Foreclosures Legal Questions

Unfortunately the lien (deed of trust) on the home is still enforceable up to 10 years after the loan matures for a standard mortgage, and debts owed to the government are even longer. They have the right to foreclose, but they cannot force you to pay any deficiency if the sale is not enough to pay off the loan. Your best bet would probably be to apply for your own mortgage to pay off USDA. You could also consider filing Chapter 13 bankruptcy which could give you up to 5 years to either pay off the loan or sell the house. ... Read More

You will need to retain a lawyer in Lee County, Florida and start seeking sanctions and possibly sue for malicious prosecution/abuse of process. At least you might be able to show others that she was sued for her false statements and not that the injunctions were denied due to lack of jurisdiction, etc.... Read More

This is an interesting question. This will all depend on the details of the reverse mortgage contract. She will need to retain a real estate lawyer to review that document ASAP. Otherwise, its possible that there may be fines, penalties or assessments that cause a more expensive controversy. ... Read More

There is no practical remedy that will cost less than $60.00 to resolve this issue. Your best remedy is to pay the $60.00 "under protest" if you must and secure the satisfaction of the lien and presumably a clear title. You can then spend the money to sue for return of the $60.00 if its that important tofight over. ... Read More

While I am unsure if a foreclosure complaint has been filed, or you have merely received pre foreclosure notices, you have several options: defend any foreclosure complaint to avoid a default judgment pursue a loan modification which may result in the loan payments being reduced and the arrears being deferred or forgiven in whole or in part a chapter 13 bankruptcy which affords you up to 60 months to repay the arrears on a monthly basis. I trust this answers your questions but do not hesitate to call or email me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

You seem to have a misplaced view of your "entitlement" especially if you are in default and in foreclosure.  The lenders lawyer does not represent you nor are they required to "communicate" with you at your demand nor call you for "updates.". If there is an issue with regard to documents or such, this is why you hire laywers to handle the litigation and these issues need to be addressed with the judge. You need to find the means to retain a lawyer to address these issues ASAP. ... Read More

You qualify as a "successor in interest" and there are regulations which protect your interest in the house. Did you explain that your husband passed? Was the house titled in both names? If so, all you should have to give the mortgage company in order to get information is a copy of the existing deed to the house. If the house was titled only in his name, information about his estate will need to be provided to prove you inherited the house. You need to look for a local foreclosure attorney and perhaps a consumer bankruptcy attorney for assistance with the specifics. ... Read More

Your aunt will need to actually retain a lawyer to address this. This was badly handled from the start with a lack of due diligence in determining that there was a superior lien interest in the property. There should be no bar complaint filed unless it is clear there was some ethical breach by the lawyer, and since you claim they represent the superior interest, that might not be appropriate at all. ... Read More

This is impossible to answer withour reviewing your paperwork (equitable distribution order, separation agreement, divorce decree and quitclaim deed) and having a little more information. Was your name the only one on the mortgage loan? This is the most important piece of information you left out. Too many details to be reliably answered in an online forum. If you have a foreclosure hearing date you need to get some very specific legal advice from your own attorney who can also appear at the foreclosure hearing for you and request a continuance so that things can be worked out. ... Read More

Thank you for reaching out as doing so provides you the best opportunity to prevent the sale. There are several options, depending on the facts and circumstances. I trust this answers your initial questions, but do not hesitate to call or email me ASAP on a free initial basis.   Best Regards, Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

The seller would need to get the consent of the loan servicer to the sale and the servicer would ahve to agree to wait on pursuing the foreclosure further until after the sale is concluded. If there is a pending sale date, this may not be possible. You did not provide any specific information about how far along in the foreclosure process this is. You risk going to a closing without knowing that the servicer of the existing loan has agreed to the sale price, etc. The closing attorney may not be able to get a payoff figure if the seller never tells the lender about your offer to purchase and they just leave the lender completely out of the process. ... Read More

You need to initiate a "request for loss mitigation" by calling the mortgage company and requesting it. You will need to fill out an application and provide hardship information. You will be given a choice of solutions at the end of the application. Once of those is for a short sale and another for a deed in lieu of foreclosure. Submit the packet and all requested documentation ASAP. At the same time this is going on, locate a realtor with experience in short sales. There are very few short sales now because the value of real estate went way up since 2020. You may not have to do a short sale, a sale for market value may pay off the mortgage and the costs of sale plus get you some money to help you get a new place to live. In my experience, you only need an attorney if the process drags out a long time and an actual foreclosure action is filed against you. If you start the loss mitigation process before you get too far behind, no foreclosure case will be filed. If you are served with legal papers, contact an attorney. Keep very good notes of what you are told by the mortgage company - date and time of the call, who you spoke to and what they said for every call during the process. Keep a copy of your loss mitigation packet. Mail it in by certified mail and keep the tracking number. Keep all letters you receive from the mortgage company.... Read More

If a foreclosure complaint has been filed, the case can proceed until the loan has been reinstated.  Reinstatement involves obtaining a figure in writing from the lender and paying that total amount in full in the manner and by the deadline required in the letter. I trust this answers your question, but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

When credit is harmed from non payment, one effective solution is a bankruptcy.  A bankruptcy eliminates any personal obligation for a mortgage.  Following a discharge in bankruptcy, you will have a fresh start and may begin to rebuild your credit. There is no other way to force the mortgage company to release you of liability and they never will unless someone of means manages to assume the mortgage. I trust this answers your questions, but do not hesitate to call or email me on a free initial basis.  Best Regards, Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read More

As you did not state where the property lies, the suggestion is to contact that County's Bar Association. A local attorney familair with the Judge and the lender's attroney should be retained. If they are like the Will County Bar, a referral system is in place to allow you to speak with an attorney familiar with such cases. It may be that, by retaining an attorney early, another Modification Application can be sent  directly to the Lender [or Servicer] that will, hopefully, be sucessful and avoid any foreclosure being filed.      ... Read More

Sorry - but you have no legal right to stay in a property you don't own nor to demand that your mother support you as an adult. As you seem not to be a tenant- she does not have to "evict" you and you would be a fool to play games with law enforcement over trying to stay in someones house as an unwanted squatter. You need to find a shelter to go to and baiting an "eviciton" simply would  make sure that you are unrentable for the next 5+ years. ... Read More