answered on Jun 27, 2022
In Pennsylvania when you buy a foreclosure property and either the former owner or the former owner's tenant has possession of the property you have to file an "Action in Ejectment". This is filed in the Court of Common Pleas unlike a regular Landlord Tenant case which is filed with... Read more »
The counsel who filed the complaint, is different from the counsel seeking to enforce the judgment. The plaintiff has been out of business for years, and the counsel has many complaints by defendants, for fraudulently claiming proper service to said defendants. I am unsure what recourse I have... Read more »
answered on Jun 24, 2022
1. Different counsel? Not relevant. Happens all the time.
2. Plaintiff out of business? Irrelevant, if lawyer represents Plaintiff. Winding up corporation is collecting debts.
3. Recourse? Make motion in court that entered judgment to vacate on improper service.
4.... Read more »
My house - supposedly worth around $900,000, will not sell. I have tried for 5 years and am still trying. We stopped paying the mortgage in 2019. i believe they will start the foreclosure soon. We also have $46,000 credit card debt that my husband stopped paying August 2019 in Ct so they have until... Read more »
answered on Jun 20, 2022
As it appears you are both eligible for Ch. 7, and desire to do so, make an appointment with a CT bankruptcy lawyer who will answer all your questions.
There is a specific tax code provision pertaining to bankrupts, saying basically if you emerge from bankruptcy without significant assets,... Read more »
I was added to deed 2003 per the conversation at the closing then the mortgage went to BOA because Ditech went out of business they went bankrupt, but the original note and mortgage was never paid off it was just a mortgage assigned and it in the deed followed, for some reason in the bankruptcy... Read more »
answered on Jun 16, 2022
You have a lot of issues in your inquiry. Without seeing the docket and gathering more information it is not possible to give you an answer. You should contact an experienced foreclosure defense attorney to go over your legal rights.
I called chapter 13 trustee they told me to contact my bankruptcy lawyer or bankruptcy court no one is doing anything, what do I do
answered on Jun 16, 2022
Contact your bankruptcy lawyer snd the court to make them aware of the 40k in fees.
My father-in-law has recently started showing signs of dementia, and the family is in the process of having him diagnosed. Apparently, his cognitive deficit has been going on much longer than we suspected. His homeowner's insurance policy lapsed, and the lender foreclosed and sold the home. No... Read more »
answered on Jun 8, 2022
This happens alot and dementia is not a defense to a Trustee's Sale. Hire a competent attorney to search the Title and see if there was a Surplus. Setting aside the Sale for even irregularities is probably moot; it needs to be enjoined prior to the Sale.
answered on May 29, 2022
There is a statute of limitation, but the more difficult question to answer is generally when does default occur. The statute of limitation in general for a contract "under seal" is ten years, and for a contract not under seal is 3 years. Some loan agreements leave it completely up to the... Read more »
My brother and I have in Miami, a common property where I have always lived. In 2013 my brother transferred the property to me. In 2020, my brother learned that the value of the property had increased significantly and that I had lost the quit claim deed without having registered it. So, he sued... Read more »
answered on May 21, 2022
Your deed is valid as between your brother and you. However, it is void as to other third parties because it was not recorded, and they do not have notice of it. However, you may still be able to record it to put them on notice prior to closing. Obviously, you should consult an attorney to deal... Read more »
From Jan 2020 to Feb6 2022 we consistently contacted the mortgage servicer to get help to save our home. We applied over and over for a forbearance, loan modification, deferment, asked for payment plans, you name it we tried it more than once and were denied everytime. We waited months for the... Read more »
answered on May 21, 2022
There are some facts missing from your description. Were foreclosure notices posted on the door and/or received in the mail? Did you attend the hearings and let the Clerk know you had an HAF application pending? Typically, the Clerk will grant an continuance of a foreclosure hearing if he/she knew... Read more »
They say he is will be responsible if the house defaults. Quicken loans states he is not and I don’t need to refinance. His attorney is forcing me to refinance or sell. I can’t refinance right now. I don’t want to sell my home. I don’t think quicken loans will do a mortgage modification... Read more »
answered on May 19, 2022
If he is not on the note he is not liable for the debt but he would be named in a foreclosure action in order to clear the title. It appears he may be on the deed from your statement. If he is then you need to hire a lawyer of your own to see what your options are regarding this matter.
