Upcoming Foreclosures
California Foreclosure Law Knowledge Base
Legal Responsibility after Foreclosure. Is Florida law the same as California? My home is in foreclosure and wonder if my mortgage co. can try taking money out of my bank account?
After a foreclosure how much time by law I have? After my house when in to foreclosure June 30 th I got a visit from a real state agent that the lender hire, and he is telling me that I have to move in 10 days, by California law how much time do I have to move, after I receive the eviction notice ????
I just went through foreclosure in california. can collection agents call even if im protected by anti-def law I just went through foreclosure in california. can collection agents call even if im protected by anti-deficiency law? I keep getting calls from around 5 diferent collection agencies. Is there anything i can do? are they aloud to call? can i still be sued be the lender? any help would be greatly appreciated. I've seen yahoo users answers in past and you guys are actually pretty smart. Thanks, J-man
california law re: foreclosures? I am trying to locate the law that says if you get a house in foreclosure that all of the prior liens of record are wiped out by the foreclosure. That is true isnt it? I dont know about tax liens but regular liens are wiped out right? but i cant find the law to back me up. I know it is out there!
California Foreclosure- Judeciary or no Judeciary? how to findout? if the lender sends a notice of trustee's sale and nothing from any court. The lender buys the house in the public auction for far less than FMV. Does California law allow the lender to presue a deficiancy judgment since they bought it themselves instead of a third party bellow FMV? Received ONLY 1099A (WITH FMV HIGHER THAN BALANCE) but no 1099 C for the same year.. any help would be highly appreciated
What are the laws about buying a house after a foreclosure in California? How long after a foreclosure can we purchase another home in California? Any info would be helpful! :) Thanks
Am I protected under the anti-deficiency statute law in California if i defaulted on my mortgage? I'm one of those unfortunate homeowner who purchased a home during the boom and also got one of those adjustable mortgage. I've been paying my mortgage on time and am not behind on my payment whatsoever. But my payment will start adjusting in a few months and the value of the house has taken a dip and I was told if I want to refinance my current mortgage, I would need to come up with the differences in order for my bank to refi. So my question is this, if I'm not able to come up with the money does that mean I cannot refinance? Am I shit outta luck? I've been responsible for my debt and I got screwed over my loan because my former loan officer did not disclosed those critical terms and loan details. On the closing day at the escrow office, my former loan officer wasn't even there at the signing. She told me just show up and sign the documents and I was naïve and I did it. Do I have a case against this loan officer if I plan to sue her? The bottom line is, if I stop making payments and eventually foreclose the house, does the bank has the right to come after me for the differences that didn't satisfy the loan because of the anti-deficiency statute in California? Am I protected under that law? The house is my primary residence and it has never been refinanced. My current loan is an 80/20 piggy back loan, with a 2yr fixed/adjust every 6 months. I'm just worry that the bank will come after me for the differences if I do foreclose on the loan. Any suggestions? Ideas? Alternatives? Is there any way I can avoid foreclosure? Any government agency I can turn to for help? I'm very stressed out so please advice! Thank you!
What are California's laws on foreclosure? My girlfriend and I broke up and I can no longer make the $4400 dollar mortgage.
foreclosure vs chapter7 california? 'm 25yrs old, have zero credit card debt, no student loans just my house that has just received a notice of default. Which would have a greater impact on my credit score a foreclosure or chapter 7 bankruptcy filing? I know a bankruptcy lasts about 7 years but how long does a foreclosure last, or better yet how soon can I buy a house after foreclosure? I'm fairly certain that a bankruptcy would be worse but i'm concerned that my lender might try or has the option to get a deficiency judgment since I refinanced a year ago. From what I understand the lender has two options (California Law) a private sale or judicial proceeding. I'm hoping for a private sale which will pretty much keep me in the clear. How often do lenders go with a judicial proceeding? Let me reiterate: Which would have a greater impact on my credit score a foreclosure or chapter 7? How long does a foreclosure last? How often do lenders go with a judicial proceeding? Will there be any tax liabilities? loan is about 450k, homes are now selling for 300k in my area, will the difference be taxed as income If the lender goes with a private sale?
What are some of the best ways to protect personal assets in California? To make long story short, I’m facing a possible foreclosure on my first primary residential property in California. It’s a money purchase loan and it has never been refinanced. Due to the current California laws, I’m protected under what is called “anti-deficiency” law meaning once the bank foreclosed the property; they are not allowed to come after me for the balance that didn’t satisfy the loan balance after the sale of the auction. I want to be sure that my small personal assets are shielded from other unseen circumstances so here’s my question: I purchased a small residential parcel lot back in 2003 at a fairly cheap price in California using an owner financing agreement and it will be paid off next month. The grant deed will then be transferred onto my name and gets recorded with the county. What are the best strategic ways to transfer the title to me without the possibility of losing this property in case I get sue. The current value of this parcel lot is at around $45k. I don’t
California renter's rights if house is in foreclosure? If I am renting a house in California (I'm not sure if the laws are different in other states) and the house is in foreclosure and the owner has not paid the mortgage for the last 6 months. What obligation do I have to pay the rent? According to the California Department of Fair employment and housing I need to continue to pay the owner but everything I see in the media and the small amount of information I have read online says I'm not obligated to pay. What does the law say?
does any one know a company that will help stop foreclosure in California? my sister has missed her house payment for a few months now because my brother in-law lost his job but she wants to save her house what should she do? or is there a company that can help? she needs to come up on $5,0000 with in 30 days
When buying a foreclosure, can a real estate agent represent an investor in California? I'm in the foreclosure industry and a realtor just recently informed me that by law agents can not represent investors when buying foreclosures. Is this true? And what do you think the ratio is between investors to regular home buyers when buying foreclosures? Please advise
Proceeds from a foreclosure sale in California? If a lender in the 1st position foreclosed on a home, do they need to pay the excess proceeds (home was sold for more than the 1st loan) to the previous owner and 2nd position holders? Is there any laws on this?
What are the rights for a tenant who has just found out the house they are renting is in pre-foreclosure? A gentleman who rents another home from our landlord brought us information he and his wife had found on the internet that showed the house he is renting and the one my family is renting are both in pre-foreclosure. The owners are denying the houses are in pre-foreclosure when this gentleman asks. They won't return our phone calls. We live in California and are unsure about what pre-foreclosure means and what California real estate laws mean when translated into common terms.
How to do a smart foreclosure that there is no deficiency amount in the process as per California laws? My wife lost her income, and we can no longer make mortgage payments. I have 2 loans on my property. (loan 1 = 460,000 and Loan 2 = 60K). Loan 1 is a purchase loan, and loan 2 is a refinanced loan. Current property value is 320,000. I have been advised by a friend that if I stop making payments on the second loan, they would foreclose my house, and cannot come after me for the deficiency amount, and the laws of California would stop the first loan to go after me for the deficiency amount. Is that true ? Would it be the same for an investment property where I have a first loan of 280,000 and the heloc of 60,000. The property value currently is at 215,000 My friend's attorney told him that. Should I take his words on that, or how could I validate this information. Any web site ? Any other blog ? Help would be really appreciated thank you
Landlord Forclosed. Giving 30 day notice. But California Law says 60 day notice? My landlord had their home foreclosed. We saw a 60 day notice from the bank a month ago. But due to my father-in-laws english being weak he didn't fully catch the details. We asked about it and she denied any foreclosure trouble and still collected rent. Now a month later she shows up to my door trying to get my mother-in-law to sign a 30 Day notice to vacate (who BTW isn't even on the original rental agreement) Isn't she supposed to give us a 60 day notice? Apart from that. We've had this arrangement for utilities where we split the bills with her. But she is trying to take it out of our deposit before the bills even reached. By law isn't she supposed to give us the complete deposit, unless it was for repairs etc., rather than deduct stuff that isn't on the original agreement. Apart from all that. With the 30-Day notice, that we haven't signed yet BTW, she is cutting off all utilities within 2 weeks. before the supposed 30-day notice has expired.
What are my rights under California law as a surviving spouse? My wife died recently and she left a house in California currently with mortgage. She acquired the property prior to our marriage. She has a child here in the US and some children living in her home country. She left no will. The property has a mortgage bigger than its present value. In her work death benefits and profit sharing, she specified me as her beneficiary. Her life insurance specifies that the proceeds should go directly to her children. In view of the foregoing, my questions are as follows: 1. Do I have the right as a surviving spouse, to fight the lender on any foreclosure proceedings that they will initiate. 2. What is my status with regard to the house, death benefits and profit sharing. I am in quandry and I don't know what to do. Thank You.
