Real Property » Foreclosure Legal Questions & Answers


Category: Real Property » Foreclosure
How do I foreclose on a person who refuses to make payment?

How do I foreclose on a person who refuses to make payment? Where to I get the forms that I need to start proceeding.

01/09/2007 | Category » Foreclosure  State » IN  #274
Where can I find information of the right of redemption law in Louisiana?

I am attempting to find out what the right of redemption law is in Louisiana with regard to foreclosure, property that is considered blighted or abandoned, and property seized due to taxes.

02/01/2007 | Category » Foreclosure  State » LA  #1121
How do I respond to a summons and a first amended complaint for foreclosure?

How do I respond to a summons and a first amended complaint for foreclosure?

02/08/2007 | Category » Foreclosure  State » NM  #517
What happens if a property I have a lien on is being foreclosed on?

I am a broker representative who is owed an outstanding $18.5K commission on a real estate loan transaction. I took a promissory note and a lien on some condominiums as protective measurements for payment. Now the liened properties have been foreclosed on. Is there any method lef...

03/26/2007 | Category » Foreclosure  State » LA  #1035
What rights does my husband have regarding the home in his name that his ex-wie defaulted on paying?

My husband's credit has been destroyed by his ex-wife. In their divorce papers, their home was awarded to HER, however, she has never removed his name from the mortgage. Since the divorce, she has defaulted on the mortgage, and this has adversely effected my husband's credit. My ...

04/27/2007 | Category » Foreclosure  State » NC  #3348
If my home is being foreclosed on can the mortgage company change the locks?

My house is about to be foreclosed on. Does the mortgage company have the right to put locks on my door? Also I contacted a company referred to me by United Way that says they will be able to stop the foreclosure once I receive the foreclosure papers. Is this true?

04/30/2007 | Category » Foreclosure  State » GA  #3458
What happens with the second loan owed on our home that was sold at a foreclosure auction?

Our home went into foreclosure. On Mar. 23, 2007, our home was sold at a public auction to the highest bidder. We had 2 loans. The sale covered the first loan, with about $14,000 left over. What happens to the second loan of about $43,000? I was told it just goes away and we do n...

05/07/2007 | Category » Foreclosure  State » WA  #4002
Can someone in foreclosure have their home sold and be required to move all without notice?

My friend was renting a house and did not know that it was in foreclosure, then the person that bought it a week ago showed up and told her she had to move but he would he would give her until wed. Can they do that with her having no where to go and three kids and with no notice ...

05/12/2007 | Category » Foreclosure  State » MO  #4571
What are the legal procedures to regain property back from foreclosure?

What are the legal procedures to regain property back from foreclosure? I have good credit from prior years and due to a death and illness I fell behind in 2006. I made attempts to catch up paymetns in December 2006 when some unidentified people came out and changed the locks w...

05/15/2007 | Category » Foreclosure  State » AL  #4882
Have I lost my home or do I have rights?

I was under a repayment plan contract with my mortgage company to pay a past due balance and current payment, the contract was signed, dated and fax on 1/29/07, it was also faxed on 1/30/07 along with the payment receipts for the downpayment of the contract. No payment was asked...

05/25/2007 | Category » Foreclosure  State » MI  #5945

Social security benefits may not be garnished by a private mortgage lender. Please see the inf...

If I have a rental home that is going into foreclosure, can the bank go after my personal residence, my IRA, or my social security check?

09/18/2007 | Category » Foreclosure  State » FL  #8842
Can I collect my down payment from the bank since they sold my home as a foreclosure with a profit?

In 2000, I defaulted on my home loan and went into foreclosure. The bank sold the house and obtained a big profit. (When I bought the house, I had made a downpayment of 40%). Can I still go after the surplus funds and/or my down payment 7 years later?

09/18/2007 | Category » Foreclosure  State » CA  #8850
What legal forms are needed to respond to civil action foreclosure?

I need to know what legal forms are needed to respond to civil Action Foreclosure. I would like to reestablish my note.

09/28/2007 | Category » Foreclosure  State » FL  #9243
How long do I have to get out of my home that was foreclosed on?

I hired a foreclosure specialist to help me get out of this and sell the home before it was foreclosed. He did not do this and it was auctioned off without my knowledge. Now he will not talk to me and says there was nothing he could do. I wasted my time with him. How long do I h...

11/21/2007 | Category » Foreclosure  State » NY  #12656
If my home is foreclosed on in Florida will I face a deficiency judgment?

Our residency is in Wisconsin. We are contemplating foreclosure on our second home in Florida. We understand that Florida Law allows for deficiency judgments, and that judgment can be filed after foreclosure. It is conceivable that the foreclosure sale price will be less than th...

