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... View 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... View More

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... View 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... View 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,... View 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.

If you're looking to hire a particular attorney with a listing here on Justia, I suggest you contact that attorney from his/her profile. Best of luck to you.

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.

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... View More

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answered on Sep 4, 2018

You should be given notice of when the drop dead time is. I would call the the entity involved in the sheriffs sale and try to get as much information as you can.

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... View More

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answered on Jul 5, 2018

The bank forecloses on the property and they take the money necessary to pay what is owed. You will lose all rights you have in the property if it is foreclosed on. If your husband wants to pay you for what you have paid on the mortgage he can agree to do so.

The mortgage lender can foreclose on the "whole house", inasmuch as adding you to the title after the Mortgage was recorded makes your ownership interest subject to the Mortgage lien. It the Mortgage holder forecloses, even if you never signed the Mortgage or Note, and the property is... View More

To qualify for a chapter 13, pursuant to the statute, you must have regular income. It is a requirement of a chapter 13 that you have a regular steady income.

A chapter 13 bankruptcy proceeding is designed to enable debtors to keep their houses. There are debt maximum limits, however, and a Chapter 13 debtor must be receiving "periodic income" with which to fund a plan. Social security payments qualify as periodic income, if sufficient in... View More

The seller's obligation is to deliver clear title to the property at the settlement/closing of the purchase. In other words, the existing mortgage lien must be released, and the only way the mortgage holder will release is to receive full payment (or some other negotiated amount). I strongly... View More

To provide a reliable response, I'd need to examine the Note, Mortgage, and Notice and foreclosure Complaint, but short of that, if you have not signed the Note or otherwise committed to the foreclosing Lender to become liable thereon, you should have no personal liability for the Mortgage... View More

For the most part, lawyers only do what their clients direct them to do. In your case, it appears that the mortgage holder, or designated servicer of the mortgage loan, has decided to foreclose. And yet, once a party has "lawyered up" about a matter, you are bound to direct... View More

Unless you have a leak would you have a charge? Can you ask if they can shut off the water?

Yes, you can bring a nuissance action. Whether it's worth it and what it costs are things you need to discuss with an attorney who handles those things.

You would need at some point to have estimators to discuss what it would cost to fix.