Foreclosures Legal Questions

In order for a lender to "go to foreclosure" there is a presumption that lender completed the foreclosure. If so, then the house sold. It may have gone back to the lender or to a third party. Call the trustee who conducted the trustee's sale in order to determine the current status. I hope this was helpful.... Read Answer

You need to make application to the court in your county to receive the surplus funds. You also have a right of redemption, which means you have the chance to get your house back within a certain period of time. You will want to contact an attorney for assistance with at least the redemption.... Read Answer

It depends upon what has already occurred. The fact pattern that you have presented isn't entirely consistent. If the home is subject to foreclosure of one or your loans, then it is quite possible the current people living in the house may be evicted. If the house is no longer subject to foreclosure from either of your mortgages, then they will probably be okay unless the current owner of the home has not had time to evict.... Read Answer

This is the problem with piecemealing a case with legal representation. You say you paid her $600.00 to attend a hearing. She did and told you the results. NOW you are expecting her to help you prepare the responses, which you did not pay her to do, hence the consent to withdraw request. To help you a bit, you will NEVER get value out of hiring lawyers to "attend a hearing" any more than doing your own surgery and hiring a doctor todo the stitches. This is clearly either a funding issue, where youc an't pay the lawyer the legal fees as they accrue or as agreed, or some minsunderstanding about the scope of the retention, where lawyer thinks what you said, she was hired simply to attend a hearing and thats all you paid for. If you have further questions, feel free to call out offices at 1-800-922-6442 for a FREE consultation.   In response to your "witty retort" below, its the same reason they allow ignorant people such as yourself to post questions and get pissy because they don't get the answers they like or because they cannot coherently form a proper question with accurate facts. Your right, I could not possibly know the actual facts in your case, so I am forced to deal with the ones you provide. YOU were the one that stated your hired her to attend a single hearing and paid a whopping $600.00 for her services (which typically is about 2-3 hours of lawyer time) which is about right to prepare for an attend a single hearing. YOU are the one that indicated you are handling the case pro-se and its equally clear you are nickel and diming the legal expenses. My comments were right on point. If you don't like them, ignore them, keep in mind you got what you paid for, and keep your witty comments and pissy attitude to yourself. I am not the one foreclosing on your house, and if you are too ignorant and dogmatic in your anger towards lawyers to recognize that I was actually trying to help you......well......karma and all that.... Read Answer

You can file any motion you like. Whether a stay is granted will depend on who and how you ask for it and what you seek to stay. For example, if you seek to stay a money judgment collection, you may also be forced to deposit the funds in the court registry or post a bond. If you have further questions, feel free to call out offices at 1-800-922-6442 for a FREE consultation.... Read Answer

If you are aware of a lawsuit that could affect your living situation, you would be wise to hire a lawyer or really get a handle on the process to protect yourself. Relying on someone else to tell you don't worry about it, is rarely a good idea. You may find this interesting www.pro-sepower.com.... Read Answer

Without seeing it, it is hard to say, but likely it means that the bank bought the property at the foreclosure sale (probably because there wasn't a bidder willing to pay the entire amount of the judgment for the property).  If that's the case, then the letter is probably a notice before they seek a Writ of Possession (which does come from the Court).  Take that seriously because once the Writ is issued, the sheriff will post it and you'll have 24hours before you'll be forced out of the property.  If you need more than 7 days to move out, you may be able to negotiate a few more days with the bank - but, unfortunately, there's no guarantees.... Read Answer

As an aside, I am in the process of establishing a series of seminars focused on teaching pro-se litigants some of the basics of litigating cases, ranging from small claims cases on up. If you would be so kind as to give my office a call at 1-800-922-6442, I would like to your opinion about my project since it would be oriented at people such as yourself.... Read Answer

I'm assuming from your description this is a defense of a residential foreclosure.  In such case, is it necessary that you attend the hearing on your attorney's Motion to Withdraw?  No, it will go forward without you.  And you should receive a copy of the Order.  If you have some legitimate argument why your attorney should remain on your case, you may attend and make that argument, but in my experience these are routinely granted.  Usually, you'll be given 20-30 days to find a new attorney.  And let me give a word of caution - your trial modification can easily drop off (generally because of an issue on the bank's side) and you'll find your Court case steaming forward to a judgment.  If you like your attorney and it is just a matter of the fee, you might see if there's something you can work out at least until the modification is permanent or the case is dismissed.  Again, this is just a caution from my experience seeing these trial mod situations where a court case is also pending.  That said, to answer your questions specifically, the hearing to withdraw will move forward without you (as long as you've received notice of it), but make sure to obtain the order so you know exactly how long you have should you want to obtain new counsel.... Read Answer

First, you are not capable of handling such a matter "pro-se" unless you have a significant amount of litigation training and experience. You simply need to retain a lawter immediately to addres such an issue. For example, the maner in which you characterize the endorsement will immediately cause some skepticism with the court in that there is a HUGE difference between forgery (which is done without your knowlege and is a fake signature) and one that is obtained fraudulently which would in fact be your actual signature obtained under false pretense. That you use both together is a red flag for a techinique used by pro-se litigants of alleging a bunch of inconsistent facts and then opting to "go with" which ever ones seem to work best with a pre-determined agenda, i.e. getting outof a mortgage debt. Making such a challenege is a VERY complciated and typically expensive endeavor, usually requireing expert testimony and factual evidence, unless some Perry Mason like confession occurs. If you have any further questions or concerns, you can always contact our office at 1-800-922-6442 for a FREE consultation to see if we can assist you further.... Read Answer

No idea what you are asking. If you bought a house at auction, and there are other liens on it, they are what they are and you have to deal with that.If you have any further questions or concerns, you can always contact our office at 1-800-922-6442 for a FREE consultation to see if we can assist you further.... Read Answer

If  your spouse owned the house prior to your marriage, and you never had an interest in the house, you should not be responsible for the debt unless you signed on a Mortgage or equity line of credit(second mortgage). You do not have a liability issues on the property from the facts of your question... Read Answer

This is a very interesting foreclosure and bankruptcy question. If you have to mortgages on a home, which is under water (or not) and you stopped paying on the second mortgage, the bank can still foreclose the house based on the second mortgage. Especially if the bank for your first and second mortgage is the same bank, they will most likely foreclose because they'll get the first mortgage paid and will claim a loss to the IRS on the second mortgage, which is essentially the same thing as the bank being paid. If you were to file either a chapter 7 bankruptcy or a chapter 13 bankruptcy, then you could file what is called a motion to avoid lean. Essentially what this does is take into account your Homestead exemption and the actual value of your home, and if the second mortgage or a lean were to compromise your Homestead exemption you could have that mortgage or lean removed within bankruptcy. This is essentially a mathematical equation, and if the math works you can simply remove the second mortgage. This is huge for most of my bankruptcy clients. When they come to may because they're having trouble paying their bills, I discharge their unsecured debts such as credit cards and medical bills and with a motion I stripped the second mortgage from the property so once bankruptcy is over the only mortgage my clients need to pay is their first mortgage, their second mortgage completely disappears. The second mortgage is even removed from the Registry of Deeds, so when you refinance you need not deal with the second mortgage at all or if you sell the home, the second mortgage does not need to be paid back. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://www.fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes... Read Answer