Stop Foreclosure Legally

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Stop Foreclosure Legally

Stop Foreclosure Legally

What Can A Lawyer Do In Washington State To Stop A Home Foreclosure In My Mom's Situation?My mom and my step dad have declared bankruptcy one or two times in the last 10 years. My older brother now lives with them because his health hasn't been so great for some time. Needless to say their credit isn't so good after filing for bankruptcys. Now I hear the bank has gone to foreclose their home and they say to us, their adult children that they have their lawyer working on it but don't tell us much else. My parents havent made such great choices about their money in the past so we are pretty skeptical. Not only that a majior reason why they are in this finacial hell is because my step dad fell for an internet e-mail scam. I and my brother am trying to help them as much as we can with our own practical smarts but they haven't told us any details so far. From what we gather my parents could be housless come Febuary. What can be done to help them Legally and, or what would you do about all this? I don't know what form of bankruptcy they have filed this time.. but they say they will be required to pay all of their bankruptcy debts off and keep up with all of their incoming future bills they will have too. Step dad works two jobs. My mom is on disability. My older brother also works but he is the one who has been sick (and even though its not HIV or AIDS he may also be ill for years to come too) is now working at a Taco Del Mar. [ Read More ]

Can A Landlord Under Foreclosure Evict Non-paying Tenants?If an owner of a condo is currently under Foreclosure and his tenants find out and decide to Stop paying him can he Legally evict the renters? Ok, it is not me not paying my rent. I am a mangaer at co-op and we have a dirtbag owner that has like 20 units under Foreclosure and he is still renting and collecting rent. Just wondering why he can still collect rent when he isn't paying. Unrelated he is also not paying HOA fees and we have to Legally go after him for renting without paying fees [ Read More ]

If You Are Renting A Room In CA And You Think The House Is In Foreclosure Can You Stop Paying Rent?The owner died and the daughters are lying about the foreclosure, but I know it's true. Today the water was shut off. I called the daughters today when the water was shut off and they said their lawyer said not to pay any bills for the house until the estate is settled, but that it's NOT in foreclosure. What rights do I have as a renter? There are two of us who rent rooms here. If I don't pay rent and they evict me, what are my rights and how long can I stay after an 'evictment' in CA? How long til they can Legally kick me out? Thanks [ Read More ]

If Mortgagor Won't Accept Returned Deed Nor Pursued Foreclosure, What Would Be Your Options As Corp. Owner?Bought station 5 yrs ago. Have had many contract issues with my gas distributor where it has cost me many dollars to Legally make them abide to the contract signed. Through no avail. Gas distributor is also mortgage holder on property they sold to me. I am out of money and have not paid mortgage since Oct. 2007 and property taxes about the same time...They started Foreclosure proceedings in Nov 2008 at which time I hired an attorney who negotiated a deal to return the property and Stop Foreclosure in Feb 2009. It is my Corporation that owns this property. To date the mortgage holder has not accepted the deed and is not going forward with the Foreclosure proceedings! I can't afford any more attorney fees for more proceedings and consultations. Because Foreclosure was recorded, no real estate will market the property. In it's present situation it is un-rentable. Is there any way I can sign it over for the unpaid taxes, or do I just walk away by makeing my corporation insolvent ? [ Read More ]

Obligor And Guarantor: What Exactly Do They Mean?When a loan goes into default, what happens to both the obligor and guarantor (obligor is in bankruptcy to Stop foreclosure)? Can the guarantor just say that he or she has nothing to do with it any longer or is he or she Legally responsible still for the loan amount? Is it legal to say that the company is a discontinued operation and that the guarantor is no longer responsible for the loan, or was never responsible for it in the first place? [ Read More ]

Are Emails Legally Evidence?Owned a house and mortgage was in arrears, coming close to foreclosure. Lawyer I had who was a friend of my friend at the time was helping me and advised me to do a deed transfer. She specifically told me the bank can not foreclose on me if I do the deed transfer and that this was my only option out of the mess I was in. She informed me she found someone (a business friend of hers) who was interested in doing the deed transfer and wanted to work something out with the bank for the property. I did the deed transfer. New owner did nothing with bank or property. The house foreclosed last year. I found out about almost a year later that doing a deed transfer does NOT Stop foreclosure. I know I made a big mistake by trusting this lawyer and not looking into what she was telling me. At the time I had no reason not to trust her. Since I now know what my lawyer told me regarding the deed transfer and Foreclosure was false, is that considered malpractice, fraud, something else? She misled me and wrongly advised me. The only proof I have though are emails between us regarding this. Are emails considered evidence? Are they just as good as a paper document as proof? [ Read More ]