Do I have to pay a pre-payment penalty on my mortgage while I am in foreclosure, in the state of California? I was charged $13K by New Century Mortgage for a pre-payment penalty when I sold my home just before (30 days or so before the actual trustee's sale date) it was going to sell at a foreclosure sale. My note did not specifically state something like: "the pre-payment penalty shall apply in a acceleration after default". I argued that fact with New Century Mortgage and they basically told me "too bad", the pre-payment penalty applies whether or not the note you signed with us states that it does or not. I did locate the Ca. Civil Code, section 2954.10 which states pretty directly what the law reads etc., etc. Any help on what to do? Where to go? A good lawyer referral near Auburn, CA? Thank You!!
About bankcruptcy law in California? I overheard a conversation about someone bought a house in LA during the good time and since the sub prime loan, she finds that her house instalment is very expensive as housing interests went down. So she decided to stop remitting monthly house instalment and awaiting for foreclosure and she would declare bankcruptcy. Now, what are the consequences would be if she really do that. What are the advantage and disadvantages..( I HEARD THAT SHE IS ON GREEN CARD)
CA foreclosure laws? My neighbors were busted about 8 weeks ago for cultivating over 236 marijuana plants. They moved out, but now it looks like they might be moving back in. At least until the Sheriffs Department comes to change the locks! Here is my California foreclosure question- when does someone actually enter into foreclosure? If these people make a payment one month, but not for 3 months and then make another payment and then skip again at what point will foreclosure kick in? It seems like an odd question. I know. I thought a person had to not make any payments for 120 days and then the home goes into foreclosure. But when I add a twist of making a payment here and there at what point does a foreclosure catch up? (Unless, of course they come up with all the cash in which case I know they can keep their home.) Thanks!
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How do I find out if the house I'm renting is heading into foreclosure? How do i find out if the house i'm renting is heading into foreclosure. Someone from the mortgage company came and took pictures and left a note for the owner to call for homeowner assistance. Is there a way I can find out for sure and is there some kind of law if the landlord keeps me in the dark. What are my rights in California??
I have been renting a house 4 a over 15 mos and the land lord sold it in a short sale to prevent foreclosure? How much notice does he have to give me, i heard the law in California changed and it is a 60-day notice instead of the 30-day notice if you have been a tenant for at least 1-year, someone please help, i have smaill children, any assistance in answering this question is greatly appreciated
California Lending & Mortgage Law? I took a line of equity from BofA in Aug 2007 and house foreclosed in Nov 2008. We made payments on the equity line till Oct 2008 but when the foreclose proceeding started BofA started penalizing us by adding $500.00 a month to our initial payments of $300 a month. Their explanation on penalty "due to foreclosure the penalty is being added" (even though we were never late on our equity payments). We called BofA and spoke with an agent and told them that we are willing to pay of they remove the penalty. Per BoA " we have put in a request and they will call us back". No one called us back and we stopped making our monthly payments. BofA never followed up and recently a collection agency out of East Cost called us to collect the debt of 52K. My initial loan on the house was 505k 80/20 and then the equity line of credit of 55k. The house was sold in an auction after the foreclosure in Dec 2008. Here are my questions: A: What can the collection agency do to collect the debt? B: Can they sue us in East Cost and we have to defend ourselves out there? C: Can they put a lien on our current property? We are looking forward to hearing form you.
have a homesteaded primary in vegas and have to foreclose on ca. 2nd home. can vegas home be affected? i have a home in las vegas that we recently homesteaded and we also left a home in california that we rented to family but familly has to move out and we are saddled with two mortgages. we may have to let california home go into foreclosure. im not sure what california laws stipulate after forclosure and what can happen to us. please let me know. thanks
Law office called Friday? Had a lawyer call from a law office demanding a payment in full of 16k by monday, this was in regards to a truck that got repo'd back in 97. I told him whatever! Then he told me that he is having my home appriased and get the bill out of our equity on our home. Anyone know California laws with this. This guy told me this could cause my home to fall in foreclosure. I got my home when my dad passed so i dont have a mortgage, very concerned.