The mortgagor had leased its limited rights of lease to obtain loan. The possession later on passed to the mortgagee due to default of mortgagor. The owner had sold the property during the term of the mortgage. Now, on redeeming mortgage, will the possession go to the mortgagor (who has no... Read more »
answered on May 17, 2022
It sounds like the mortgage has already been foreclosed upon which merges the title into the purchaser at the sale. Sorry but I do not know what "redeeming a mortgage" is. The mortgagor may have had some type of redemption right, but they are usually waived in the mortgage.... Read more »
What is time limit for proceedings? We haven’t been allowed to make loan payment all those years bc proceedings were going on and mortgage company changed during this time.
answered on May 16, 2022
Before Covid, a case the Court would have struck this old. You need to check with the Clerk of Court to see if the case is still active. If you bring it to the attention of the Clerk of Court, the case may get struck.
If the case is struck, that does not mean that the issue is over. The... Read more »
I want to claim leftover proceeds from 2017 tax auction. I owed $1,500 selling price was $29,000
answered on May 16, 2022
I'm not sure you have a claim after so much time has passed, or if it would be financially worth it for you to pursue. Generally, when houses are foreclosed and auctioned, the taxes get paid and the bank or mortgage company get what they get. Sometimes they win big; sometimes not.
I bought a home unknowingly there was an open permit pending that the contractor didn't close with the county. Now the County is requesting I close the permit and contractor doesn't have proof of them closing it out. I am unable to schedule inspections due to contractor unable to submit... Read more »
answered on May 13, 2022
You will likely need a code inspection to make sure the work was code compliant.
A building contractor that I individually contracted with put a mechanics' lien on the house where he performed work in Portland and is foreclosing. My son and DiL are the title owners of record, live in CA, and had no knowledge. I have no legal interest and acted as an implied agent, so... Read more »
answered on May 13, 2022
Everyone named in this action should hire their own attorneys to assist on this matter since everyone has their own interests in it. In order to have someone removed as a party, the proper motions need to be filed and granted - it's not as simple as just removing them.
You can find... Read more »
Will I be mandated to sign the rental pool agreement ? What if I rejected to sign the rental pool agreement and I want to live in the property since I already have ownership by paying the assessment fee as per their association rules. I would like to know my options.
answered on May 12, 2022
there are not enough facts in your post to answer your question and you need a lawyer to review the association documents to provide you with a proper answer. If you are going to buy or sell real estate you need a lawyer to review these before you make a decision you might be stuck with. The fact... Read more »
answered on May 12, 2022
Probably not. Every Declaration for a condominium hotel I have ever read specifically prohibits using it as a residential unit. Some allow you to use it short-term for vacation purposes and some do not allow owners to occupy them at all. You should hire a lawyer to review any real estate you are... Read more »
answered on May 6, 2022
If there is no will, the laws of intestacy would provide who inherits the property. Whoever inherits the property, perhaps you or another relative, needs to consult with an attorney who practices probate.
answered on May 4, 2022
This is quite a broad question to answer. If you have specifics, it would be easier to identify if the loan may be void or voidable.
There are several ways to challenge the validity of a loan. If there are missing terms, such as the number of years to pay or the interest rate the lender... Read more »
The property was purchased on the greenbelt in the 90’s, last year while cutting timber on said property, police showed up and told me I need to stop cutting because I didn’t own the property. Apparently 7 years ago the property was taken off of the greenbelt clause making me delinquent on the... Read more »
answered on May 2, 2022
There is a lot more to this than simply getting notice of Delinquent Taxes. Hire a competent attorney to search the Title. The Redemption period is probably past, but the alleged owner may only have a Bill of Sale, not a Deed. An Ejectment Action may be possible. The legal description should... Read more »
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