California Foreclosures Legal Questions

To answer your question, "can they do this?" anyone can file a lawsuit, whether or not they have a legitimate claim. You are going to have to respond to the summons, which means you are going to have to talk to a lawyer. Otherwise, the bank will get a judgment against you by default and the bank will be chasing you for the rest of your life trying to collect the judgment. If you plan on never having any property and never having any money in a bank account and never having a job where your wages can be attached, then you are right that you don't have to fight the lawsuit.... Read More

You have posted a question about a Nevada property on the California site. Without knowing more, I would say that the bank is only allowed to refuse to accept your payments if you were in default at any point. What reason has the lender given you for refusing your payments? A lender cannot legally refuse to accept payments for the purpose of putting you in default so that it can foreclose. You are doing the right thing by depositing your payments into a separate bank account. Some lenders do try to pressure borrowers to seek a modification because they make money from the federal HAMP program for every application they process, whether or not they grant the modification. Your problem of getting the runaround on your modification application is unfortunately very common. Despite the HAMP program, only a small percentage of loans are actually getting modified. This is not an question that can be easily answered in this type of forum. You should be able to find a local attorney who will meet with you for a half hour for little or no fee and answer your questions so you know what your options are. Check with your county bar association to see if it has a lawyer referral program. Or search on line for lawyers who specialize in real estate and foreclosure law and ask for a free consultation. You can't make a decision about what to do without giving all the facts to a qualified expert who can answer your questions.... Read More

If the property didn't sell to a third praty, then the lender now owns it. You would in effect have to negotiate to buy the house back from the lender with a new loan. Since you defaulted once, the lender is unlikely to loan you money again, but it wouldn't hurt to talk to the lender and see what you can do.... Read More

Only people who signed the promissory note and mortgage are responsible to pay the loan. On the facts you have stated, only the estate of the deceased brother in law would be responsible if the mortgage company were to foreclose and recover less than the amount owed. You could try to sell the house through the probate proceeding and ask the mortgage company to delay foreclosing.... Read More

You will need your family law attorney to work with his attorney, if he has one. If not, or if your ex's attorney is not being cooperative, you will need to ask the court for an order to remove his name from the deed. It is a complicated process, but an attorney in your area should be able to assist you in getting that done.... Read More

If a bank forecloses on a property and obtains less than what is owed for the property at a foreclosure sale then the bank may pursue an action against the mortgagor for the balance owed under the mortgage agreement. If the mortgagor is deceased, then the bank can pursue action against the estate. Whether the bank will actually decide to pursue the amount remaining unpaid, if any, depends on the amount left unpaid and the policy of the bank. As long as you and the estate are kept separate, any action against the estate should not affect you individually, but the bank might try to name you individually in a suit, and even if it does not do so, it is possible that there might be a mistake made by a credit reporting company that confuses you as executrix with you individually. This should not happen, but it might, so while your credit should not be affected by an action against the estate, there is a chance it might affect your credit.... Read More

It depends on what happens. You should contact the bank now to discuss the situation. Unless the bank will agree to take less than $73,000 and waive its rights to a deficiency judgment, you need to set a minimum bid of $73,000. You could also approach the bank about a short sale, subject to probate court approval. Your personal credit should not be affected if the debt is not in your name.... Read More

I have never heard this term used in California. In Illinois it appears to mean a notice by one party to the other that a motion has been filed in the court. A motion is an application for an order, in other words a written request for the court to order something. The notice should tell you what type of order the other side is seeking. You have the right to file written opposition to the motion (within strict time limits). At the hearing, each side is allowed to present oral argument for and against the motion. Then the judge makes his decision and either issues or denies the requested order. You should see an attorney about this.... Read More

Did your mother add your name to the title (deed)? If so, you have to read the deed carefully. If your mother conveyed the property to herself and you as "joint tenants," then you are now the sole owner of the property. If the deed reads "tenants in common," then since your mother did not leave a will, her share of the house goes to her heirs (if your father is also deceased, her heirs would be you and any siblings you may have). The same is true if your mother never put your name on the deed. In either case, you will probably have to file a proceeding in the probate court in order to get title to the house legally transferred to you and any other of your mother's heirs. I highly recommend that you see a probate attorney immediately because all of the above is complicated by the reverse mortgage.... Read More

The trustee of a deed of trust has only two duties. To reconvey the property to the trustor upon satisfaction of the promissory note or to convey the property to the buyer upon the trustor's default and trustee's sale. When you received your deed of reconveyance and the release was recorded, the trustee's powers and duties ended.... Read More