In the state of California, when is it necessary to register/record a lease for rental property? We are tenants in a home with a One year lease that isn't up until next March but recently someone told us our lease isn't valid unless we have it registered. The place we are living recently went into Foreclosure and we need to make sure we are protected under the new law Obama passed. Is this true, is our lease invalid?
eviction after foreclosure, Unlawful Detainer needed or go right to Writ of Possession? I acquired a house by foreclosure due to due to lack of monthly payments by the previous owner for money I provided as a second loan. I had the previous owner served with a three-day "Notice to Quit" per CCP 1161a(b)(3) (California law). Five days later I began filling in an Unlawful Detainer (UD-100) and noticed at the bottom of the first page "Do not use this form for evictions after sale (Code Civ. Proc. para. 1161a)". My question is: what (California) form should I use to proceed with the eviction?
Cost to build pool house/guest suite/mother-in-law quarters in central California? I am buying a foreclosure for $120,000, its on a half acre and zoning allows for a separate structure up to 1,200 sq ft. Right now there is $70,000 in equity, and prices have been improving. In about 5 years I want to add a pool and a pool house/guest suite and I was wondering about the cost. The pool would be a basic in ground pool and put in during the off season. Basic pools run $15-20,000 during the off season, about $5-10,000 less. How much would a 1,200 sq ft pool house/guest suite be? And how long would it take to be built? Not luxury, or cheap quality, something in the middle. details below -The kitchen and front room would be right off the pool area, french doors, 10 ft ceilings, 12" or 18" tile floors, recessed lighting, 2 ceiling fans, built in book shelves, granite counter tops, maple cabinets, stainless steal appliances, etc.. -2 master bedrooms with walk in closets, and master bathrooms. Same theme as kitchen in bathroom (granite, tile, maple), recessed lighting, ceiling fans, etc... not sure on flooring, but I am thinking hardwood floors in bedroom. - In hallways there would be a half bath for use during pool parties (tile floors). Also storage space and a laundry room. -House pre wired for Aux, phone lines, alarm, and audio in front room. -The roof would have to be cement tile to keep the theme of the existing house. -A "U" shaped pergola would go around the pool and connect the house and pool house. The bottom part of the "U" would be the BBQ area (gas connection already there). - I was not expecting to do it for $70,000 that was just the current equity in the house. I was thinking around $100-130 sq ft. I will have to check on what is considered a full kitchen. I have friends that work in construction, but I am not sure on there availability. - I guess the items are more higher middle or entry luxury than middle. That is just to keep the same theme as the existing home. However, stainless steel appliances are still in the same range as black/white, tile can be had for $2-3 (12-18"), hard wood floors for ($3-5), and pre-wiring is cheaper than ugly monster cables later. I see Luxury as SubZero or professional grade appliances (6 burner stoves etc...), imported tile, exotic wood floors, antique book shelves, wood plantation shutters, etc... - There is enough room to drive a vehicle on the side of the house, but not a full sized cement truck. Maybe a friendly neighbor would allow a cement truck to drive thru the back of their lot (removing fence)
Ca homeowner eviction process? under California law Once a foreclosure begins and a stay is set due to a BK, then the BK is dismissed or discharged and the stay is released, how much time does a homeowner have in being forced out of the home? What is the process
Foreclosure and Lender recourse? My fathers house is going into foreclosure in California. He has a 1st of $375k and a 2nd Heloc of $50k. He received these two loans after a refi in 6/07. The refi only left him to receive $5k cash out that was all that was left in the Heloc the rest was used up in the loan itself and when back to pay the bank. Both loans are with the same lender. I know in Calif. there is a law that says the bank cannot put a judgement against you if it is your primary residence. Do does that mean that the only recourse they have is to use the property to satisfy the date?
I have a question about Obama's new law about modification loans and laws about houses.? My friend who lives in california has a disabled person/handicap in their home who lives in their home. they found a law in california that since a disabled person lives in that home, that the house no matter what circumstances cannot be put on foreclosure and that the bank can not turn down a request for a modification loan for that house in which the disabled person lives. I live in the state of Washington and I have a disabled person living in my house. What i was wondering was, does the state of Washington have that same law because i requested for a modification loan for my house and i have been turned down quite a few times. If washington has this law, where can i find it?