Buy A House That Had Foreclosure Put On Hold ?So I was looking to buy a gorgeous house in great area. Not a bubble area. Upscale. Put in offer and it was accepted. About to get inspection. Was shocked to just find out the house was under pre foreclosure! But because of the state it is in the seller was lucky and savvy enough to have an emergency Stop put on the Foreclosure proceedings for upto 60 days. (their state has a Foreclosure ACT that puts foreclosures on hold while thye apply for emergency mortgage assistance. Im thinking of being clever and withdrawing my offer and now waiting things out a couple of months to see if the house does go into foreclosure. but can the seller still try and sell their house while their Foreclosure is on hold ? how can they Legally sell a house when their house was going into foreclosure! by re agent says the fact that it was in pre Foreclosure is immaterial to buying it. my realtor is old lady who says she knows that because this state is so liberal and has programs to Stop Foreclosure proceedings that i would be 'foolhardy' to withdraw my offer. additionally she said the seller priced it 25k under market and has several back up showings. i just dont see how she can get to sell it without disclosing Foreclosure actions. [ Read More ]

How To Reclaim A House That We Sold That Was In Foreclosure?My friend and I brought a house in 2000 we had some problems in 2002 and the house was in pre- Foreclosure we found a buyer for the house and it was paid off. we were told that the Foreclosure would be stopped and would not be on our credit but it is. How do we get it off. The house is now abandoned and or in Foreclosure again not sure but since we paid the house off it should be Legally ours and we should be able to reclaim the house. We got only 600.00 from the sale and paid off the 95000 owed on the house plus the taxes and 12000.00 to repair the heating since we did all this we should have the right to get our house back shouldn't it be ours since we paid for it. [ Read More ]

Maine Real Estate Foreclosure Auction?ok so here is the situation, a friend of mine is going thru the Foreclosure process and his property is scheduled for auction on June 19th, 08. There are a lot of holes in the process (legally) as far as our state laws go and I think that he is being taken advantage of. He signed a contract with the auction company but the fees are being paid by the bank's representative. He was not notified in writing about the time/date of the auction. Not even sure if they have actually advertised a public notice of the sale which they are supposed to do per the state laws here unless that was waved because he signed a contract with the auction company. Could he Stop the process right now seeing that he signed the contract and make the bank start the process sort of over as far as the auction end of things. I'm thinking that he would have the right to cancel the auction cuz he signed the contract but im not sure. Obviously this would most likely make the bank unhappy and he may be forced out sooner [ Read More ]

My Name Is Not On The Mortgage Application But I Received Summons Related To The Foreclosure Of The House?My husband left me and our son on November 2007 so he can be with his girlfriend and told me that we were getting divorce. On February 2008 we had to renew our mortgage. He filled out mortgage application with no co-sign. The lady from Quicken Loan came to my house and told me that I had to sign some papers. Both me and my ex said that I should not signed anything because I have no income and we were getting divorce, but she insisted for me to do it because I was still Legally married at that times, so I signed the papers. My ex Stop making mortgage payments since December last year. We got divorce on few months ago with an agreement that my ex husband will take full responsibility for the house and expenses related to the house. Few days ago, I received summon from the court with my ex name and mine as defendants and it said that I am responsible for the house being foreclosure. I called the lawyer who represent the mortgage Company and she simply said that I signed the document so I am responsible for it and suggested to find a lawyer. I look at the mortgage documents. The application has no co-sign and only has my ex name. But then I found out that Quicken Loan put my name on the deed (the original deed has only my ex name), and my name on the mortgage sheet (but not mortgage application). Whenever I called the mortgage company they won't talk to me because they said my name is not on the mortgage list. Is there anyway I can get away with it. My ex told me not to worry because the divorce decree mentioned that he will take full responsible for the house. I just spent 8000 for a divorce lawyer fees and I don't make a lots of money from my jobs since I just starting getting back to work. I am taking care our son by myself, working full time and going to school. Please help me. Thank you. On the MORTGAGE section (B) 'Borrower' is my ex name and my name, husband and wife Is that mean I also a borrower? or is it because my name is on the deed. I really appreciated anybody help who answering my question. Thank you. [ Read More ]

