answered on Mar 19, 2024
A writ of possession may be stayed by timely appealing the case to the county court or by filing a supersedeas bond within ten days from the date of judgment in the county court.
Once a judgment for eviction has been granted, even filing bankruptcy will not stop a writ of possession from... View More 
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answered on Mar 19, 2024
If you're facing a writ of possession that hasn't yet been served, it's crucial to act quickly. First, you should review the details of the eviction notice or court decision leading to the writ. Understanding the basis of the action can help you identify any possible errors or... View More
I am her only child, 39, with my own family. Mother was horrible with finances, and I want nothing to do with her estate.
Hearing in a few days, docket lists “MOTION FOR SUMMARY JUDGMENT, MOTION TO COMPEL MEDIATION AND DEPOSITION,” and I’m freaking out.
answered on Jan 9, 2024
You should hire an attorney to file an answer, a response to the motion for summary judgment, and a response to the motion to compel mediation and deposition.
If you are not a co-signor on her mortgage, the mortgage company is most likely suing you because you are your mother's sole... View More
He never did he made me sign quit claim said now I'm off loan. He lied to me to refinance. He died house in foreclosure. Can I do anything?
answered on Dec 11, 2023
If the statute of limitations has not expired, you can sue your ex-husband's estate for the $10,000 you were supposed to receive.
Whether the statute of limitations has expired depends on the language of your divorce decree. Typically, a decree will set a within which a spouse is... View More
Mortgage co won't work with me, only option to pay full amount past dued
Who can help me get mortgage current, don't have the money for attorney
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answered on Nov 5, 2023
The only real way to stop foreclosure in TX is to sue the bank and get a stay(temporary restraining order) of the f/c sale. I have never lost one of these cases and they always give the borrower leverage and time to re-design or re-make the loan and its terms. This all supposes that you are... View More
How Do I file the TRO, Lis Pendens, Prelininary injunction and Declaratory Relief?
answered on Jun 14, 2023
A notice of lis pendens is filed in the deed records of the county where the property is located.
An application for TRO, preliminary injunction, and declaratory relief is filed electronically with the clerk of the court (which could be the county clerk, state district clerk, or federal... View More
process over again. IE resend the notice of default certified and then the notice to accelerate and sale date?
answered on May 8, 2023
Typically yes with respect to the notice of sale.
Trustee’s and foreclosure sales happen on the first Tuesday of each month. Certain notices ordinarily required are specific to a particular sale date. Others are not.
Typically, a notice of default and a notice of acceleration... View More
Can they take our home, business, or bank accounts? Please help! Which state’s laws apply in this case?
answered on Feb 22, 2023
I am not licensed in Illinois or Texas, but in general:
1. Illinois law applies to the foreclosure. If there is a money deficiency or judgment that you are personally liable for, the judgment will be entered in Illinois.
2. The judgment creditor, if it intends to execute on the... View More
What do I need do do to get this unpaid mortgage realeased
answered on Jan 9, 2023
In Texas, the common practice is to use a deed of trust to secure a mortgage loan. The deed of trust must be sign by the homeowner which, in this case, is you.
If you did not sign the deed of trust and someone forged your signature, you should file a declaratory judgment action asking the... View More
answered on Oct 25, 2022
If the roofing contractor has properly fixed a lien against the homestead as provided in Chapter 53 of the Texas Property Code, yes the roofer can judicially foreclose on the lien.
answered on Apr 24, 2024
If there is a valid ground to contest the foreclosure, an attorney likely would file an application for a temporary restraining order and temporary injunction as part of a declaratory judgment action seeking a declaration that the HOA does not have valid grounds to foreclose on the property.... View More
What can be done, other than bankruptcy to immediately stop my home from going to auction? I only was made aware of my property going to auction by setting a reminder on the website for my property. The bank cancelled a Nov 23’ auction. I have not received tax forms from the lender since 2019 and... View More
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answered on Apr 1, 2024
I'm so sorry to hear about the challenging situation you're facing with your home potentially being auctioned off, especially given the lack of proper notification and other issues you've described with your lender. This sounds very stressful and I can understand your urgency in... View More
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answered on Nov 7, 2023
When you get that letter or Notice call me.
I need at least 3 examples I can print out and read for myself.
answered on Jun 14, 2023
Most likely. Contact my office to schedule an initial consultation where we can discuss your legal research project in greater depth, along with the terms and conditions for employing us for such legal representation.
Father in law was named dependent administrator of my late wife's estate and is also named on deed as tenant in common along with his wife and my late wife also. My name not on deed. Bank would not accept my money for mortgage payment since I was not on deed. Requested father in law to take... View More
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answered on Jun 6, 2023
Your best move was to sue him on your homestead claim or intervene in the Estate proceedings.
You still have some legal options, including a lawsuit against your father in law for his malfeasance and failure to manage the estate assets and save the property from fc or waste.
You... View More
In Denton, Texas
answered on May 9, 2023
The grantor is the current owner of the home.
The grantee is the person or business entity to which the owner is transferring the property in lieu of foreclosure, often the lender or an entity affiliated with the lender.
i didnt see a motion to dismiss from the defendant, just notice of hearing , and there are other defendants i have not served yet.
answered on Apr 2, 2023
Yes.
The plaintiff’s failure to serve additional defendants does not in any way delay the court’s duty to timely rule on a defendant’s motion for dismissal.
I just wanted to clear up what I was asking. His bankruptcy is not yet approved and trustee is recommending it not be granted due to lack of income because he has not submitted the documents she asked for yet. (Schedule C, 3-months P&L, and complete tax return. I log on to Pacer at least once a... View More
answered on Dec 18, 2022
Yes. You can file your own response to the trustee but you are pretty much protected either way.
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