I need help with writing up a pleading for a Motion to Extend Stay on a Foreclosure. Good Samaritan Attorney?? I work at an Attorney's office in Northern/Bay Area California for a family law attorney. However, I need Bankruptcy/Foreclosure help and I don't think the Bankruptcy attorney at my office is too keen on helping for free. So I've done all the research I can but I would like some help please, for those of you willing to give some legal advice. My parents ligitimately were granted their Chapter 7. However, my dad has many health problem's and has been in and out of work and hospitals lately, not to mention he retires this year. My mom is younger but has had back problems, cancer scares and had been recently attacked and physically assaulted and can't work at night due to trauma. They ligitimately could no longer afford to pay their home. Although they have been trying hard to find ways to rent or lease a home ever since they knew their home would foreclose, they have been having trouble as their creditor Motioned for a relief from stay about a couple of months ago. According to public records they received their Notice of Trustee's Sale on Aug 14th, 2008, but I'm not sure the date of the sale (they have 3 weeks??). I've prolonged typing up a Motion to Extend and am still not only unsure of how to type it up, since I am only an Attorney's assistant 6 months long. Not only that, I'm not sure if it's a Motion to Extend that I should file. I'm also interested in filing a Request to Produce Documents if I still hve time to seek proof that the lender physically has possesion of the note. Do I have time to file that if the Trustee's Sale has been issued? My guess is my Motion to Extend will be formatted as a Declaration declared by my father with Exhibits as to why he needs and requests the motion (two children still living with him at home, both in college; one grand daughter firmly emotionally attached to grandparents, therefore having hard time finding new home to accommodate them, children, and granddaughter... their inability to work steadily due to health problems and proof of hospital stays and health conditions; my parents gave their stimulus check to my sister for the baby and to help her get a car to commute to school because she'd been walking and taking the bus this whole time, etc.) Ladies and Gentlemen, if I were to want to file this by tomorrow or Friday morning, do I stand a chance? Am I filing what I need to file correctly? I am but a mere college student myself - my job at the law office is only 2-3 days a week otherwise I'd financially help my parents myself and get them the proper legal help they need. They had earlier consulted with a shady legal "advisor" in which the preliminary hearing recognized and allowed them an extension to file their paperwork. But currently, if they are to get kicked out, they don't have much options where to go, I can't see my family out on the streets - no real local family for help, I live in a tiny studio with 500 sq. ft. to call my own.... my sister is still interning and will graduate shortly, having regular garage sales at home to help pay for gas and diapers, and my brother stopped working 20 hours less to finish his last transfer year in college to become a police officer or firefighter. Please help if you can and anything that you could reliably offer would be greatly appreciated. I know this was long but I've been up for hours typing this and I need a helping hand so bad. What can I offer in return? I photograph.... I do freelance graphic design.... just ask. Thanks and I appreciate and anticipate your response. -S
Short sale of foreclosure? What is the best option? I am aware that in California they passed a law about a year and a half ago where if your home foreclosures you are only legally bound to pay back the loan if you refinanced and took equity out not on your original purchase loan. That being said we can still make our payment but the neighborhood is getting really bad with gangs violence and break-ins. I am 20 something female whose husband works nights & I can't sleep at night anymore since this has started & I think it will only get worse on a house that is now worth 50K less than we paid for it. So would it be better to walk away or see if the lender will accept a short sale. In a foreclosure do they send you a 1099 to get taxed on the difference? Because of the area we live in our houses will be the last to have value return. So we'll be stuck there for the next 10 years probably & to top it off we have an ARM that we were told how easy it'd be to refinance before it resets so I fear 3 more years it will be too much $ anyways Thank you for the concern but I would rather have to live with a foreclosure for 7 years than live with not being able to sleep at night or every go out of town or in a worst case scenario live with being raped for the rest of my life. So please answer what I asked not tell me no don't do that. The values since the neighborhood is so bad are not likely to rise for another 6-7 years. I can't stay and wait for it to get worse and worse.
