Foreclosures Legal Questions

This depends on which state you live in and the laws of that state, as these vary significantly from state to state. If you are not able to catch up on your delinquent payments on your home mortgage in the time that is allowed by your state, not war a there are still options. If you were to file a chapter 13 bankruptcy you could stop all foreclosure proceedings and be given a three to five-year time period in order to repay your delinquent mortgage payments and keep your mortgage current. This will keep you in your house and all field help you with any unsecured debts such as credit cards and medical bills that you may have. 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://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer

I see this happen every day, a divorce decree or settlement in the divorce case has absolutely no bearing on a mortgage. If your name was on the mortgage and it was foreclosed, the factor your wife's name was on the deed has nothing to do with the situation. Now that foreclosure is on your record and your credit history has been affected. Furthermore if there is any deficiency from the foreclosure sale that did not cover all mortgage payments then you are still liable for those and the lender may come after you for them. Since the foreclosure is already occurred you pretty much have two options wait and see with the bank does or file for bankruptcy to wipe out the debt. Your answer really will come from what your financial situation is and how much the bank is can go after you for. It would've been better if you were to file bankruptcy prior to the foreclosure because at that point the IRS tax ramifications would not come into play, but as your wife allowed the foreclosure go through it really depends on how the banks and a proceed at this point. 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://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer

An HOA can sue you for legal fees and these fees are not determined by what you feel is reasonable. Most people feel that attorney's fees are not reasonable, especially when they're paying them as a penalty. First to stop the foreclosure you must make all payments back or use some type of legal resource such as filing bankruptcy to stop the foreclosure. Find a chapter 13 bankruptcy would allow you to stop the foreclosure and give you time to be able to pay back the money you owe in arrears. 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://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer

If you pay the delinquent these to your homeowners Association, they cannot foreclose on your property. The simple answer is no you really don't have any options in this matter, You must deal with the attorney for the HOA. When any company or person establishes a relationship with an attorney, by law you must always contact that attorney and if you attempt to contact that attorney client directly, you can be sanctioned by the court. There is no way around an attorney once they are hired by a client. 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://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer

The reason your dad couldn't get the home under his name is because there still a mortgage on it and you can't transfer property from one person's name to another until all liens have been removed from the property, this cannot be accomplished until the mortgage itself is paid off and any other liens are paid off. Also, the estate would need to be probated in court before ownership could transfer and since there iis no money in the estate, it's just better to walk away. With that being said since your father's name is not on the deed and he did not sign for the mortgage he has absolutely no financial responsibilities to the bank. Unless they can prove that the damages your speaking about in your question were caused by actions of your father, on purpose, to attempt to in some way for the bank directly, he has no financial obligation. Basically you wait for the foreclosure sale to happen and what ever eviction process was within the state you live in will occur. Some states they allow a sharp you to show up at your house and kick you and everything else out and other states like Massachusetts they give you a sufficient time after going through a lengthy legal process to even get in front of the judge so you tenants usually have 3 to 6 months once the eviction process has started. 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://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer

The answer is yes and no. You cannot sell anyone else's property without their permission, even if the home is in foreclosure, except without court approval. Basically simply because your house in foreclosure, does not allow you to sign off on selling someone else's interest in property based on the fact that the house will be lost to the bank if nothing occurs, even if you have a way to fix the situation. In this situation since you are going to a divorce, the best solution would be to file a motion with the FAMILY COURT which would deal with the situation. But do not just attempt to sign off on the other person's name, simply because their being difficult in a divorce. 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://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... Read Answer

You have two options to get out of your situation. Either file for chapter 7 bankruptcy and discharge the debt on the home and move out of it or sell your home. Most home mortgages at the end of the full loan amount will usually end up costing the homebuyer twice as much as the purchase price, just remember that. If you have bad credit or take a term of more than 30 years it will cost you even more than double. Many people once they realized this simply don't want to keep paying an end up moving somewhere and renting. The problem with this is you can't just walk away from the property without either discharging in bankruptcy or selling the property, those are really your only two options. 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://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... Read Answer

What your landlord is saying may be true, but the way you worded it is technically incorrect. Once the house is foreclosed upon, that severs the relationship between the bank and the homeowner, thus there is no longer a mortgage to refinance. They could get another mortgage and purchase the house at auction, a foreclosure sales usually don't allow people to purchase homes with money from a bank, usually people with cash on hand or someone who already has a bank willing to let them purchase that house up to a certain dollar value. That circumstance simply does not fit the fact that you provided, you cannot refinance after a foreclosure. 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://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer

Yes, the new bank certainly can foreclose on your home. As long as the assignments and the sale of the mortgage from one company to another are correct, which they usually are unless there is a securitization issue, then the new holder of the mortgage and note can foreclose on you. If you're in the process of being foreclosed upon that means that you had missed some payments, this would've definitely hurt your credit. The fact of having work and new job, is not an automatic acceptance of a refinance. The banks are in business to make money, so they will certainly want all the payments that you had missed and all the penalties that accrued because of missing those payments. It's hard to tell if a bank is going to go all the way through with a foreclosure or if they just want you to catch up as soon as possible, usually is this depends on the amount of the mortgage and the value of the home. Usually in foreclosure sales the bank does not receive the full amount for the mortgage and may work out a deal with you, but if your home has a lot of equity in it and the bank will most likely recoup all of their money at a foreclosure sale, this will be the fastest way of making money and this would usually be the route that they would take. This does not mean that you cannot save your home, there are numerous ways to prevent a foreclosure and get back on track the best way to do this would be to seek the advice of an experienced attorney in your area. 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://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer

This is the same story all over the country, you are not dealing with anything out of the ordinary. I have some clients that have file bankruptcy, surrender the home in the bank has taken 3 to 4 years to foreclose even after that point. I have other client that a ban foreclosure for six years. Essentially if the bank doesn't think it's going to make a lot of money on your home in a short period of time, it will attempt to foreclose on other properties at all make it more profit in the short term. And as of that happening the debt on your house keeps increasing, so do all the fines and penalties. The simply keep adding up. Essentially unless you file for bankruptcy, the deficiency between what you owe on the mortgage and what your house can be sold for at a foreclosure auction will be so high that you'll have no other choice but to file bankruptcy. If you want to just move on with your life, you could simply file a chapter 7 bankruptcy, surrender the house and live in it until they foreclose and you move on. That way you won't over the debt you won't be able to have to deal with the IRS billing you for the difference between the sale price of the home in the actual amount still remaining on the mortgage. Once in this situation bankruptcy is highly advised and should be done prior to foreclosure, not after. 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://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer