Real Property » Foreclosure Legal Questions and Answers
What is a Notice of Rescission of Declaration of Default and Demand for Sale and Notice of Default a
What does a Notice of Rescission of Declaration of default and Demand for Sale and Notice of default and Election to Sell mean? It is notice hereby given that the beneficiary does hereby rescind, cancel and withdraw said Declaration of Default and Demand for Sale...... Intent of Beneficiary that the above described Deed of trust and all obligations secured thereby shall remai...
05/29/2010 | Category: Real Property » Foreclosure | State: California | #22265Will a Bank Modify a Loan if a Person Has No Assets or income?
Our daughter lost her job last year, could no longer pay her mortgage on a house she bought in 2008 that was soon under water, and got a job in Maryland. Bank of America has move to foreclosure (still pending) and rejected three short sale offers. She is trying to get information from the bank but will little success. Now she (a single mom) wants to move back into her house. S...
04/29/2010 | Category: Real Property » Foreclosure | State: Florida | #21953Is it Possible to Redeem Commercial Property in a Foreclosure in Alabama?
On a vacant or unused piece of property being foreclosed on due to default on a commercial loan does the owner still have the one year right of redemption to buy the property back at the auction price in the state of Alabama?
04/15/2010 | Category: Real Property » Foreclosure | State: Alabama | #21796How Do I Stall a Foreclosure in Florida?
Me and my wife have been living in a rent to own house and our landlord/debtor has not made payments for 7 months although we have made 5 of the last 7 payments to him. We received a summons on 3/25 requiring us to respond in 20 days in written form and I would like to know what to put in in the letter to buy us a little time.
04/11/2010 | Category: Real Property » Foreclosure | State: Florida | #21742In Oklahoma how do I respond to a Notice of Default so I can stop foreclosure?
I need a response letter for a notice of default on a mortgage in Oklahoma. We have had an audit done and are in the process of trying to get our mortgage modified. The audit showed many law violations during the purchasing process. I need to respond ina way that stops the court proceedings. Do I need a 'Notification of Discovery Servie' letter for Oklahoma as well?
04/09/2010 | Category: Real Property » Foreclosure | State: Oklahoma | #21726In Colorado, can I ask my mortgage company to take a deed in lieu of foreclosure?
In August 2008 I had to move from my house. I had not made payments since Dec 2007 and my wife had just died a year prior with a 60% loss of income, I could not keep up with escalating mortgage payments. The house was supposed to be sold by courts the last week of August 2008. That sale has still not taken place and I am still on the hook for the home owners dues, taxes, and ...
04/08/2010 | Category: Real Property » Foreclosure | State: Colorado | #21723How Can I Avoid Foreclosure in Montana?
My son is in the military and is behind on his mortgage payments. He owes 162,000.00 on a property worth about 140,000.00. There is a first and second mortgage on the property. If this is foreclosed on will he be liable for what is not paid off with proceeds from the sale? This property is in Montana. He is also considering bankruptcy but this would be his last choice. He is ...
03/31/2010 | Category: Real Property » Foreclosure | State: Montana | #21619Can a Lender Still Collect After a Cancellation of Debt and 1099 Was Given?
I lost my home in Calif. to foreclosure in 2008 and received a 'Cancellation of debt' and the 1099 stating the cancellation amount from the mortgage co. , the property was sold sometime in late 2009. Yesterday I received in the mail a notice that the my old mortgage co. had sold my old account to another firm in Texas and they are trying to collect on the old loan. Can they d...
03/16/2010 | Category: Real Property » Foreclosure | State: California | #21421Can a Deficiency Juudgment Be Obtained in a Massachusetts Foreclosure?
You say that California has an anti-deficiency statute. A comment from a 'Massachusets user' says ' I can sleep better tonight.' But, does Mass. have the anti-def like Calif??
03/15/2010 | Category: Real Property » Foreclosure | State: Arizona | #21407Can we foreclose and if we do does the buyer by Indiana law have the right to keep a portion of the land for what they have paid for?
My father sold on contract our farm in Indiana to be paid by annual installments @ 7% interest. My father passed away and the buyer hasn't payed anything for 2 1/2 years to his estate. The question is: Can we foreclose and if we do does the buyer by Indiana law have the right to keep a portion of the land for what they have paid for? In the contract it is stated that the buye...
03/12/2010 | Category: Real Property » Foreclosure | State: New Jersey | #21368