Foreclosure with 80/20? I bought a condo with an 80/20 loan where both loans are from the same lender. Both contracts say "purchase money" on them. I can no longer afford the payments and cannot refi because I am upside down on mortgage. If I cannot short sale and it forecloses, can the 80 loan foreclose as it's one action law in California and then the 20 loan sue me because of the one act law in California?
Where can I see crime statistics for LA County by zip code? My father-in-law is tempted to bid on various foreclosure homes in Los Angeles County, but I've warned him that instead of just going by what the house looks like, he should see whether it's in a safe neighborhood. He's new to Southern California, so he doesn't have a good sense for this. I've looked online for sites that show crime statistics by zip code, but I haven't found anything that's clear. Does anyone have any recommendations?
In Foreclosure, Need Some Advice.? It was a really bad year for our family. Job losses, thousands of dollars in unforeseen expenses, loss of a huge sum of money in a bad investment, and the recent increase in house payment had forced us into foreclosure. I was wondering since we live in California is it possible under our state law that the mortgage company can come after us for the balance after our house is sold for lesser amount? What should we do now ? Is there anyway we can start to build our credit again ? What steps from here we should take to sort of restart again ? The fact of the matter is that we lost so much money and so many bad things happened that I have broken down inside. I don't know what to do now. I will really appreciate any good advice.
Who can tell me the California procedure that I will face because I have not paid my rent? Im renting a house that is in the beginning stages of foreclosure. It's been put up for a short sale. I asked my landlords to consider making an exception in releasing my security deposit to me upon moving rather then going w/ their normal walk through AFTER house is empty and then giving to tenants in 2 weeks. They have refused to budge on that so, my husband and I decided to let them keep it and we won't pay them rent for the last month we are there. We signed a new lease for June and plan to move. I have not submitted a letter or called our landlord but they left me message today to contact them by tomorrow or they will send a letter to vacate. Now, here is where I need your expertise; hopefully from someone who has recently been through this similar situation. On a Month to Month lease- will they issue a 3 day or 30 day notice? second, if it is a 3 day notice and I don't move by then what happens? Can they show up at the door? I basically want to know if I will be ok until the end of the month at least. But would like 30 days if possible. We've been good tenants and had no choice to do things this way.... Please only respond if you really know what the California Tenant/landlord laws are. Please be specific to detail. Thanks for your help. Ok people, I know what would happen in court but I'm not letting it go that far. So, if you are a landlord or property mangr. then I don't want your opinion probably. I need a response from someone who can get me through this w/o going to court. ....and again, they technically have rent from me for this month. They're house is in excellent condition and will be left clean and better then they gave it to me! I would not be moving if they didn't stop paying on their home which has now lead into foreclosure.
California Forclosure Laws"? My friends uncle is in a situation. He is a Spanish speaking man who lets his wife pay the bills. Last weekend, the local newspaper listed a foreclosure notice in the paper for the property. When he found out, he told his wife about the notice. His wife, told him it was a mistake and she'd call the lender to confirm it. She told him it was an error and that the house wasn't being foreclosed on. I believe the house is being foreclosed on. The auction is set for nov, 22nd. How can this be fixed? My friend's uncle has the money to come current on the loan, what steps must be taken? I am not looking for answers that talk bs about my friend, I need to find out how my friend can get his uncles house saved. Please answer ASAP! my friends uncle has no time to waste!!!!
buying Foreclosure homes ? me and my husband are planning on purchasing a home for our new little family, It will be me, my husband, our 4 month old little girl, and my father in law. We are planning to look for a 4 room home in santa clarita california, or anywhere from there(because thats where my husband works) through LA (thats where our family and friends live). My FIL wants us to purchase one in palmdale, but we think its too far from my husbands job, and we go to LA every weekend so thats so much gas, he says their cheaper in palmdale. I have heard that thats true. But i dont like my husband taking an hour to get to work and get home. so i was wondering if foreclosure homes are cheap in any area? And how does purchasing a foreclose home work? Can you just call the real estate agent and tell them you want it, or do you have to go to an auction and bid for them? i have been checking out websites about foreclosure homes, and i was wondering if where it says "price", if thats the price of the house? or is that the price in which the bidding will start?
