6 months behind, live in Texas. Payment $1100 per month.
answered on Jan 7, 2020
Perhaps you can modify your loan or enter a chapter 13 bankruptcy. You should consult with a debt assistance attorney to see what your options are.
They seized my personal and real property without cause or warrant. Selectively prosecuted me and and selectively inforced unconstitutional code took my property for a tax debt that was being paid but not for a house around thencorner owing $15,000 and not making payments. Destroyed my property... View More 
answered on Oct 27, 2019
Whatever the municipal law, foreclosure, tax, or property damage issues are here, you mention prosecution. The matter appears to have escalated from something civil to something criminal in nature. Although there is not a question listed, as a higher priority than any of the civil damages you... View More
The bank is saying the family has to keep paying the mortgage until the house is sold. She had cancer and there is no life insurance or money left in her account. They are also saying we are responsible for selling the house
answered on Jul 20, 2019
Generally, yes, you can turn the house back over to the bank. The bank would typically have you sign a deed in lieu of foreclosure form. However, that is often not the best option. There are investors who specialize in buying properties "subject to" an existing mortgage and they will... View More
We found an error on our escrow account analysis in January. When asked Flagstar about it, we got the run around, saying it was our fault. Back before October we got a letter stating it was time to renew home owners insurance. So we called, and we had to get the insurance company to fax Flagstar... View More
answered on Jun 25, 2019
Go with the answer you got: Stop everything until the bank gets it straightened out.
I bought a house with my sister and she took a mortgage payment and left me high and dry. It takes me a full month to get a payment because I am behind and they will not take partial payments. I do not want to lose my home. I am 6mo behind
Judge hasn't posted a final judgment yet. And if a defendant can file a motion to vacate or a motion for a rehearing based on error in judgment contrary to the law can new evidence be introduced in that motion? This is a federal foreclosure case for home equity loan
purchased a property from a company who had previously owned the house, HOA foreclosed and took title to house buyers sue company for fraud because house belonged to the HOA and now HOA rescinds trustee sale for non payment of fees attempting to give ownership back to previous owners after the... View More
answered on Aug 24, 2018
This sounds like the HOA may have made a mistake and they're trying to "undo" it; however, they're making a larger mess of things.
Consult with a real estate attorney in your area as soon as possible; preferably one with HOA knowledge.
answered on Aug 24, 2018
You can give the mortgage company a "Deed in Lieu of Foreclosure". You might also be able to put the arrears in a bankruptcy proceeding; however, you will need the income to pay towards your debts plus make your monthly payment.
Consult with a bankruptcy attorney as soon as... View More
I have nowhere to go. I was evicted. She said she would hold my things. Now she says I need it gone in the week. Can she do that? Can I sue?
answered on Aug 16, 2018
You're in a tough spot, but your sister is well within her rights to evict you and your property. Find a place to land. You have no legal recourse.
Legal aide rejected me due to not enough resources so I don't know where to turn. I have 3 kids, one disabled and living off her SSI check and food stamps. No probate court since my dad had no assets. Bank wouldn't even tell me if it would be worth it, if there's any money in there... View More
answered on Jul 31, 2018
If your father left no more than a home, $60,000 in personal goods and household effects and $75,000 in other assets (such as a car or bank accounts) you can file an Affidavit of Small Estate. The court filing fee ranges from about $300-350, varying with the county. If you file an Affidavit of... View More
I have a manufacture home that caught on fire. the insurance sent me a check in my name and the mortgage company name. the company is refusing to send me copies of the documentation required to prove the amount that I owe for the house and they will not sign the check. they want me to sign the... View More
answered on Jun 23, 2018
Have a local lawyer send them a letter requesting a payoff amount. They can determine exactly what is owed and negotiate deposit and payment of the check.
Do the house/car payments get adjusted and if so, how does it work and for how long do the payments get lowered?
answered on May 22, 2018
You probably wouldn't file a chapter 13 if you have no income. House and car may be exempted somewhat in a chapter 7. You need to speak to an attorney about your specific situation, as an answer on how to proceed depends on many factors.
Have not found a will my father had.
New owner sent me vacate notice 10 days ago.
No evictions have been filed.
Father was 100% Disabled Vet receiving benefits. He was owed back pay also.
father was receiving Pension from post office retirement.
Have not... View More
answered on Mar 26, 2018
Use the Find a Lawyer function on the State Bar of Texas to find a probate lawyer in your county.
Took out with understanding sibs would help pay,but never did so left holding bag. Went to court but no one showed.Plantiff attorney is asking for names and addresses of other siblings. Intial loan the company sought me out and has since changed names 3 times. Also recieved calls saying theybwere... View More
answered on Feb 22, 2018
You need to take the documents, your account and any Will to a local probate lawyer. If there is no Will, apply for a Determination of Heirship and Letters Testamentary. Foreclosure is supposed to be postponed until six months after the executor or administrator is appointed. This does not... View More
Ocwen still have payments till 2022 rent haven't been paid in a year it's bagged up 5900. The house was flooded. It's in bad shape. Mom died 2016.
answered on Feb 21, 2018
Your question is not clear. Will what still be the same?
Daughters. No will left. Trying to sell home. Have Heirship papers but daughters don’t want to sign. What can I do. It’s up for auction sale very soon due to foreclosure.
answered on Dec 27, 2017
An Affidavit of Heirship is signed before a notary by two witnesses who know the family composition and do not stand to inherit and then recorded in the deed records of the county clerk in the county in which the real property is located.
An Affidavit of Small Estate is signed before a... View More
I found an “investor” who was to pay overage on mortgage and take over mortgage payments so I signed paperwork. The investor filed a TRO based on my info to delay the auction date of Dec 5th. The overage has not been caught up and will not be until I am out of the house. The loan is non... View More
answered on Dec 13, 2017
You may have sold your house already. The investor does not want to catch the loan up while you are still in the house because you may then decide not to leave. One of the problems with this type of deal is you will remain responsible for the mortgage until the investor sells the house and pays off... View More
My mom and step dad passed away and they own a house. They left no will and they owed back taxes. I have been paying 500 monthly on them. Was told that more taxes will be added next month because the homestead will fall off. I think i am going to do a affidavit of heirship but I dont know why they... View More
answered on Dec 2, 2017
If your mother and stepfather left property in California, please repost under California probate. While California and Texas (where I practice) are both community property states, the rules are a bit different.
Please also make sure that you want to file an Affidavit of Heirship, which... View More
I am considering BK 7. Or possibly just stop paying the bills as it would save me 1000 per month. I am on a fixed income now. The homes are being rented out. I'm aware of the homestead law. If I were to homestead, I would protect the home in California. The home in Tx is about a year... View More
answered on Nov 29, 2017
Homestead laws only apply when you reside in the property. You indicated the homes are being rented out, so you might not have this exemption. You should speak to a local bankruptcy attorney that can more accurately analyze the situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
