Wisconsin Foreclosures Legal Questions

It would be hard to sell the house without a clear priority among liens. There are some ways of managing it which an experienced real estate lawyer could tell you. Any buyer might not be patient enough to wait for the untangling. I don't see the consistency between your saying that the house sale should net some surplus, and your saying that the sale would be 'short.'... Read More

First, you must look at the lease and/or any other written agreement between you and the prior owner. Unless you have specifically given him/her/it/them the right to come and do a self-help repossession, they have likely violated a number of laws. (This is if the trailer is 'real estate' rather than a 'motor vehicle.' You should hire a lawyer to tell them to return the mobile in exchange for your immediate payment of any arrearage-and that they are open to a lawsuit if they refuse. You could also get it back through the bankruptcy process, but that should only be considered if you already have a pretty heavy burden of debt-AND if you can file your within a strict 90 days from the date they took the mobile.... Read More

Have you consulted a lawyer? It's almost always worth the investment to retain an experienced lawyer in any kind of court matter. So the first thing to do is to find and consult one. Why did you choose to file a bankruptcy to accomplish this goal? It might help, but there are other, arguably more direct ways to accomplish the same goal-possibly including suing the bank. Find a good lawyer. You will very likely benefit.... Read More

I'm sorry for your loss and for the problem. As a technical legal matter, the house is yours unless you filed a Quit Claim Deed to your late husband. If the divorce allocated the mortgage debt to him, the claim for payments-whether made by you or the mortgage-lender- should go to his probate estate. (This is assuming that the assignment of debts to him carried the typical phrase that he will defend and hold you harmless as to the debts allocated to him.) Contact the stepson and let him know about all the relevant facts. Ask him to be sure there is a probate case filed, and the mortgage-lender's claim included in it. Regrettably, you really should hire two lawyers, one to press for your interests in your ex-husband's probate, and one to defend You if the lender is now suing you. Good Luck... Read More

More detail is needed, especially concerning the relative dates of the lien, the commencement of the foreclosure action, and the dates the mortgages were entered into or recorded. If the underlying debt has not been paid, and the statute of limitations has not passed, then the debt still exists and you could try to collect it. Your mechanic's lien (at least in Wisconsin) only lasts two years, so it may have expired by the time the foreclosure was commenced. If your lien has not expired, and it was placed on the property before the foreclosure, then you may very well still have a lien on the property despite its having been sold. Consult a skilled real estate lawyer in your locality.... Read More

L not necessarily. A given seeing of whatever sort may fall into class A for some purposes and class B for others. For many purposes a land contract me be treated as personal, Rother Vin real, property. However, it concerns the transfer of an interest in real property. So determining whether the land contract is one thing or another, you need to look at the reason for the classification. It would be a good idea to consult a lawyer will versed in real property law to advise you about how the distinction works in your community. Good luck... Read More

The mortgage foreclosure claim and the sewer district claim are two independent issues. One of them can proceed without regard to the other. If you really got no notice of the 'tax sale,' conducted by the Sewer District which is usually just a transfer of the right to receive payment, you can move in the court for a dismissal or suspension of proceedings. But there is a legal presumption that first class mail was delivered to the addressee within 3 business days, so you may find it hard to prove that you did not receive notice. Also, there are apparently a number of creditors' claims you are facing. You might want to consult a bankruptcy lawyer. The Automatic Stay of bankruptcy stops almost all collection actions. But you would have to be ready to file under Ch. 13, and pay the arrears on the mortgage and the sewer district lien (as I assume it is) over the Plan period, which is generally 36 or 60 months. I would find a skilled BR lawyer today. That said, I see that you make some reference to action which must be taken by he 29th of April. Today is the 9th of September, so your question might have become stale. (I don't know what caused the delay.) Good Luck.... Read More

Usually these matters are handled within the divorce decree, in the section usually listed separation of assets. All you need to do is have a lawyer draft up a deed transferring your ex-husband's interest in the title of the property in question to yourself. You can't take them off the mortgage, but you can take him off the deed. 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 More

You seem to be the perfect candidate for a chapter 7 bankruptcy. Do not sign a deed in lieu or allow the property to be foreclosed upon. Both of these have IRS tax ramifications, that treat deficiency between what you still owe on the mortgage and what the bank sold a house for, will be considered income for that taxable year. If you file chapter 7 bankruptcy, this. Any foreclosure proceedings and give you more time to be able to comfortably find a place you like and move without being rushed out or evicted by the bank. 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 More

It sounds like there was a foreclosure action going on which you thought you could just let slide. (If so, you will not be the first, or the thousandth, applicant for a modification who did this.) You should have a lawyer skilled in real estate work, who can move the court to vacate the judgment for every good reason you and s/he can find.... Read More

You can try to short sale you house. First, you need to list it with a real estate broker who has experience in doing short sales. I can give you some names. The market is very strong right now in Las Vegas and you should have no problem finding a buyer. Then, you apply for the lender to approve the sale if it is indeed short, meaning that the sale price is less than the amount you owe to the lender. Some lenders will pay you something in the transaction, and that will depend on the lender's policies and the skills of your broker and lawyer in negotiating. Other than a payment from the lender, which is possible but not guaranteed, there is no profit since all of the money from the buyer will go to pay the lender and broker. After the sale, you will need to have your accountant apply for the tax exemption on the amount forgiven by the lender as part of the short sale.... Read More

A "short sale" occurs when the selling price is less than ("short of") the loan balance. So by definition, the seller does not make a profit on a short sale. If you are able to sell your property for the amount of the loan balance or more, you can sell it whenever you want. If the sale price will not cover the loan balance, you have to get the bank to agree to accept the sale proceeds in satisfaction of the loan. That is, the bank forgives the unpaid balance. You should discuss this with a Realtor because the results may differ with various types of loans. There are also potential significant tax consequences to a short sale that you should learn about before proceeding.... Read More

All lenders have different guidelines for lending, although they are generally bound by Fannie Mae.  I believe the current guidelines provide that your discharge must have been at least 2 years ago.  I suggest inquiring with different lenders, especially those who state the handle clients with imperfect credit.... Read More