I'm wanting to fight a foreclosure and pay off the mortgage but, without all the added fees because, I feel the bank has grossly mishandled the entire process. It seems to have started when the original lending bank merged into it's parent bank and returned payments that had been made.... Read more »
As you correctly surmise, things are all out of whack with the court system due to the pandemic and resultant shutdowns. You're going to need to contact the Court of Common Pleas for the county in which your foreclosure case is pending. In Pennsylvania at present, each county is largely...Read more »
My sons grandfather passed in 2015 and left his home to my son in his will. We've been living here since before he passed with him and continued to live here after. Two guys came walking into my house through the front door last week with the keys to the lock claiming they bought it in a... Read more »
I'm sole heir by will, last lender died (my mother). Fiancee and I have been living with her as caretakers (she had alzheimers) and currently reside in the home as our residence, with nowhere else to go. Possible at ALL to save the home? Have a student loan and make maybe 16,000 or so a year... Read more »
Your legal obligation is the standard real estate sales contract is to deliver clear title (free of liens, encumbrances, and title defects) at the closing/settlement of the sale. The taxes will be paid by the escrow agent at time of settlement, so that the property is delivered to buyer free of...Read more »
She has no money, is on disability, and lives check to check. My step dad and little brother were also named in the paperwork. What should we do! They have no interest in the home and wouldn’t qualify to finance anything.
All states have "intestacy statutes", determining how a decedent's property will be distributed, and to whom. You don't say where the property is located, which would determine which state's law would be applicable, as to that property. The foreclosing creditor most...Read more »
If you do nothing, the court will enter a judgment by default against you and any interest you may have in the property to be foreclosed. In PA, DE and several other states, a foreclosure is an "in rem" proceeding, limited to foreclosure and sale of the property, and does not initially...Read more »
I am the plaintiff in a ejectment action. I served , by certified mail, a subpoena to my tenants ( Defendants ) to produce documents. Their Attorney filed a motion to quash subpoena because I didn’t give them 20 day notice.
A subpoena would ordinarily be used to require a non-party to appear for a deposition or produce documents. It is not used to request another party to appear or produce documents. Your lawyer can serve the defendants with a Request for Production or a Notice of Deposition, as the case may be....Read more »
I moved out 3 years ago and my ex still lives in the house. I refuse to sign any type of Short, Quick sale, agreements, remodafcation mortgage papers etc, before the 12/13/2019 deadline. does she have any type of recourse to go ahead and sign said papers on my behalf without my knowledge?... Read more »
No, you cannot be coerced by a foreclosure court or probably any other judge to sign off on any of the types of consensual agreements that you list. Probably the more important question is about what you hope to accomplish by your refusals....Read more »
Risk of loss follows title to the real estate. You do not say whether the foreclosure sale has been held, or whether the sheriff's deed has been issued to the successful bidder. Nor do you say who caused the cancellation of the home owners insurance. But, "can" you cash the refund...Read more »
Normally, it takes about 3 days for the Sheriff to deliver the deed and the Registrar to record it. The timing of when current occupants need to leave is largely up to the buyer at the sheriff's sale. He/she can file an ejectment action when he becomes record owner. Those ejectment...Read more »
My mother passed away Dec. 2018. She had a reverse mortgage on her home. According to her will, I am ineligible to purchase her home, that option was only given to one of my brothers. What, if any is my legal responsibility, and what can I do to remove myself from the lawsuit?
Inasmuch as it appears that there is no remaining equity in the property, and the property is in foreclosure so that the entire remaining balance of the debt is now due and payable, you can extract yourself from the foreclosure suit (assuming you did not sign any note or guaranty of the mortgage...Read more »
We got behind on our mortgage and received mail saying we could apply for a loan modification. This process started last August 2018 and the company had us pulling paperwork, pay stubs, etc, even had us mail cashier checks for $1900 4 different times, the last contact with them was the beginning of... Read more »
Depending upon the remaining amount of your mortgage arrearages (missed payments plus late charges and accrued interest), yes, there are alternative ways to stop, or suspend, the "pre closure process".
I assume you have received a letter notice of intent to foreclose, but you...Read more »
In August I received a letter to pay my rent to a trustee. I have been doing that with the intent to purchase my house at the Allegheny Courthouse this February. Now my landlord served me papers saying that he filed Chapter 11 and that if I attempt to buy his house that he would sue me. He also... Read more »
To answer your questions, I'd need to see what has been filed by your landlord in his Chapter 11 case, including what orders have been entered authorizing him to utilize his lenders' cash collateral (the rent you pay would most probably be part of that cash collateral). In addition,...Read more »
No idea. I'd google it and see if you can locate the information about the particular lawsuit you're interested in. I tried but, not knowing why you believe you may be eligible to apply to join one of the several lawsuits out there, my ability to come up with any sort of suggestion was too limited.
I am interested in properties at Sherriff Sales but want to know if anyone can represent me to approach the owners and buy these properties ahead of sales to avoid bidding situation. If so, how do you charge your fee?
Our firm could assist with this work provided that we do not have any conflicts with the foreclosing bank/lender and would charge for this work on an hourly basis. Feel free to schedule a confidential phone or in-person consultation for more information.
I already had a Conciliation Conference, which did no justice, and I felt as if it were to get me to say I was the last surviving member of the family. It is her home and noone has been there since she passed.
When litigation is filed -- including mortgage foreclosure cases -- the named Defendant must be served with the suit papers in a particular way, and there is a time limit for this to occur. If service is not made within this initial time period, the Complaint must be "reinstated" or...Read more »
We live in husbands grandmothers home, were supposed to buy it according to her will after she died but her named executrixs refused to open will and now home is in foreclosure and going for sherrif sale at end of Sept. We have lived in home for 9 years, now buying another home...first one fell... Read more »
I was unable to sell my old house because we owe more than it is worth. I decided to rent it out to avoid foreclosure despite having a clause in the mortgage saying we cannot rent it. Two years later we are in the process of evicting the tenant because he is always late with payments and is now... Read more »
In the vast majority of foreclosure cases, the question is not whether the Mortgagee noteholder will when, but when. You say the property is "my old house", but that your wife now owns it. You do not, however, say when that transfer of title occurred, nor what money or other value...Read more »
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