Get free answers to your Foreclosure legal questions from lawyers in your area.
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 
answered on Jun 6, 2023
As an heir of your wife you should hire an attorney to appear on your behalf in the probate court. Since you attempted to pay the mortgage, and the administrator didn't accept the money, one would assume you have that money available now to pay the past due amount and stave off the... 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.
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
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.
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
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.
Can I file a suit pro se?
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.
From an auction bidder's perspective, do each of these types of real estate tax foreclosure types (for example EOS, EXE, Sale, resale, PLURIES) have the same redemption period?
I'm referring to the auctions from the Tax Code from Chapter 34. TAX SALES AND REDEMPTION, from the... View More
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answered on Oct 2, 2022
If your question is looking for a "redemption" period after a f/c sale. There is none! Once it is sold at foreclosure, it is the property of the buyer, 100% in fee simple. While there may be some other legal issues of the property you buy at a f/c sale, it is a different legal process,... View More
Bank and mortgage company were notified of her passing, and were accepting payment from me. Then property was foreclosed and sold with no notification, until after the sale...
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answered on Sep 10, 2022
If you still have possession of the house/property, you can file in court for an injunction and stop the foreclosure. If you have left, you would have a very hard time getting back possession. Notice is a key part of any foreclosure. This would also be helped if you had the property put through... View More
The hearing via Zoom had connection problems and was placed in waiting court claiming prior case running over time and would be called back in upon completion. After waiting 4 hours and several calls to check status and remain waiting 4 hours later I was informed the hearing was over they proceeded... View More
answered on Sep 1, 2022
If this was a final hearing (trial), you have a limited time within which to file a properly drafted verified motion for new trial and to obtain a written ruling from the court on such motion. There are many technical aspects to such a motion, so you need a competent attorney experienced in... View More
I have a past due ( 3 years) mortgage and due to pandemic ( lost job and parents hospitalized) could not able to pay . I have tried several time to modify the past due also requested for payment option. each proposal they turn down and send me a demand letter for full past due . Now i received a... View More
answered on Apr 12, 2022
I have practiced in Texas and in Texas foreclosure is by "post and sell"--May 3 is the first Tuesday of the month which is foreclosure auction day. .That is contrasted to states like Florida where I practice now where is called a "Strict Foreclosure" state. That means that you... View More
They refused to remove the lien . The AG over charged me for child support, financially crippling me , I had to get property tax loans , this went on for 10 years .. My way out was to refinance my house , but because of this fraudulent lien I was unable to refinance.. I’ve gotten the run around... View More
The house would go to his children when they are old enough or we can sell. Financially things got bad. That's when I contacted Christian Consultants of Texas. So the process was started. Some employees came to the house and took pictures of inside and outside and another employee came by... View More
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answered on Feb 5, 2022
I am not sure what the question is.
If you want to reverse the transaction, you will have to sue, and fast. Fraud usually has a one-year statute of limitations within which you must sue the offending person or company.
Please go see a lawyer ASAP!
answered on Nov 3, 2021
The bank likely received an order from the court lifting the automatic stay to proceed with the foreclosure. This is not uncommon and they can do this for various reasons - no equity, no adequate assurance, you haven't been paying the mortgage post petition... etc. Take a look at your... View More
I just want to be able to have a place to lay my head I don't need a lot I don't care if I have to go without electricity or water this is all I have left of my family is this house all my family's deceased I've either buried or cremated 98% of my family in the last 10 years I... View More
answered on Aug 9, 2021
It sounds like you are having difficulty paying the mortgage and are trying to avoid foreclosure. A quit claim deed won't help in that situation (it doesn't even convey the land in Texas, and should virtually never be used).
An adverse possession claim is a way of acquiring... View More
I recently discovered my single dad, whom has a mortgage, deeded the house to me and his name is no longer on the deed. He is still paying the mortgage. If he defaults on his loan can the bank foreclose on the house, or will any of this ruin my credit in any way? Would he be able to refinance or... View More
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answered on Apr 9, 2021
You have taken title subject to the mortgage. It is his debt as the notemaker, but the real property stands as secured collateral. The lender can always foreclose if the note is not paid or other terms are not met. It is not your debt.
My father and I had lived in this home since I was 6 years old. He got married in 2014 and he was renting to own the home. when the payments were completed they put the house in my step moms name and now my father has passed away. I called the tax office and they are not listing me or my brothers... View More
answered on Mar 3, 2021
Hire a local probate attorney to file an application for succession.
Are those agencies reputable? I'm her only surviving family member, both our parents are deceased. I find nothing noted in our County's surplus listings, nor state listings. How can I verify if there is actual funds? And, do I need to go through the agency who contacted me, or an attorney?
answered on Dec 24, 2020
This is most likely a scam. If there were surplus funds from any source (even a utility deposit) they would, in good time, be deposited with the state comptroller. They could not be accessed until then.
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