Jane Kim
answered on Jan 25, 2023

When someone purchases a home, there are two legal remedies available to the banks for non-payment. One is foreclosure and taking possession of the home. Two, is a breach of note remedy or collection on the deficiency judgment.

Here, it sounds like you purchased and took possession of the... Read more »

There is a court order that required your ex-husband to pay for the mortgage for the marital home until the date of its sale. Ex-husband failed to pay the mortgage and ..... you did not take him back to court immediately to address his noncompliance and ... each time that a buyer has expressed an... Read more »

The real estate agent and their broker may be responsible for writing a legal document as non -attorneys. With regards to your land contract being called due, lenders and banks usually have provisions in their mortgage that call a note due upon the conveyance of title. The issue is whether or not,... Read more »

I don't see a question here. From your description, you do not own the house, the payments have not been made, and the lender is foreclosing. Which they have a right to.

Joshua D. Brysk
answered on Jan 19, 2023

I assume the loan only had his name and was made prior to the bankruptcy. We would need to know how it was treated in the bankruptcy--even with a discharge, he may have re-affirmed the debt making his estate liable. Regardless, your title is subject to the lien--liens are not automatically... Read more »

You need to be in contact with your own attorney pronto. Whether it's necessary or insane isn't the question; is it legal? People lose houses for unpaid water bills and taxes that equate to a fraction of the home value. Likely, one of the remedies available for breach of contract for... Read more »

This is a question for real estate and zoning attorneys. Good luck.

I'll refer you to the table of consanguinity.

https://heirsearch.com/wp-content/uploads/2019/06/consanguinity_chart_web.pdf

You did not ask a question that can be effectively answered on this Q&A page. The attorneys on this page who answer user questions about foreclosure will all likely practice in this area. If you are searching for an attorney, you should be able to identify one here or perhaps through a Google... Read more »

In Texas, the common practice is to use a deed of trust to secure a mortgage loan. The deed of trust must be sign by the homeowner which, in this case, is you.

If you did not sign the deed of trust and someone forged your signature, you should file a declaratory judgment action asking the... Read more »

Your bankruptcy lawyer can answer that more accurately than someone on a Q&A site like this. The re-filer needs to ask to have the stay reimposed, but the new filer doesn't. How the court handles it will to a large extent depend on the district you are in and who is your judge.

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There is no such notice. From the time a foreclosure complaint is filed, you have 30 days to file a Contesting Answer, Affirmative Defenses, and Counterclaims. Trying to represent yourself is a dangerous game. You are emotionally involved and you are not a trained mortgage foreclosure defense and... Read more »

If you are named on the deed, you have a legal interest in the home that the bankruptcy stay will protect.

Even if you are not named on the deed, the fact that you live in the house (assuming you do), then you have at least a possessory interest in the home that is also protected by the... Read more »

It appears that you need to examine your agreement with the so called "legal firm", which I am assuming is in writing. Most likely they are supposed to take the money out of trust and pay off the mortgage debt, after subtracting their fees. There may not be enough to payoff the... Read more »

First and foremost, I am very sorry for your loss.

As for the house, even though your parents did not have wills, you can start a probate action to be appointed the personal representative of each of their estates. As personal representative, you will have authority to offer their home for... Read more »

If the state court issued a judgment of foreclosure, even if you believe that the note and mortgage were somehow void, your remedy would be to challenge that judgment in that court with a motion to reargue or an appeal to the higher state court. If you try to collaterally attack it in a bankruptcy... Read more »

You did not ask a question. If you are unhappy with the progress of your case, that is understandable given the situation you described. But other than the fact of several adjournments and a summary judgment ruling against you, you have not presented any facts which an attorney can analyze. Just... Read more »

She won't necessarily lose the home, but it depends. If she has equity, if she's been up to date on paying her mortgage etc. Your relative would need to speak to bankruptcy counsel re the specifics of her situation.

Re you taking over, that is something you would need to request... Read more »

Yes. You can file your own response to the trustee but you are pretty much protected either way.

If the creditor had a properly filed mortgage and money was still owed, the creditor can file a foreclosure action. If the foreclosure does not net enough to satisfy the amount owed, no deficiency can be claimed by the creditor.

Be sure to have a lawyer look at the mortgage and the... Read more »