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COVID-19 Foreclosure Questions & Answers
2 Answers | Asked in Bankruptcy, Criminal Law, Foreclosure and Real Estate Law for New York on
Q: I'm in Ch13, had COVID foreclosure protection, but the bank fraudulently filed & received Termination of Automatic Stay

While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More

Jonathan David Warner
Jonathan David Warner
answered on Aug 25, 2023

Based upon the facts you've presented, it doesn't sound as if any fraud was committed - though I do sympathize with your frustration.

In just about any case, non-payment of your mortgage is grounds for termination of the Automatic Stay in a Bankruptcy Case. The COVID-19 Hardship...
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1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: My mortgage company will not work with me about bringing my mortgage current, and they never told me about the cares act

They already have a class auction lawsuit against them because they did not tell their customers about the cares act

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2023

If your mortgage company is refusing to work with you to bring your mortgage current and did not inform you about the CARES Act, you may have legal options to pursue.

Under the CARES Act, certain mortgage relief options were made available to homeowners affected by the COVID-19 pandemic,...
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1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: I applied for covid-19 mortgage relief and now face property foreclosure. How do I avoid losing my home???

I was able to resume monthly payments, however, new mortgage service has denied me a repayment plan and refinance option.

Leon Bayer
Leon Bayer
answered on Jul 27, 2021

You should have an immediate conversation with one or more bankruptcy lawyers. Chapter 13 bankruptcy is designed to give you up to 5 years to catch up your mortgage, all the while protecting you from foreclosure.

1 Answer | Asked in Foreclosure and Personal Injury for Tennessee on
Q: Can I still sue after a year of an injury that's gonna last the rest of my life?

3 officers slammed me down in the yard of the home we Were evicted from. While 2 put there knees in my back one reached around them and grabbed me by the back of my neck, squzz and just held as tightly as he could as if trying to strangle me from behind now my neck aches a lot it pops n creeks and... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 1, 2021

Looks to me like the statute of limitations in Tennessee is one year. If it is over a year you can't proceed. Contact attorneys who handle "police misconduct." You need exact dates.

1 Answer | Asked in Foreclosure and Divorce for North Carolina on
Q: House is headed for foreclosure and wife won’t speak to me. How can I sell house to avoid losing $$

She will not talk to me at all, changed phone, won’t even discuss school, health, etc about our remaining minor child. Once COVID protections are lifted our lender will foreclose. She won’t talk but I need to sell. It is best for her and kids as well. I am unemployed for over a year

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 25, 2021

It sounds like you are separated from her. The only way possible would be to file for "equitable distribution" and the Court could enter an Order requiring her to cooperate with the disposal of any marital assets. Otherwise, you cannot force her to sell. You should get an equitable... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Illinois on
Q: May I change the locks on a home I own that has been for the most part abandoned? Please see additional info below:

Home was purchased at a foreclosure (judicial) sale in Illinois. I have a order of possession from the original foreclosure proceedings. Evictions have been postponed due to pandemic. Home has water shut off. Prior owner lives somewhere else, but still has keys. Prior owner occasionally visits... View More

Erik K Jacobs
Erik K Jacobs
answered on Apr 29, 2021

As a practical matter, yes. Possession has been ordered in the foreclosure. The owner does not RESIDE in the premises. It sounds like he's an occasional trespasser.

2 Answers | Asked in Foreclosure for New Jersey on
Q: if there was a deficiency judgement filed and awarded, how long does the mortgage company have to come after me?

how do i find out if there was a judgement against me? I did not receive anything and the auction sale was 11/2018

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2021

The mortgage company has a substantial amount of time. You really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney to eliminate this problem for you. If the property sold at sheriff sale for less than what is owed (a virtual certainty in 2018) then there is a... View More

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2 Answers | Asked in Estate Planning, Landlord - Tenant and Foreclosure for Ohio on
Q: how to evict a family member who was only supposed to stay free for a couple nights and didnt leave?

my cousin asked for a place to stay, and he lost his job now hes staying here not paying rent although there is no rent agreement he was just supposed to stay a couple days and leave he kept procrastinating till he got mail here now hes using squatters rights on us so he dosent have to leave, how... View More

Joseph Jaap
Joseph Jaap
answered on Jan 25, 2021

If you own the property, you can evict any occupant by following the proper eviction process. Check your local court for the notice and other forms to file for an eviction, or use the Find a Lawyer tab to retain a local real estate attorney to assist you, because you want to do it right the first... View More

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2 Answers | Asked in Bankruptcy, Contracts and Foreclosure for Tennessee on
Q: I live in Tennessee, can my landlord show the house to buyers during the covid pandemic and while I’m currentlypregnant

My landlord told us before we signed the lease that we wouldn’t have to deal with strangers coming into our home for any reason but because she’s dealing with facing foreclosure on a different house that she hasn’t been able to get anyone to buy,she’s been trying to get someone to buy the... View More

Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2021

Unless it is in your Lease there is no such prohibition. You may wish to find a leasehold elsewhere. A Buyer will take subject to your Lease, I would expect to not stay there much longer. A potential personal injury suit is not going to happen because it would be impossible to prove. causation.

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1 Answer | Asked in Foreclosure for Florida on
Q: Florida-Does foreclosure moratorium allow lender to sell the property and the new owners can file "unlawful detainer"

Certificate of title was (not served but) issued 3/2020, Bank did not do writ of possession and listed house for auction 4/15 (after moratorium executive order). We were never notified until receipt of unlawful detainer 8/19 that the house belongs to new owners. New owner is seeking possession and... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 25, 2020

If the property was auctioned before the executive order was issued in March, there would have been a certificate of sale issued giving you ten (10) days to redeem the property. If you do not redeem the property by paying the judgment, then a certificate of title is issued. The timing of these... View More

1 Answer | Asked in Foreclosure for California on
Q: the property has not been sold as of yet due to covid -19. However I have been told by a property rental agent that

it will be sold possibility within the next month or two. My question is, should I pay until it forecloses or give my notice to move.

Maurice Mandel II
Maurice Mandel II
answered on Jul 16, 2020

If you are not comfortable with the situation, give notice, and move. 30 days is pretty standard. Tell LL to take last month out of the security deposit. Ask for a Pre-move out inspection by LL to go over what repairs he believes are needed. BTW- you are absolutely entitled to have the LL give... View More

1 Answer | Asked in Foreclosure for California on
Q: the landlord has not made payments for 8 months, so the house is in pre foreclosure status. The property was due to be

sold on 6/18/20. I the renter is still paying rent. Do I have to continue to pay rent?

Maurice Mandel II
Maurice Mandel II
answered on Jul 16, 2020

Under normal circumstances your payment of rent is not dependent on the Owner paying the mortgage, which is unfortunate because if the LL does not pay the mtg. the house is foreclosed and you are evicted by the bank. I have never heard of a bank letting a renter stay and pay the rent to the bank,... View More

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Michigan on
Q: i lived in an apt complex for 5 years. NEVER paid a late fee!!!!!no problems at all. mt lease was up april 30,2020. i h

i couldnt get help to move at that time because of virus closures. i couldnt turn key in till june 6 they are saying i have to pay my deposit back and charging me a mth rent during the initial out break. how can they charge me 800.00

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 6, 2020

If I understand the question, you resided in an apartment until June 6 but your lease ended on April 30. That means you 'held over' a little over a month.

Therefore, you owe a little over a month in extra rent on a 'month to month' basis (look at your lease, I bet it...
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