Foreclosures Legal Questions

Hello... You do not have to appear for the trial on the foreclosure matter. As long as you were just a tenant and not on the note and mortgage any eventually judgment of foreclosure should not effect you. Your name was listed on court filings because the law requires all interested parties, which would include tenants in current possession to be notified of all proceedings occuring in court. Hope this helps. Please leave a positive review.  ... Read Answer

Good Lord its like there is a cloning machine for pro-se foreclosure defendants. No - you cannot file a federal case for issues you lost in the state court proceedings. Its called the Rooker-Feldman doctrine. Your remedy is to seek releif in the state court by appeal or re-hearing, etc. Since your track record to date is not so hot, if you expect to continue the fight, you will need to do so with an actual lawyer before you get labelled as a vexatious litigator. ... Read Answer

99% of the time a lawyer not addressing your "main concern" is going to be based on payment of legal fees, or more typically lack thereof. If you are willing to pay the legal fees for the work performed 99% of lawyers are happy to do whatever you want them to do. This is an issue you need to address with the lawyer represnting you. ... Read Answer

Other than tossing legal terns around, this issue revolves around the terms of the agreement and the situation. If you have a legitimate lease the new owner will take the property subject to it BUT have the right to give you 30 days notice they are terminating the tenacy. While you may have some legal basis to cry foul, the real issue will be determining if its worth the financial expense to challenge the issues legally and to what end. If you want pursue a legal option you will need to retain a tenant lawyer to intevene. ... Read Answer

You simply won't. You can't expect to not pay a bank, force them to foreclose on your property and then after then spend 80k in the effort expect them to just eat the expense for your benefit. You probably just cost yourself a bunch of equity not handling this properly and the 2nd mortgage lender see plenty of equity to pay both first mortgage and second debt so you dont seem to have a lot of leverage. ... Read Answer

My biggest advice is to consult with a mortgage foreclosure defense attorney immediately.  Most offer a free consultation.  Even if you don’t end up hiring a lawyer, it is a good place to get your options.  If you are talking about the initial default letter from the lender, you may still be able to get something worked out before a foreclosure lawsuit is filed against you.  To be clear, if a lawsuit has been filed and what you received as a Clerk’s Default (or some notice of default in court), it means you have to act very quickly to get that taken care of or you could lose your chances to raise defenses.  However, it sounds like the initial default letter.  So, my advice would be to consult with an attorney to review the letter and your particular situation to see what options may be available to you.   If you do nothing to address things now, the next step is a lawsuit being filed against you and the lender will seek a foreclosure sale of the property and possibly seek a deficiency judgment as well (that just means seeking any money from the judgment that wasn’t recovered by the sale).  Unfortunately, it means you are in a tough spot, but it sounds like it is still early so you may have some options.... Read Answer

Lawyers that charge this way are often scammers.  This guy has taken your money and done nothing.  Your only remedy at this point to avoid losing your house is bankruptcy before the auction.  You do not need these documents to do this.  Report this lawyer to the police as a fraud, and file an ethics grievance with the bar.  Ethical lawyers charge by the hour or a flat rate for work they actually do.... Read Answer

This is too complex a situation to advise by way of email or text. My office has a focus on bankruptcy and could assist you, but we need more information and probably would want to have a meeting to go over all the details. Please feel free to contact us if you would like to schedule a meeting.... Read Answer

If you are able to pay the dues owed per the lawsuit then yes, the foreclosure will stop. In regards to the atty fees, unfortunately the hoa lawsuit result in owing their atty more then what is actually owed to the hoa. Under Texas property code how atty can recover there fees and made part of what is owed to the hoa. Please keep in mind the hoa atty HOA represents the hoa so the payment would have to go through the atty. If the amount is too much or the payment plan to large to pay off, you may want to consider a bankruptcy. In a chp13 bankruptcy you will pay the hoa back what is owed but spread out in a period of 3-5 years. You can also address all your other debts (which depending on your income you may potentially eliminate or pay a percentage back). Also, in unique circumstances where the value of the home is less then the amount owed to your mortgage co, you may also could get your hoa dues owed prior wiped away. The 1st consultation is free over the phone or at either of our 2 offices here in Houston TX... Read Answer