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1 Answer | Asked in Foreclosure, Real Estate Law and Public Benefits for Texas on
Q: How do I get percentage commission without getting a realtor for the sale of a friend's home that I sold .

I did a friend a favor and I got a buyer for her home on a mortgage short sale.

Mortgage company guidelines state she needs a realtor to sell her home.

I am not a realtor or licensed .

Yet how do I go about it to get that 6% commission from mortgage company?

What... Read more »

Gregory Byrnes
Gregory Byrnes answered on Apr 29, 2020

I don't practice Texas law, however, you probably can't get a commission legally because you need to be licensed either as a real estate agent or broker. You could look into whether it is permissible to receive a finders fee in Texas: https://legalbeagle.com/8579336-texas-finders-fee-laws.html

2 Answers | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for New Jersey on
Q: Good evening I trust you and your's are all well please advise to where I can Foreclosure Case Law for Oral Arguments

Im looking for Specific information on Chase Bank & Select Portfolio Servicers that pertains to Wrongful Foreclosure Practices

Derek John Soltis
Derek John Soltis answered on Apr 27, 2020

If you are in GA, you need to talk to a GA attorney about current case law. Most info you find online is out of date and not current case law.

If you think you can win without an attorney, you sound like someone that thinks they can perform their own appendectomy without a doctor....
Read more »

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1 Answer | Asked in Foreclosure and Agricultural Law for North Carolina on
Q: For Closure?

There is a house in North Carolina, the homeowners have not paid all of their taxes for the past 3 years. The neighbors told me the house was in foreclosure but the courthouse did not have it registered. I have wanted this house for awhile I see a lot of potential in it. Any help? Can I buy it?... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 26, 2020

It would be difficult for an attorney here to answer your questions based on this limited information. If you contacted a real estate attorney in North Carolina, they might be able to assess the situation in detail and advise in a meaningful manner.

Tim Akpinar

1 Answer | Asked in Contracts, Criminal Law and Foreclosure for Georgia on
Q: I posted bond for some one, can I get that back?

How a would go about getting my bond money back?

Lance O. Mixon
Lance O. Mixon answered on Apr 25, 2020

Multiple issues control this. First, is the case over yet. If so, then yes.

In still pending, on misdemeanor cases, after 12 months, you can ask the court to release you as surety.

1 Answer | Asked in Foreclosure for Florida on
Q: I am a pro se litigant filing foreclosure. How and where in the forms I file can I request a fast track foreclosure?

I also want to request a minimum creditors bid, where would it be appropriate to ask for this? I am filing a summons, complaint, lis pendens, and standing order. Thanks for your help!!

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 18, 2020

If you think you want to do this yourself, be aware that foreclosure is complicated; and since prevailing party attorney fees are normally awarded, it would be best to at least search for an attorney to do it for you. If you insist on doing it yourself, I suggest that you look at other foreclosure... Read more »

1 Answer | Asked in Foreclosure for New Jersey on
Q: Can my daughter buy my foreclosed home in New Jersey that now is bank owned
Leonard R. Boyer
Leonard R. Boyer answered on Apr 18, 2020

The property will be sold at sheriff sale, when it is scheduled for sale. There is no way of knowing who will be able to purchase the property, but what you also need to know is that you really need to file a Chapter 7 Bankruptcy to eliminate this debt and others. Right now with state of the art... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: im looking for a lawyer who has experience in working in the mortgage overage arena. can someone assist me.
Troy J Doucet Esq.
Troy J Doucet Esq. answered on Apr 17, 2020

Please contact Doucet Gerling at (614) 221-9800.

2 Answers | Asked in Foreclosure for Florida on
Q: A debt collection lawyer is trying to take me to court about my dead grandpas mortgage. what do I do?

My grandpa died over a year ago and the mortgage company was informed of his passing and that no one had a desire for this property. A debt collection lawyer has sent me a paper in regards to the mortgage debt trying to claim me to it and this property is in ohio where he lived and I live in... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 16, 2020

You should ask in Justia > Ask a Lawyer > Ohio, but if Ohio mortgage law is anything like most places, simply ignore the paper you received; the mortgage company can't get a personal judgment against you, the best it can hope for is a judgment giving them the right to sell the property.

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3 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: Question below

My sons grandfather passed in 2015 and left his home to my son in his will. We've been living here since before he passed with him and continued to live here after. Two guys came walking into my house through the front door last week with the keys to the lock claiming they bought it in a sheriff... Read more »

Mark Scoblionko
Mark Scoblionko answered on Apr 14, 2020

I agree that you need a “professional opinion,” which means that you should engage a lawyer to look into the situation and give you advice.

From your brief description, it sounds like there may have been a mortgage against the property, unpaid taxes or a judgment that was not paid, any...
Read more »

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1 Answer | Asked in Foreclosure for New Jersey on
Q: Mortgage company sent letter approving modification foreclosure needs to be formally discharged do I need lawyer

Do I need a lawyer if my mortgage company accepted the terms for a loan modification but they foreclosure has yet to be formally discharged

Leonard R. Boyer
Leonard R. Boyer answered on Apr 13, 2020

Yes you should retain counsel to examine everything. Mortgage companies typically do a trial modification prior to granting a permanent modification. So retaining an experienced mortgage foreclosure defense attorney to review everything and make certain that this matter is resolved properly is an... Read more »

2 Answers | Asked in Foreclosure, Real Estate Law and Small Claims for New York on
Q: Ex-partner and myself is on mortgage; how do I go about removing my name?

We separated two years ago, and part of our agreement was for me to move out, and she'll retain the home, as long as she can maintain the monthly payments. At the time of agreement, I didn't have the resources to do things the RIGHT way and wanted the path of least resistance to just take my loss... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 7, 2020

What you have not confirmed is whether you are on title as well as the loan. If on title, bring a partition action to sell the property by court order, and in turn, pay off the loan. That may also force her to refinance. If there is no equity in the property, there is little you can do, but let... Read more »

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1 Answer | Asked in Foreclosure for Arizona on
Q: Does Idaho have a hold on evictions
Diane L. Drain
Diane L. Drain answered on Apr 3, 2020

You are posting this in Arizona. Try reposting so Idaho attorneys can see it.

2 Answers | Asked in Consumer Law, Foreclosure and Real Estate Law for California on
Q: How to pay mortgage if the payment is denied.

PHH mortgage returned my reinstatement payment even though it was made on time. I followed their direction and got in touch with the attorney they had to handle a foreclosure. The Letter from the attorney had a precise and clear instructions that i followed every steps of the way. I wire-transfer... Read more »

John T. Kontrabecki
John T. Kontrabecki answered on Apr 3, 2020

The good news is, because of the pandemic, the court system is shut down and it is unlikely a foreclosure will occur in the immediate future. However, this does not solve your problem. I suggest you write the attorney who has been handling this matter and explain the situation clearly as you have... Read more »

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1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: What is considered a First Mortgage in the State of Fl?

What is considered a First Mortgage in the State of Fl?

Is it based by date or satisfaction?

The property in question has 4 Mortgage notes in total ranging from 2001 when the home was purchased to 2005.

The first two mortgages on the property in 01 and 03 both have... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Mar 31, 2020

Mortgages are in the priority of time. So a first mortgage would be first in time. If you have satisfied the original first or second in time mortgage(s) they are are no longer liens on your home and are no longer mortgages. So the next mortgage you put on your home would be considered at this... Read more »

4 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for New Jersey on
Q: My grandmother co-signed a house in NJ now it's in foreclosure. She is 84 lives in FL only social security. Advise?

The main signer filed chapter 13 last year. He fell behind now bankruptcy case is voided. He will get wages garnished. My concern is to protect my grandmother. With her living in florida I'm not sure where to start .

Karra Kingston
Karra Kingston answered on Mar 31, 2020

I’m not really sure if your grandmother is trying to save her one or not. I would need more information I would suggest contacting a Bankruptcy lawyer in Florida where your grandmother lives.

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1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for Colorado on
Q: How much in average does it cost to draft up a two part buyer and assignment contract
James Alan Greer
James Alan Greer answered on Mar 25, 2020

Contract Request: if I understand your question, you need a Purchase Contract (?) for real estate (?) with two buyers, and then a subsequent assignment of that contract (?). We offer Fixed Fee for transactional work of this nature. It would be less than $1000.00. But I'd really need to get a full... Read more »

1 Answer | Asked in Foreclosure for Michigan on
Q: Why would our servicer close our foreclosure with their attorneys?

We are facing foreclosure, so we applied for a modification & our servicer put the proceedings on hold with their attorneys while a a decision is made. Saturday, my online account showed there was a decision made, but the mod Dept says there hasn't been any decision. I contacted the attorney firm... Read more »

David Soble
David Soble answered on Mar 23, 2020

With the current pandemic, if your loan is an FHA or FNMA loan, there is an adjournment of foreclosures for 60 days right now. If the virus still lingers, then I speculate that further mortgage foreclosure relief will be coming. Nothing can happen in the foreclosure process and the lender will... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for New York on
Q: Sale of note, then sale of collateral, then forgiveness of debt confusion.

When a mortgage and note (one document, titled NOTE AND MORTGAGE) is sold, the creditor/lender/noteholder/mortgagee changes, but the debtor/borrower/mortgagor stays the same.

If the debtor/borrower/mortgagor then sells the mortgaged property (the deed to his house), subject to the... Read more »

Elaine Shay
Elaine Shay answered on Mar 19, 2020

When a lender assigns a note and mortgage, the debt remains with the borrower even if the property is sold subject to the mortgage.

2 Answers | Asked in Bankruptcy and Foreclosure for Oregon on
Q: If someone files bankruptcy to stop home foreclosure but passes away before it's final, what happens to the home?

Also, if the bank will take the house for what's owed to them, can the surviving family take over the debt so that they can keep the house?

Joanne Reisman
Joanne Reisman answered on Mar 17, 2020

The bankruptcy ends when the person who filed dies. The house not having been foreclosed now belongs to who ever inherits the deceased owner's interest in the house subject to other claims by the deceased owners creditors which may or may not require a probate to sort out. Any foreclosure... Read more »

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2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Tennessee on
Q: Foreclosure auction trying to buy from daughter of deceased 5 years, but not sure if can get clear title?

I'm trying to buy a home in foreclosure from daughter(executor)from Will of a deceased 5 years prior. The deed and mortgage is still in the mothers name. They have a Will that states the daughter is executor and is authorized to sell real estate of her estate without an Order of the Probate... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 15, 2020

You are right to be scared. Do not do this without the assistance of an attorney. In addition, do not do this without the assurance of title insurance. An attorney or a title insurance company can tell you what steps will be required in order for you to obtain clear title in your particular case.

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