Foreclosure Questions & Answers by State
- Alabama
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- District of Columbia
- Florida
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- Illinois
- Indiana
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- New York
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- Ohio
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- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
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- Vermont
- Virginia
- Washington
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Foreclosure Questions & Answers
Q: In state of Georgia can home be taken in foreclosure if it\\\\\\\\\\\\\\\'s owner\\\\\\\\\\\\\\\'s only dwelling?
1 Answer | Asked in Foreclosure for Georgia on Aug 26, 2015
Answered on Aug 28, 2015
Julie A. Rice's answer
Yes. If you can\'t pay, you can\'t stay.
Q: What shouId do after I file a Motion to Cancel a Foreclosure Sale with a judge and it turns out to be ex parte?
2 Answers | Asked in Foreclosure for Florida on Aug 26, 2015
Answered on Aug 26, 2015
Robert Jason De Groot's answer
You need to get an attorney immediately. This is not a basic legal question and requires action on an attorneys part as well as research.
Q: after final judjement. do I still have to pay condo fees.on my condo until sheriffs sale takes place ?
1 Answer | Asked in Foreclosure for New Jersey on Nov 4, 2014
Answered on Aug 26, 2015
Leonard R. Boyer's answer
If you are not living in the house, after the sheriff sale you have no liability to pay the condo fees. Depending on your overall financial situation, you may want to consider Chapter 7 Bankruptcy, if you have no already done so. Good luck.
Q: Need to find case law in RI Superior court regarding upholding counterclaims against America Home Mortgage.
1 Answer | Asked in Foreclosure for Rhode Island on Jun 11, 2015
Answered on Aug 24, 2015
Neville Bedford's answer
Superior Court publishes their decisions here: https://www.courts.ri.gov/Courts/SuperiorCourt/Pages/Decisions.aspx
Q: Is it standard to add spouses to a mortgage foreclosure action when they were not on the note, deed or mortgage?
1 Answer | Asked in Foreclosure for Rhode Island on Jun 19, 2015
Answered on Aug 24, 2015
Neville Bedford's answer
That sounds peculiar, generally banks foreclose and not ex-spouses .. but I suppose it could happen. Bring all the documents to your favorite local family, bankruptcy, consumer law counselor and have them go over all of the documents and correspondence for a precise insight.
Q: Facing eviction from the building that i legally own
1 Answer | Asked in Foreclosure for New Jersey on Jun 24, 2011
Answered on Aug 15, 2015
Leonard R. Boyer's answer
You have provided insufficient facts and no question that can be answered.
Q: If I am on the title but not the loan of a property in foreclosure, how can I prevent it from going on my public record?
Robert Jason De Groot's answer
You cannot prevent it from going into the public record.
Q: How long after a foreclosed home is sold in NJ do I have to vacate the home?
1 Answer | Asked in Foreclosure for New Jersey on Apr 26, 2012
Answered on Aug 2, 2015
Leonard R. Boyer's answer
It will depend on what you are able to do about the sheriff sale. You should consult an attorney. Good luck.
Q: I am in foreclosure with wells fargo. I have been named in a class action suit against WF. Does this stop the process?
1 Answer | Asked in Foreclosure for New Jersey on Nov 11, 2012
Answered on Jul 31, 2015
Leonard R. Boyer's answer
It does not stop the process, unless there was something specific in the class action suit to the contrary, but not to my knowledge. Good luck.
Q: I just bought a forclosure home from the bank. The house is occupied. How do I get the people in there out?
1 Answer | Asked in Foreclosure for Alabama on Jul 21, 2015
Answered on Jul 30, 2015
Mr. James Parrish Coleman III's answer
You would bring an action in ejectment and have them ejected from the property. Of note here is that when a person's house is foreclosed on, they have a limited time to vacate the premises and, if they fail to do so, then they lose their right to redeem the foreclosure by paying what they owe within the statutory period of one year. If you are located in Mobile or Baldwin County, please feel free to contact me if you would like assistance in this matter.
Q: A mortgage lender changed the locks on a property that I am half owner of,Does this prevent both owners from entering?
1 Answer | Asked in Foreclosure for New Jersey on Dec 10, 2012
Answered on Jul 26, 2015
Leonard R. Boyer's answer
Under NJ law, this is deemed to be an abandoned property. Unless you obtain a locksmith to put different locks on the doors, you are locked out. There is no real reason for you to be in the property at this point. Don't look for problems, or you may find a lot more problems that you want.
Q: What can happen if someone claims mortgage payments as an expense but doesn't pay since home is in foreclosure
1 Answer | Asked in Foreclosure for New Jersey on Sep 27, 2011
Answered on Jul 25, 2015
Leonard R. Boyer's answer
It is considered fraud.
Q: How am I financial tied/effected by my fiancée's foreclosure issue once we are married? Credit, legal, etc
1 Answer | Asked in Foreclosure for New Jersey on Oct 22, 2014
Answered on Jul 25, 2015
Leonard R. Boyer's answer
Your fiancee needs to obtain experienced mortgage foreclosure defense counsel, who is also experienced in Bankruptcy. Short sales frequently do not work out. Good luck.
Q: Is it too late to do anything if A foreclosure final judgement summary is filed for Oct 23rd. in Florida.
1 Answer | Asked in Foreclosure for New Jersey on Oct 20, 2014
Answered on Jul 25, 2015
Leonard R. Boyer's answer
You need to ask this question in Florida. The laws in NJ & Florida are extremely different. Good luck.
Q: In new york can a second mortgage foreclose on you if you are still making payments on time on your first mortgage
1 Answer | Asked in Foreclosure for New Jersey on Oct 31, 2012
Answered on Jul 24, 2015
Leonard R. Boyer's answer
They are two completely separate legal obligations. The answer is yes!
Q: What questions do i need to ask the trustee, in reference to his right to foreclose on my home
1 Answer | Asked in Foreclosure for New Jersey on Feb 21, 2013
Answered on Jul 24, 2015
Leonard R. Boyer's answer
What trustee are you speaking about?
Q: Does Nj have a statute of limitations for foreclosure proceedings-its been over 7 years since filing of Lis pendens
1 Answer | Asked in Foreclosure for New Jersey on Jan 6, 2015
Answered on Jul 24, 2015
Leonard R. Boyer's answer
The statue of limitations is 6 years from the date of default. You need to retain an experienced mortgage foreclosure defense attorney. Good luck.
Q: New Jersey statute of limitations on foreclosures
1 Answer | Asked in Foreclosure for New Jersey on Apr 2, 2015
Answered on Jul 24, 2015
Leonard R. Boyer's answer
The statue of limitations is 6 years from the date of default. There is no statue of limitations defense based on the facts that you stated. You need to retain an attorney who has expertise in both mortgage foreclosure defense and bankruptcy. Good luck.
Q: What happens to my Foreclosure case which was filed since 2008, now that the fund (Residential Funding Co. bankruptcy
1 Answer | Asked in Foreclosure for New Jersey on Feb 27, 2013
Answered on Jul 24, 2015
Leonard R. Boyer's answer
Please rephrase your question, it is too vague to answer.
Q: Separated but not divorced, spouse going into foreclosure, I am on deed but not mortgage. What is my liability?
1 Answer | Asked in Foreclosure for New Jersey on Feb 26, 2015
Answered on Jul 23, 2015
Leonard R. Boyer's answer
When the Lender files a foreclosure complaint, you will be named in the complaint, so that will show up on your credit report. NJ law controls, and the house is a martial obligation. You need to retain an experienced NJ attorney that has experience in both mortgage foreclosure defense and divorce. Good luck