Foreclosures Legal Questions

I am a bankruptcy lawyer so this caught my attention but I don't see why it has be put in this category.  Contact the attorneys and find out who they represent now and how this is being managed.  Hire an attorney if you need assistance.  Please feel free to contact us 203.870.6700.... Read Answer

Hi, What a strange story.  What I find important is that somehow title was changed and put in your dead husband's name as joint tenancy.  With whom?  With you? If so then it is your property.  I would need to know more about the property and the deeds relating to the property.... Read Answer

If your name was not on the deed when the mortgage was obtained, but added later, the entire balance is due pursuant to a due on sale clause.  That clause is rarely, if ever, enforced.  However, it demonstrates that you have no privity of contract with the mortgage company and therefore no rights regarding it.  Your only viable options are to: 1.         wait until they once again allow payments and hopefully resume making them; 2.         refinance the debt which is not an assumption.  You would obtain a new or the same lender to offer a new loan satisfying the old one; 3.         sell the house to assure you at least derive the equity via sale proceeds.     I trust this has been helpful, and, if you live in the Delaware Valley, feel free 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 nahrganglaw.com... Read Answer

One key aspect of the right to reinstatement is that the exact reinstatement figure be paid to the penny which can change up to and including the time it is paid.  Indeed, every payoff or reinstatement letter will note that the borrower must call before paying to assure the stated number remains accurate. Often, statement letters are generated which contain those numbers but they are rarely the true numbers which are only obtained through foreclosure counsel who will add in contractual attorneys fees, etc.  If you believe that the reinstatement figure is inaccurate, that would be a defense to the foreclosure case, but my experience is that mortgage company numbers are usually very accurate, if not easily understood. I trust this has been helpful and, if you are in the Delaware Valley, feel free 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 nahrganglaw.com... Read Answer

The answer to your question truly depends on the language of the Order.  If it states until further order of court, someone should point that out to the sheriff.  Otherwise, someone should correspond with the court, copying the other party, to alert the court to a potential violation of the Order.  Many people in that situation consider a chapter 13 bankruptcy as a viable solution to the delinquency. I trust this answers your questions, but feel free 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 nahrganglaw.com... Read Answer

This post makes no sense in that you claim to have terminated the tenancy and vacated the property, but indicate that you are still paying the rent. If the LL does not return the sec deposit when he is obligated to do so, you will need to hire a lawyer to sue for return of the money. Good part is if you win, you will get your legal fees  paid reimbursed. ... Read Answer

Your grandson is the one who must sign the quitclaim deed to give up his interest in the property. If he refuses to sign it, you will not be able to sell. You need his cooperation, and you two will need to see a local real estate attorney. The attorneys fee for a quitclaim deed should not cost you $600.00. Contact some additional attorneys to see if you can find one who charges less.... Read Answer

It sounds like there is some confusion.  While any creditor is free to sell the debt to any other creditor, the terms remain the same.  The only exception is a loan modification which you would have to apply for.  The purpose of the loan modification is to address the arrears and help assure you can make your new monthly payment. I would be happy to discuss this in greater detail 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 nahrganglaw.com... Read Answer

No, that will not stop the foreclosure. You need a payoff number which will include their attorney fees and court costs and other penalties.  Your best bet is to hire or at least consult with Foreclosure Defense counsel.  Make sure you find an experienced foreclosure defense attorney who can possibly get you into mediation and/ or a plan.  You might also consider a Chapter 13 bankruptcy which forces the bank into a payment plan and stops the foreclosure case immediately. My office focuses on both of these areas of law. Please feel free to contact us at 203.870.6700.... Read Answer

Filing a lawsuit in Superior Court to enjoin the foreclosure sale would be much more expensive out of your pocket up front (because of the attorneys fees)  than filing for Chapter 13 bankcuptcy, and it is not likely to succeed in the long term. It may very well be that under the terms of the lender, you do not qualify for a loan modification. Your safest bet is to file Chapter 13 bankruptcy and you must do so before the sale date to be safe. Either way you will need a qualified and experienced attorney - do NOT hire out of state "foreclosure rescue" firms - hire a local, experienced, North Carolina attorney. Do NOT try to handle this on your own. Filing this type of lawsuit in Superior Court is too complicated for a non lawyer to handle. You can file Chapter 13 without an attorney but most non lawyers do not understand how to propose a confirmable Chapter 13 Plan, and you may end up worse off than you are now and not be allowed to file Chapter 13 again for several months if you file Chapter 13 without following all of the rules and without serious intent. ... Read Answer

The answer is NO. Just..NO. The entire purpose of you being a surety to co-sign is the back expecting YOU to be collectable. If you are not they will not likely accept you anyways and the fastes way to destroy a family relationship is over such issues. If your adult son has crappy credit its because he stiff all the other creditors in the past to get there - and you are likely next on the list. ... Read Answer

If you are foolish enough to keep you personal accounts where the mortgage is, its possible by contract for them to do that. Close those accounts and have your funds put in an account at a different bank for starters. You may need to retain a bankruptcy lawyer also. You generally can't just give a moble home back and call it even.... Read Answer

This is a marital issue not one that invovles the bank. The bank has no obligation to care for you, your children nor your mother. You need to address this issue with a family law lawyer. In the meantime you will need to start planning finding a place to reside with out without your wife as you may have no legal right to stay if the property is wholly in her name and she had defaulted on the loan. The family law lawyer canreview the issues and help you determine how to address this. ... Read Answer

To marshal all liens and foreclose on them (the long way to say foreclosure) anyone with a possible interest in the property has to be a named party. This means that the foreclosing party (usually a bank) will name absolutely everyone who could potentially have some kind of claim. Unless they are seeking specific damages from you or your spouse or are claiming that you owe them on the note or mortgage, this can be safely ignored.... Read Answer

I assume this is another version of a similar question posted. The answer remains the same, with the exception that if the RM has come due and you cannot afford to pay it off, by definition you will likely forfeit your property. You may also want to retain a bankruptcy lawyer to examine that as an option depending on the terms of the deal you made with the RM company. ... Read Answer

If you are in a foreclosure post divorce - this should have been addressed in the divorce proceedings. Not sure what question is or what you expect to accomplish in a mediation since you suggest that you don't have the money to maintain the mortgage. You may need to "unretire" and with a gainful employment seek to refinance the property or if there is equity in it, sell it and move towards maintaining a lifestyle you can afford. ... Read Answer

First you have to file a partition action on the property to seperate your competing interests in the property. After that you will have the option to pursue other remedies to make yourself whole.  My firm handles files like this very regularly and has a great deal of experience in this type of matter.  Please feel free to contact us for further assistance. 203.870.6700. Good luck.... Read Answer

Sorry - but you can't just throw up your hands and cry "victim!" or "not fair!" and get special consideration. Not sure how or why you are "about to lose your house" or that lawyers won't take your case, as these make no sense in the context of what seems to be a legal malpractice case of some sort or other intertwined with a foreclosure action.... Read Answer