11/23/2007 | Category » Foreclosure  State » FL  #12740
If a foreclosure was sold for less than owed, who is responsible for the difference?

My son's house went into foreclosure and was a trustee sale, it was sold for 50% less than they paid -does this mean they are no longer responsible for any monies owing on this house. We are told in California once it is sold by trustee sale all monies owed on this property is ...

12/11/2008 | Category » Foreclosure  State » CA  #14790
What are my options when the home I am renting was foreclosed on without my knowledge?

I am 5 months into my 2 year lease. I have recently found out that the owner of the home was not paying the mortgage and his home went into foreclosure and was recently sold. I have been asked to move out within 60 days. So in other words this owner was taking my monthly rent of ...

01/07/2009 | Category » Foreclosure  State » CA  #14941
If my home is foreclosed on can the bank go after other property that my name is on?

If my home is foreclosed on and my name is on another property, with my boyfriend, can the bank go after the other property, or other assets, such as vehicles?

01/22/2009 | Category » Foreclosure  State » FL  #15039
How do I answer a complaint for foreclosure and how long do I have?

My husband and I have been served a summons and a notice of Lis Pendens regarding foreclosure of our home. We were served on January 10th and have 20 days to respond. I am not sure what we are planning to do, but I want to answer the complaint so action is not immediately taken a...

01/27/2009 | Category » Foreclosure  State » FL  #15076
Does a Mortgage Company have an obligation to send a Lender a Notice of Right to Cure Default?

My Mortgage Company has been working on a Loan Modification on my mortgage for over 2 months. During those months, my mortgage has slipped into the 90 days past due category. While working on the Loan Modification, the Company informed me on multiple occasions (I called them ap...

02/07/2009 | Category » Foreclosure  State » MI  #15190
Is there something I can file with the court to stop my foreclosure?

I am looking to file the necessary paperwork (Produce the paperwork demand to stop a foreclosure. What package is right for me and how do I do it. My foreclosure is set for 2/25/2009.

02/18/2009 | Category » Foreclosure  State » AZ  #15275
What options do I have to get rid of the home I have since I am moving and can no longer afford?

I have a second mortgage for $178,000 (I had refinanced in 2005 and took $28,000 cash out). Now this property market value is $120,000. I haven't worked in 4 months but I was able to pay mortgage from Social security benefits for my kids. Because of medical reasons, I have to rel...

02/19/2009 | Category » Foreclosure  State » NV  #15294
Is there a document I can use to get a copy of the Note from my Lender if I am facing foreclosure?

I am looking for a document where I ask my mortgage lender to produce the note, where do I get the document and the how to file this legal document because I am facing foreclosure.

02/25/2009 | Category » Foreclosure  State » CA  #15355
On foreclosed property being sold who is responsible for fees such as HOA fees against the property?

Is it legal for a bank selling a foreclosed property to have an addendum that states the buyer is responsible for any monies in assesments, such as association fees on a townhome in arrears?

03/07/2009 | Category » Foreclosure  State » MN  #15476
How to answer a forclosure summons

I received a foreclosure summons and have to file an answer. How do I do that? I just want to give the building back.

03/12/2009 | Category » Foreclosure  State » IL  #15572
What can I do to stop the foreclosure of my home in Florida?

My property in Winter Garden, FL is scheduled for a final foreclosure hearing on 04/03/09; the mortgage co. refused to talk or response to any of my request to them for a modification since I ran into financial difficulty in Aug'2008. What can I do to stop the foreclosure and get...

03/16/2009 | Category » Foreclosure  State » FL  #15649
What are our options regarding our mobile home if we can not sell it?

We are being financially forced to leave the state. What are our options (can not sell) regarding the mortgage on our manufactured home?

03/18/2009 | Category » Foreclosure  State » MI  #15682
Is a deficiency judgment an option for a non recourse loan that has been defaulted?

In the state of Idaho, if a bank makes a non-recourse loan on real property with the property put up as collateral and the property goes into foreclosure, can the bank seek and receive a deficiency judgment?

03/23/2009 | Category » Foreclosure  State » CA  #15732
How do I find the true owner of my home now that it is in foreclosure?

I have disputed the trustee sale on my home scheduled for May 13th. I am desperately trying to negotiate a modification but they are no longer the 'true owners' of the note/deed of trust. They cannot tell me who holds the note. I got further notice that they plan to go ahead with...

03/29/2009 | Category » Foreclosure  State » AZ  #15807
What is a remodification of my loan?

