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... Read more »
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.
Between husband being off due to infection in hand and when he went back to work a pay cut and my hours cut we are behind on our home and now an attorney has sent us a letter about taking house
An Illinois attorney could advise best, but your post remains open for five weeks. You could try running some searches under "legal aid attorneys" and similar and related terms. Also try searching for "pro bono legal services." Look into whether the Illinois State Bar... Read more »
Land Contracts are Leases with an Option To Purchase. You as a renter own nothing except temporary possession and a possible option to purchase. With no Deed ownership you are subject to a Unlawful Detainer Action at any time. It usually happens just before you are supposed to buy the... Read more »
Are those agencies reputable? I'm her only surviving family member, both our parents are deceased. I find nothing noted in our County's surplus listings, nor state listings. How can I verify if there is actual funds? And, do I need to go through the agency who contacted me, or an attorney?
This is most likely a scam. If there were surplus funds from any source (even a utility deposit) they would, in good time, be deposited with the state comptroller. They could not be accessed until then.
A brother who has recently passed was staying on property. There is a foreclosure on property due to neglect of paying a county property tax debt. What if any is the easiest way to obtain legal rights to pay off tax debt? And be the executor of property. Thank you.
Probate is the legal process whereby a court oversees the distribution of assets left by a deceased person. Assets are anything a person owns with value, such as real property (home and land).
A probate is needed to clear title to land or a home that was held in the name of the deceased... Read more »
I borrowed 48,000 16 yrs ago the 1st 6 yrs was 11.25% after modification it was still 8.9 alabama max is 8. I still owe 41,000 and I've already pd approx 83,000 and they still want to forclose what are my options?
Plead the usury and fraud in the foreclosure action against you as affirmative defenses and file a counterclaim for overpayment.
I dont understand this the more I send to clear title on mortgage loan the boa sends to clerks to submit against me and there adding to what is already documented! Bexar County Clerks are allowing add ons and extension, refinance documents to be added to records already there. How is this happening... Read more »
It appears that you need a competent Texas attorney to conduct a title search. Then with your belated Release, he should be able to discern how to properly clear your Title. The Release probably only affects some of your recorded instruments, and you may need more Releases.
The loan is almost paid off and I want to continue living there as I have for my entire life. It’s our family home. It’s an owner occupied rental property w 4 units. Because of a fire and Covid-19 I have fallen behind on the loan payment and she wants it to go to foreclosure in a month rather... Read more »
A quit claim deed from her is likely the best option but before you decide what to do you’d be well advised to consult with a local licensed attorney to insure that you don’t End up with larger issues.
If she quit claims it she will have no obligations to answer your specific question... Read more »
After an OSC, the court ordered the sale of a residence in October. The homestead granted was $75K. If a BK is filed in December and later dismissed in January/February, does the Judgment Creditor need to file a new OSC in order to get another court order - or is the original OSC restated? The... Read more »
the an order is already entered, no further order is necessary. the bankruptcy will only delay but not prevent the sale. You have to take the appropriate action in state court to reverse such an order.
Also the mortgage is not in default since I am the primary payer. I’m asking about his credit card creditors and if they can come after the house.
Only in theory could they get a judgment and levy upon the house; their judgments would be junior to the mortgage
.
Can his creditors come after me or the house?
It depends on who signed the mortgage note. If you both signed it, the mortgagee can come after either of you if the note isn't paid according to its terms. So if he dies AND the note isn't paid, the mortgagee could foreclose and seek a deficiency judgment against you. But in general,... Read more »
I’m in the business of locating people who are owed these funds. I track them down and inform them of the funds, and offer to connect them with an attorney that will help them recover the money once confirmed.
Usually the mortgagor makes a phone and written claim for the foreclosure surplus funds. If the the mortgagee will not pay, then you have to file suit for conversion, etc. I am not sure of what service you would provide to anyone or how you would get paid.
I had a case in the court, but the person litigated in another court, and was awarded his request. I filed an appeal. Then had a TI schedule, in the TI one attorney post fraud. I filed for bankruptcy, the Judge in the BK ruptcy court heard the case and overturned the lower court finding. As it was... Read more »
Sorry, this is a complex fact situation which appears to involve at least 3 different matters. No helpful comments can be made without reviewing the status of the underlying cases. If there is currently a Motion for Summary Judgment filed against you in the Counterclaim, you need to make sure... Read more »
In order to receive Letters of Administration, you must first open a Probate Estate. I'm assuming that the decedent did not have a will, so you will be opening an intestate estate. You will need to provide an Affidavit of Heirship, an Oath and Bond, a Petition to Probate the Intestate Estate... Read more »
My uncle ended up racking up $27,000 worth of back taxes and so the bank foreclosed on the home and was no will accordingmy cousin whose father has passed away revieved a part of the money that was left after the taxes were paid and the rest was split between my father,uncle and cousin (whos father... Read more »
If your father sexually "molested" you as a child, you may be able to sue him for for sexual assault. This depends on how old you were when the molestation occurred and how old you are now. There are civil statutes of limitation on suits of this nature which may prevent your suing him for... Read more »
Soon to be ex left with kids to AZ. She left me with a house in California we cannot afford. I need it gone before foreclosure. How can I get her to make the payments for a few months? She lives with her parents and teaches. She REFUSES to sign realtor contract just to be mean. I feel helpless.... Read more »
As long as there is no legal action pending (i.e. a divorce) and as long as you are not represented by counsel, you are helpless. The first step towards getting control over the situation is getting court orders. Start by filing a petition for dissolution.
Two years ago, our house for foreclosed but it was within 8 months or so and auctioned off, before that they increased our mortgage payment by nearly $700 and from the initial payment agreed on. This put our family in great financial distress, eventually they auctioned off to a price, less than... Read more »
From what you stated, there is no basis for you to file a lawsuit against the lender. In addition, if you file a frivolous lawsuit in NJ, you can be held liable to the other party for legal fees and expenses.
We recently discovered that a mobile home sits on the back corner of our property we found out the owner died owing a mortgage her family informed me that they knew it was on my property due to the survey being done incorrectly but never informed us of the error can the mortgage company be held... Read more »
There is too much missing information to answer your question. You should schedule a personal consultation with an attorney to review the entire situation.
For example, a mobile home is generally considered personal property. In that case, there is nothing to prevent a lender from taking... Read more »
My soon to be ex left me with the house in California. I cannot afford it and she won’t sell. Cannot afford to get atty involved as there is no gain. Should I just go through foreclosure?
Is a divorce pending? Will you be entering into some type of property division agreement? If so, and she releases her interest in the property, you may want to consider selling the property. If there is no equity in the property (is that what you mean by "there is no gain"?) - a short... Read more »
If your ex does not want to cooperate, there will be a long and VERY EXPENSIVE court proceeding called a Partition, where the Court can order the house to be sold, and proceeds divided. You need to contact her and explain that any cost for this is going to come out of the sale proceeds and is... Read more »
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