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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 6
Do you have any Foreclosures questions page 6 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 428 previously answered Foreclosures questions.
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Recent Legal Answers

How can I buy from a bank that is foreclosing from a deceased owner?

Answered 8 years and 11 months ago by attorney Aaron M. Schlossberg   |   1 Answer   |  Legal Topics: Foreclosures
It depends on the circumstances.
It depends on the circumstances.

Can a deed restricted association single out a few homeowners requiring them to paint their villa when the homeowner is disabled, or on fix income?

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
I think what you ask is in reverse - can the HOA make a disabled or fixed income home owner paint thier house....and the answer is yes if its in comliance with with the HOA rules, etc. Being disabled or on fixedincome is not carte blance to ignore HOA rules. 
I think what you ask is in reverse - can the HOA make a disabled or fixed income home owner paint thier house....and the answer is yes if its in... Read More

What can I do to stop writ of possession

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
Not much at this point - seems you already self lawyered yourself into a bind. At best you will need to spend a good deal of money to hire a lawyer to review the issues and see if anything can be done at this point. 
Not much at this point - seems you already self lawyered yourself into a bind. At best you will need to spend a good deal of money to hire a lawyer... Read More

Should I start foreclosure proceeding.

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
The arrangement you made was somewhat unusual.  Your rights are in the first instance governed by the documents you made.  If you had a lawyer ask that lawyer.  Without reference to the documents a foreclosure is a long process.  However, it is your only leverage to getting paid.  Ultimately an extension is probably your only option, but you should have the deal reviewed to make sure you have the rights you think you have.... Read More
The arrangement you made was somewhat unusual.  Your rights are in the first instance governed by the documents you made.  If you had a... Read More

can i get my home back after it has been sold in a auction

Answered 9 years ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Foreclosures
Too late, unless the buyer will sell it to you.
Too late, unless the buyer will sell it to you.

I have a timeshare . How can I get out of this contract without messing up my credit? Can I just stop paying every month?

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
You can't just change yo mind and undo the deal - thats why they have written contracts. You will need to retain a lawyer at some expense to help see what options you have. Otherwise any default will affect yourcredit and could result in a lawsuit against you for foreclosure or damages. ... Read More
You can't just change yo mind and undo the deal - thats why they have written contracts. You will need to retain a lawyer at some expense to help see... Read More

Should next payment be eliminated and enclose death certificate for the company to make an offer?

Answered 9 years ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
Someone in the family needs to get to a probate attorney. The attorney will be able to determine the best course of action.
Someone in the family needs to get to a probate attorney. The attorney will be able to determine the best course of action.

Can a senior with a homestead exemption who can't pay the HOA dues be legally evicted from the home with a reverse mortgage on it?

Answered 9 years ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Foreclosures
Well, it is a foreclosure most likely, not an eviction. Yes, a home can be foreclosed upon. More facts are needed.
Well, it is a foreclosure most likely, not an eviction. Yes, a home can be foreclosed upon. More facts are needed.

Can I get that back and cancel this retainer if I signed a retainer for a law firm to find a streamline mortgage for me?

Answered 9 years ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
You would have to ask that law firm.
You would have to ask that law firm.

Can an HOA repossess your home?

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
They can foreclose on it  - yes and they commonly will if the HOA dues are not fully paid. 
They can foreclose on it  - yes and they commonly will if the HOA dues are not fully paid. 

If I filed for bankruptcy because my bank is not applying my mortgage payments to my mortgage, what should I do?

Answered 9 years ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
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
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... Read More

I was served a summons for foreclosure on 2/13/2017 with 20 days to respond. My mortgage company has allowed us until May 28 to get reinstated funds

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
You need to hire a lawyer as the right hand seems not to know what the left is doing
You need to hire a lawyer as the right hand seems not to know what the left is doing

Can I buy the house off from the bank if it has gone to foreclosure?

Answered 9 years and a month ago by Stacy Joel Safion (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
You can bid at the auction. Sometimes you can contact the trustee and see if you can buy it before the auction.
You can bid at the auction. Sometimes you can contact the trustee and see if you can buy it before the auction.

Does the lien ever expire and do you think I can quiet my title?