What To Do Legally? (issue Concerning Real Estate) Our mortgage escrow has been taking tax money out of our account on two land parcels for 5 years that we do not own and have never owned, in fact they don't even exist on the city tax website. We have had our monthly mortgage amount raised every year due to this and as you can imagine we have struggled, had a car repossessed, bills piled up, been in and out of Foreclosure numerous times, we have had to pay many mortgage penalties, ect. We need to know if we would have a good case to sue the mortgage company and/or tax office, for this has had us struggling for 5 years and we have lost almost everything because of it. If we have a good case, does anybody know what type of lawyer we need? Or any recommendations for any good ones near Houston, TX? I have called the mortgage co. every year it goes up and asked and they say it was because of taxes rising in the area, We even get copies of what the taxes are, and those 2 parcels have NEVER came to us, otherwise I would have put a Stop to it, for we have seen our house note going up to something we can't afford to pay.The mortgage company is blaming the city for sending them the bills, yet the city has been taking this money every year for parcels that do not exist and has never sent us the copies, so why would they send it to our mortgage company? It has already been proven that they are not our parcels and I requested the Escrow statements since we have owned the home and they show paid on every year following the year after we bought the home, so a total of 5 years this has been going on behind our backs.. They started sending us the breakdowns of the escrow just this year, thats when I saw the 2 extra parcels on there. The mortgage company is 'working' on this matter now, but they were supposed to be done by July 24th, and I don't get any straight answers from them ever, this is our first home and we were not even sure how escrow worked, so I am unsure on what to do, do I get a lawyer for compensation on all that we have lost trying to keep up with the house note, or just go with what the mortgage company 'says' we are due? And wouldn't the city be just as responsible as the mortgage company, seeing how the parcels don't even exist, yet they have been billing for them and taking the money!... HELP PLEASE! Thanks in advance! As for letting it go on so long, as I said, I have called every year and the mortgage co gave me the tax numbers and it matched my copies, but now I see it was because I had to give them each parcel number so they could pull it up..so I guess thats why they didn't give me the numbers on the ones we didn't know of, they were not sending us escrow breakdowns, nor did we know what that even was at the time . But even when I called the city a few times they could only give me my information on what we DO own, considering, the other 2 parcels are not even existing and not in our name, so the city and county have denied any overpayment b/c they couldn't look it up (we had to prove we were paying them through the mortgage docs). Also people who live around us were complaining too about their taxes going up every year so I thought it was like everybody else... but as I said, this is our first home, first escrow, first time dealing with taxes.. so I guess we are learning the hard way. [ Read More ]

Chapter 7 Bankruptcy Questions And Foreclosure.?We stopped payment on our mortgages and credit cards in December per lawyers suggestion. Our house is not in Foreclosure yet but they call 3x's a day. I have not hired a lawyer frankly because I can't find one I am satisfied with. Have been to 7. Each one tells me something different and I would like straight answers. Here are my questions. 1. How long after filing bankruptcy can you stay in your house Legally before they force you out? I'm in Michigan. 2. How long before a Sheriff sale sign gets put on your door do you have until they force you out? Basically I want to know what my options are in regards to filing chapter 7. I want to stay in the house the maximum amount of time. I also do not want to be sued by any creditors in the mean time. I'm sensing a catch 22 here. Would like knowledgeable answers not smart @ answers thank you. [ Read More ]

In Virginia, Are You Notified In Writing That Your House Has Been Issued An Auction Date For Foreclosure?My brother had major medical bills in 2007 and 2008. He got behind on his bills and filed bankruptcy in Oct. 2008. His mortgage was not part of his bankruptcy. For reasons I don't understand, he stopped paying his mortgage because he 'could not afford it'. In January he was released from the bankruptcy and he still didn't pay his mortgage. He got a letter two weeks ago saying his home was in foreclosure. He called the mortgage company and he doesn't qualify for any of the new government programs because of the bankruptcy. He says because of his health insurance premium ($900 a month) and other expenses, he can't afford to pay his mortgage each month. So, even if I helped him catch up on his payments, he could not make a monthly payment. The mortgage company told him that because of the bankruptcy he is not Legally liable for the mortgage anymore but he is responsible for the lien. What does that mean? The mortgage company has set an auction date of April 22nd. But, he thought all this had to go through a court which would give him more time. The mortgage company said they don't have to notify him of the sale or go to court to establish an Auction date. I don't even know where to start to help him. Where can he go for help? Thank you! [ Read More ]

Advice On Taking On A 100 Year Old House?My husband and I may have a chance to take on my former marital home from my ex-husband since he stopped paying the mortgage and my name is Legally still on it. It is not in a great area, and he has let it fall into serious disrepair. The choices are to either take it on and repair it to make it liveable for us and our kids, or to let it go into Foreclosure and still be liable for the balance financially. Taking on the mortgage would save us money in rent (about $500 per month), but we have little liquid money to work with in a repair capacity. What additional concerns should we look out for and what would make this a smart thing to take on? [ Read More ]

Stop Foreclosure Legally