My house was going into foreclosure. I applied for remodification and they said I qualified, but the remodification person never contacted me. In fact, I have never ever spoke to this person. What do I need to do to ensure my house is not foreclosed on?

04/05/2009 | Category » Foreclosure  State » NM  #15890
Options for house being Foreclosed after filing for Chapter 13

My husband and I filed a chapter 13 about 2 years ago. We have not been able to make our house payments and the repayment amount required by the court for the restructure. Our house is now in foreclosure. What are our options now?

04/14/2009 | Category » Foreclosure  State » ALL  #15997
What are my options to keep a home that I have been lease purchasing for 15 years?

I've been living at the same residence in Indianapolis on an unrecorded land contract for the last 15 years while faithfully paying property taxes, home insurance, and monthly house payments. Five years ago the holder of my contract arranged for another guy to pick up a new cont...

04/21/2009 | Category » Foreclosure  State » IN  #16086
Can my property be foreclosed on for fees owed to the Homeowner's Association?

I owe a little money to my Home Owner Association which is past due - they've hired an attorney stating he is going to foreclose on my property - he can put a lein on my property but can he foreclose on it?

04/23/2009 | Category » Foreclosure  State » FL  #16104
Can I file the Notice of Trustee Sale myself?

I purchased a deed of trust that was in default. I have already filed the Notice of Default and had no response. Can I file the Notice of Trustee Sale myself and use one of my entities as the Trustee? I would like to use your forms to file a Notice of Trustee Sale. I need to k...

06/03/2009 | Category » Foreclosure  State » CA  #16860
Where can I find information on eviction and foreclosure by a city inspector?

My house has been foreclosed on by the City of Rochester without any written notice. The city inspector called me and told me they are boarding up my property. They boarded up my property with my personal belongings in my house. I lost and the city inspector did not have a Court ...

06/05/2009 | Category » Foreclosure  State » NY  #16877
Am I Still Liable if A Mortgage Company Sells My Mortgage?

I have a dispute as to my mortgage company, Metlife homes, not being in possession of the original Promissory Note when they recently attempted foreclosure. When I sent a registered letter to their lawyer asking for copy of original promissory note their attorney sent me the 'agr...

06/14/2009 | Category » Foreclosure  State » NH  #16978
How Do I Stay Foreclosure of Homesteaded Property?

I need a stay order in connection with a high constable sale of my property as a result of a levy. I need to get this stay based on the homestead exemptions for me as well as my wife. In addition, my wife has an ongoing chapter 11 case. At least half of the items listed on the hi...

06/17/2009 | Category » Foreclosure  State » VA  #17041
What is the Cost of Foreclosure in Florida?

What is the approximate legal cost involved in foreclosing on real property in Florida?

07/09/2009 | Category » Foreclosure  State » FL  #17408
Does a Lender Mark Note Paid in Full After Foreclosure and Return to Borrower?

Is it a normal procedure for Banks to return the signed original mortgage note stamped PAID In Full to the borrower after a non-judicial foreclosure?

07/21/2009 | Category » Foreclosure  State » HI  #17692
Is a Landlord Liable to a Tenant for Letting the Property Go Into Foreclosure?

I signed a one year lease with my landlord and the house is going into forclosure 4 months before the end of my lease. Is he in breach of contract for not paying the monthly motgage and allowing the house to go into forclosure? Do I have to continue paying him rent?

02/02/2011 | Category » Foreclosure  State » NV  #24133
Do I have any recourse to redeem property after tax sale deed is executed?

My Property was sold at tax sale in 2009 I had no idea that it was until i receive overage notice in mail went to county they it was sold 2010 I had 1year to redeem an redemtion period was over. It was deed to new owner. How can i ge it back. They showed notices that they sent to...

04/29/2011 | Category » Foreclosure  State » SC  #24746
Cana New Bank Continue a Foreclosure After Being Assigned the Mortgage?

Bank A assigned loan & mortgage to Bank B. Bank A had started legal foreclosure before assignment. Bank B never recorded its new interest but continued the foreclosure suit under the now-non-existant Bank A's name. How can I get judgment vacated?

06/02/2011 | Category » Foreclosure  State » PA  #24956
Do Anti-Deficiency Laws in New Jersey Cover Second Mortgages?

Do New Jersey anti deficiency laws apply to second mortgages?

07/08/2011 | Category » Foreclosure  State » NJ  #25155
What Do File After I Get a Summons From a Mortgage Lender?

Hi, I have been sent a subpoena from quicken loans for the full amount owed on my second mortgage. My house has been foreclosed on for 2 years now and I am no longer associated with the house. I like many others came under hard time during the recession, including getting a divor...

09/06/2011 | Category » Foreclosure  State » AL  #25466