Foreclosures Legal Questions

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428 legal questions have been posted about foreclosures by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include bankruptcy, commercial bankruptcy, and consumer bankruptcy. All topics and other states can be accessed in the dropdowns below.
Foreclosures Questions & Legal Answers - Page 17
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Recent Legal Answers

do i have rights pertaining to forclouser of home if name on deed is wrong?

Answered 12 years and a month ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
What you are talking about is a typographical error, nothing more. These types of errors can be handled in court by your lender's attorney. You do not get to get a home for free simply because the person creating the documents misspelled your name or made some type of other typographical error. As long as the area is not so great as to be completely incorrect from beginning to end, but in that case the arrow will be so great that nothing about you is even reference that indeed therefore it's not your house either.   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
What you are talking about is a typographical error, nothing more. These types of errors can be handled in court by your lender's attorney. You do... Read More

Forclosure after Chapter 7 Bankruptcy

Answered 12 years and a month ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
The answers your question is no, you will not be liable for any remainder of the mortgage after you receive a chapter 7 bankruptcy discharge. But remember chapter 7 does not allow you to save a home that your behind payments on, thus if you receive a chapter 7 bankruptcy on your home you have eliminated the debt, but the bank still have a collateral interest in your home secured by the mortgage and bankruptcy cannot remove that. So if you have a first mortgage on your house and you file chapter 7 bankruptcy and receive a discharge, unless your mortgages in good standing and all payments are up to date, you will automatically lose the home. In bankruptcy if there's ever collateral securing the debt such as a home or a car, you can discharge the debt but you will always lose the property. Bankruptcy cannot have you discharged debt and still get to keep the property. There are few exceptions, such as stripping a second mortgage when the house is under water and the second mortgage interferes with the Debtors homestead exemption. But this is simply not the case on a first mortgage.   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
The answers your question is no, you will not be liable for any remainder of the mortgage after you receive a chapter 7 bankruptcy discharge. But... Read More

Can I be sued along with the people that I sold a house to?

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
Sounds like you sold the house with a quit claim deed and they assumed your mortgage. Unfortunately, unless the property is refinanced in thier name and YOUR mortgage satisfied, the bank sues you and you have to sue them
Sounds like you sold the house with a quit claim deed and they assumed your mortgage. Unfortunately, unless the property is refinanced in thier name... Read More

What are my rights to my landlord getting forclosed in the house I rent?

Answered 12 years and a month ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
If your landlord is in foreclosure and you rent a house or apartment from your landlord, you are still protected by the lease you have on the property. A foreclosure proceeding against your landlord does not create an action against you personally. If the house is foreclosed, the new owner has to recognize your lease agreement that you had with the previous owner. If you do not have a lease agreement and you are a tenant at will, then you're technically not in any different situation as a tenant at will to be evicted at any time. Many people who purchase properties at auction, are doing so for investment purposes and most likely will not even want you to leave.   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 www.botelholawgroup.com 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More
If your landlord is in foreclosure and you rent a house or apartment from your landlord, you are still protected by the lease you have on the... Read More
If a foreclosure action was commenced against you it may remain on your credit report for 7 years.  You may alert the bureaus that it has been reinstated.
If a foreclosure action was commenced against you it may remain on your credit report for 7 years.  You may alert the bureaus that it has been... Read More
Well harassment issues can be dealth with under the Florida Consumer Collection Practices Act and the Landlord Tenant Act. If you are wrong though, you may find you just forced an eviction by breaching your lease. If you would like to discuss retaining an attorney to help up you, we do offer FREE in office consultations at 1-800-922-6442.... Read More
Well harassment issues can be dealth with under the Florida Consumer Collection Practices Act and the Landlord Tenant Act. If you are wrong... Read More
Only if they wil accept it, but it doesn't mean you dont owe them more money.You should investigate whether a deficiency balance will likely exist before you do anything.If you are interested in hiring an attorney to help you, we do offer FREE in office consultations to explore how we can help. Just call 1-800-922-6442.... Read More
Only if they wil accept it, but it doesn't mean you dont owe them more money.You should investigate whether a deficiency balance will likely exist... Read More

Can a secret lien be put on my mortgage without my knowledge?

Answered 12 years and a month ago by Patrick William Currin (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Foreclosures
Liens on real property must be recorded to have effect, so no.
Liens on real property must be recorded to have effect, so no.

Robo signing After National Mortgage Settlement

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
I think the biggest issue is payment of the lawyers fees. I am not sure why the lawyer thinks he is the wrong guy for the fight, unless there is some disagreement with the outcome or effect of the forgery or his ability to get paid for his work effort as appeals are very very expensive.
I think the biggest issue is payment of the lawyers fees. I am not sure why the lawyer thinks he is the wrong guy for the fight, unless there is some... Read More

How can I save my house?

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
Sure, probably a number of things, as long as you are willing to have mom go to jail or be prosecuted.
Sure, probably a number of things, as long as you are willing to have mom go to jail or be prosecuted.

NYC Housing Preservation and Development Lien

Answered 12 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer   |  Legal Topics: Foreclosures
Yes, you may dispute and defend, but you will need to hire a NYC L&T lawyer.
Yes, you may dispute and defend, but you will need to hire a NYC L&T lawyer.

shortsale

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
It really is up to your bank. Its thier decision to allow a short sale. 
It really is up to your bank. Its thier decision to allow a short sale. 

If a proof of service was not filed can a case be dismissed

Answered 12 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer   |  Legal Topics: Foreclosures
Yes. It is a procedural motion and depending on the court may no longer be timely or it may be easily curable. However, you cannot be precluded from trying.
Yes. It is a procedural motion and depending on the court may no longer be timely or it may be easily curable. However, you cannot be precluded from... Read More
Your question is incoherent.
Your question is incoherent.

tax lien sold in new york city

Answered 12 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer   |  Legal Topics: Foreclosures
You are responsible for all accumulated interest. You should call firm to try to get legal fees waived.
You are responsible for all accumulated interest. You should call firm to try to get legal fees waived.
You have many options, but you really need to speak with a lawyer to explore. This question requires a consultation, not a simple Q&A.
You have many options, but you really need to speak with a lawyer to explore. This question requires a consultation, not a simple Q&A.

Once I get foreclosure paperwork, what do I do

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
Typically, hire a foreflsoure defense attorney.
Typically, hire a foreflsoure defense attorney.
Yes if there was a deficiency judgement.
Yes if there was a deficiency judgement.