Answered 9 years and a month ago by Michael C. Hyde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
A little more information is required to be able to advise you on this matter. IF, assuming your old second is still the same one that was discharged, then they are precluded from collections unless you reaffirmed that debt in the bankruptcy case. AND, your statement that the second won't refinance because of the First's lien doesn't make sense because the First always has priority over a second, hence the names First and Second.... Read More
A little more information is required to be able to advise you on this matter. IF, assuming your old second is still the same one that was... Read More

I Won a forclose case in supreme court,we had already came out of 2nd appellate court. now the attorney is using another address of my clients

Answered 9 years and a month ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Foreclosures
It sounds as though you've been proceeding pro se, yet you make reference to your "clients"- are you an attorney? Definitely need more information here. It also sounds like you are in the middle of an appeal, or a motion for leave to appeal, so I suggest you respond quickly, because the clock is likely ticking on deadlines. ... Read More
It sounds as though you've been proceeding pro se, yet you make reference to your "clients"- are you an attorney? Definitely need more information... Read More

Can a loan servicing company legally foreclose

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
Absolutely, that is how it is done.
Absolutely, that is how it is done.

Is the statute 721.81 line 7 still in effect if I get foreclosed on my timeshare?

Answered 9 years and 2 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
Yes, that statute is still in effect. You might want to have an attorney see if there are any cases which interpret it.
Yes, that statute is still in effect. You might want to have an attorney see if there are any cases which interpret it.

CLOUDED TITLE ON A FORECLOSURE HOME FROM 2009 THE 2ND MORTGAGE WAS NEVER REMOVED FROM THE PROEPRTY I PURCHASED ON COURTHOUSE STEPS

Answered 9 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
You will need to hire a lawyer to examine why there is lein and what to do about it. THis may require a quiet title lawsuit. Ths is peril of buying homes at auctions without fully examining the title quality. 
You will need to hire a lawyer to examine why there is lein and what to do about it. THis may require a quiet title lawsuit. Ths is peril of buying... Read More

Can a bank foreclose on my property when I was grant deeded to property?

Answered 9 years and 2 months ago by Stacy Joel Safion (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
Your question is missing information. I can't believe that a mortgage wasn't recorded when you purchased the property. The grantors (sellers) don't record a mortgage. The lenders do. This would have appeared on your preliminary title report. Second, that mortgage should have been paid off when you purchased the house. (I am assuming that this was arms length transaction sale.)... Read More
Your question is missing information. I can't believe that a mortgage wasn't recorded when you purchased the property. The grantors (sellers) don't... Read More

Can I stop a foreclosure for taxes when I cant pay? I am on disability. My taxes increasedsince I bought my mobile home. I did not do improvements on.

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
You cannot.  You can call the tax collector to try to get a payment plan, but you are not guaranteed it.
You cannot.  You can call the tax collector to try to get a payment plan, but you are not guaranteed it.

Bought a foreclosure at State Auction, only to discover that a unpaid mortgage from first owners exist from 2004,

Answered 9 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
If you don't know the answer to this - you should not be buying foreclosure properties as an investment. This is something that should be vetteed before you attend an auction or buy such property. You need to retain a real estate lawyer immediately to address how to deal with this problem. ... Read More
If you don't know the answer to this - you should not be buying foreclosure properties as an investment. This is something that should be vetteed... Read More

Is there a different rule if a prior home was foreclosed?

Answered 9 years and 2 months ago by Ms. Diane L Drain (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
You should try another lender.
You should try another lender.

How can I respond if I have 20 days to answer court for foreclosure but I am in review of loan modification with the lender?

Answered 9 years and 3 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
You respond by admitting, denying, or saying that you are without knowledge as to the separate numbered paragraphs in the complaint, and then by setting up affirmative defenses that you have. You need an attorney on your side to do this because you know nothing of affirmative defenses that might be available to you. There has been much case law in the past few years from which you might be able to get some valid affirmative defenses.... Read More
You respond by admitting, denying, or saying that you are without knowledge as to the separate numbered paragraphs in the complaint, and then by... Read More

I am looking for consulting on a bank owned foreclosure

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
It depends on where you are in the process.  If you are leaving due to an eviction after a foreclosure, you get nothing.
It depends on where you are in the process.  If you are leaving due to an eviction after a foreclosure, you get nothing.

Is there a way to force the bank to assign the mortgage and prove it can foreclose?

Answered 9 years and 3 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
You need to speak with a foreclosure attorney about this. What you have written here confuses me, because you are asking if you can foreclose.
You need to speak with a foreclosure attorney about this. What you have written here confuses me, because you are asking if you can foreclose.
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