Foreclosures Legal Questions

You can't simply foreclose because you are unhappy with inconsistent payment. The material breach of the mortgage agreement/note is determined by the terms of the mortgage and the promissory note. You will need to retain a real estate litigation attorney, and likely be prepared to pay out of pocket for the legal action, with the idea of adding the money spend to the judgment assuming your PN provides for legal fees for enforcement. ... Read More

If there was truly a "preditory loan," there may be a way to have the loan declared null and void.  However, there was not enough information given other than it was a  "bad loan."  This situation requires a review by a competent attorney of all documents and the circumstances surrounding the making of the loan. As to foreclosure, they may be bluffing.  As the lein (i.e. the Mortgage) survived the BK7, upon a default, it can proceed in state court via a Foreclosure.  This may or may not occur as there are practical, non-legal considerations.  You did not say if there was (or was not) a senior mortgage.  If so, this junior mortgage, which remained as a Bankruptcy only discharges the Note, would need to buy-out the 1st Mortgage to receive the proceeds from Sale of the residence.  For example, if the FMV of the property is $175,000 and the 1st Mortgage is $150,000 or higher, this does not makes any financial sense.  To spend over $150,000 to recoup a portion of $40,000 makes no sense.  However, if there is no 1st or if it is "only" about $50,000 and the FMV is the $175,000, the circumstances change.  The Foreclosure then makes financial sense to institute; and this lender may not be bluffing. However, there can be no deficiency as your BK7 protected you from this.  This presumes there was no Reaffirmation in the prior BK7 of this debt, which appears to be the case you stated here.  Again, the Note, which is your personal promise to pay, was discharged in the BK7. There is, therefore, no Note.  Instead, what you have been paying is the Mortgage, which remained as a valid lein on the property.  A larger cash offer may be the solution to this lien's removal, but you need to review all this with an attorney as to your options.  A good place to start is your Barr Association to see if it maintains a referral procedure.... Read More

If you have been involved in the foreclosure no, the Court will determine the rights of the parties and if you have no right to live there the bank can seek your removal. Since you were aware of the issue and actively involved in the proceedings you have had PLENTY of time to plan for the possibility of getting removed and the court may have little sympathy and view your efforts as just another delay tactic. If you expect to try to buy more time, you REALLY need to hire the lawyer now you should have hired long ago, to address this. ... Read More

You would have to endure a complicated court proceeding to recover mortgage payments you made.   Is this man the father of your child?  The father of the child has an obligation to provide financial support to the child. Yours sounds like a complex situation that would benefit from a conversation with an attorney to sort out all the options.  Good luck!... 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

You do need an attorney.  We are precluded from accepting cases in the manner you initiated.  As such, the answer is YES: you need to defend the suit and negotiate a favorable outcome and with an attorney, this is more likely to result. The suggestion is that, since foreclosure pracetice varies from county to county, a local attorney with foreclosure experience be consulted.  Your local bar association is a good place to inquire for a referral.  You can then "google" the name(s) given and review their sites as to experience, FAQs, and the like.  An appointment can then be set with the attorney of your choosing; and you may also be able to speak with that attorney prior to your meeting. Please be sure to note, in any conversation, that the matter has been filed and there is pending the Court date.  ... Read More

That creates a legal nightmare for the mortgage company IF your name was on the deed when your grandmother was granted the mortgage AND you did not sign the agreements. The mortgage company screwed up in that case. If you DID sign it, then you must give up the property. ALSO if you were added as a "possible" heir under a Lady Bird Deed, your grandmother's grant of the mortgage supersedes your interests in the property.... Read More

It depends. When did you mother-in-law pass? How long ago? Was a probate estate opened? If it was some time ago (more than 6 years) then there is no possibility of a creditor taking money. Your husband would not be liable to any creditor for any more than the amount he received from the "unclaimed property", if any. Otherwise, there is no downside for your husband to claim the funds.... Read More

You take the property subject to the mortage lien, assuming your bid was just on the COA dues owed but did not address the mortgage lien - so unless you pay it off, in full and obtain a satisfaction of mortgage, typically the lender will then foreclose on your interests and sell the property yet again. You should have known the answer to this question BEFORE you decided to play real estate mogul and buy properties at auction. This is a receipe for many people to lose thier investments. You need to contact the lender and work out some deal on the pending mortage lien ASAP. ... Read More