Foreclosures Legal Questions

Once the lender files a notice of default, then there is a 90 day period before the bank can file a notice of trustee sale, after which the trustee sale can be held after 21 days.  So the shortest period of time would be 111 days, but in practice it takes longer.  I suggest that you communicate with the lender to inform them that you are selling the property.  You will have to show them a purchase agreement or escrow instructions.... Read More

You have not addressed whether or not you are still in the house, but I will assume so. If true, you cannot be evicted except by the County Sheriff.  That can only occur after the Judicial Sale has been confirmed in Court AND another 30 days [per statute] passes. If (2 more assumptions) you are both on title to the house AND the Lender was the high bidder at the Sale, you can seek to Modify the Mortgage.  That should occur within 6 weeks of an Application being received by the Lender, so there may be time to do this.  If accepted, that will avoid any need to move. You can also appear at the hearing on confirmation.  We would suggest that be done with an attorney.  You may be able to object to the Sale, gain additional time, or have the Judge grant a continuance of the Motion.  An attorney can review the case and offer an opinion on the best way to proceed.  For the Application, this can be done by yourself, but it is best to either have the retained attorney or a HOPE [free] Counselor do this for you as time is of the essence. To find an attorney, the suggested means is to contact your local County Bar Association for a referral.  The name(s) given can then be researched on the Web before setting an appointment.... Read More

There is no legal remedy for you spending beyon your means or not having the ability to pay for your finaincial obligations due to disability. You will either need to find the means to pay the loan or you will likely find youself losing the house through a bankruptcy or otherwise. You need to speak to a bankruptcy lawyer about the proper way to go about addressing this before it gets out of hand. ... Read More

If you have my firm represent you, anywhere from several months to a couple of years and you may gaet some compensation to move out.  If you just let it go, you will be evicted from 7-30 days following the sale - depending which court and what the plaintiff chooses to do.   Drew Thompson Law Office (317) 564-4976... 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