Our rental home is in pre-foreclosure? Febuary 1st of this year we moved into a rental home owned by a life-long family friend. Our rent is fairly inexpensive for a 3 bedroom 2 bath ($850) in Redding California. We paid a security deposit of $500 (also inexpensive) before we moved in. We have been paying rent on time every month. At the beginning of this month our landlord asked us for a copy of the lease (6 month lease), saying she can't find hers. She also asked us if we were interested in signing a longer lease for a year after this one is up. We told her we would love to. We didn't think anything was going on until we found a "Notice of Trustee's Sale" on the front door a few weeks ago. In the notice it says "On June 29, 2010 ............. will sell at public auction to highest bidder........." It says the notice of sale is $134,743.51, which I am surprised... I remember when she bought this house 20 something years ago. I figured it was paid off. I sent the landlord a text telling her about the notice, she text back saying "I am pretty sure I know what is up. I will get back to you" She never did. Two weeks ago my husband and I got a certified letter saying the exact same stuff as the "Notice of Trustee's Sale". I sent the landlord an email telling her. She wrote back "I'm so sorry! I have taken care of that but it looks like the release has not been received by the selling agent. I will make a call and if there is a problem I will let you know...Once again I'm very sorry!" I didn't hear anything back, so last week I sent her an email saying "Have you heard anything"... to which she never responded. I know she has been online too because she has commented on several of my facebook photos and status updates... lol I have looked at several of those 'foreclosure' websites, and our rental home is on every one of them. I asked a friend of mine that is a mortgage lender and he told me to just wait it out and see what happens. My sister in law is a Realtor and she told us to stop paying rent and just wait it out. Tuesday is the day that it is suppose to be auctioned. I am worried that we will have 3 days to pack and leave... Kinda hard to do when both my husband and I work full time, my husband is a full time student and we have children ya know... I guess my question is... what is going to happen on Tuesday? Do you think maybe she worked it out with her bank but just forgot to let us know? Dang... expert Realtor... HARSH! I will pray that more friends come into your life so that you aren't such a meaner... I did call the number on the notice, it was just pre programed information on when the Auction was, and at the end of the "pre programed information" it said that basically said that the information was not certain. I also am curious as to why, if we were paying her, why the mortgage is behind so much. If a bank, or private party purchases the house, could they increase the rent amount on the lease? Or ask for more of a deposit? I too am worried if we get a 90 eviction notice, what we will do. If we have to pay rent every month how then could we afford to move? To put a security deposits and first months rent on another rental? LOL! This question has turned into a novel!
Renters rights when house goes into foreclosure? I just found out today the house we have been renting for over 2 years is going into foreclosure. The wonderful landlord didn't even say anything, I had to find out by accident. I know I have to move, which really stinks with having 4 kids and a shortage of rental properties. My question is do I still have to pay him rent until I do move? It's obvious he will not be able to pay me my security deposit back if he can't make his payments. Can I just live here for 4-6 weeks until I can find a new place? BTW- I live in California. If anybody knows specific laws or websites I could look at, I'd really appreciate it. Thanks a bunch!
Transfering title and foreclosure? My husband and I live and own a house in California. We want to foreclose our house but don't want our credits to be ruined. My in-laws offer to take the house then do a foreclosure (they are not worried about their credits being ruined) but how do we do that? Can I just transfer the loan document and the house to their names? Thank you
If a rental went into foreclosure and the new owner wants me to leave, legally what are my rights? So, my friend rented a room from a homeowner and paid 2 months up front and a deposit (11-1-09) and then the owner moved out on 11-12-09 and some man came over on 11-19-09 and said I needed to move and that he bought the house (which was supposedly in foreclosure). I contacted fair housing and they are saying that he needs to uphold the lease, which is a year. Now the new owner- who has shown me no paperwork- keeps coming over and is now harrassing her and the other roommate. My friend is a single mom of a 5yr old and the other tenant is an elderly disabled woman. What does she do legally? This man is threatening to kick the door in and change the locks. We are in California so I know that rental laws are in place to protect the renter but who do you call?
Short sales vs Foreclosures? I am looking for good websites that will hopefully steer me in the right direction, i.e., whether to do a short sale to save my credit or foreclosure (even though they can still come after me for the balance on a short sale). Websites for California Laws regarding such would be great as well.
quitclaim california? my husband quit claimed when i purchased my home. The deed reads "married woman as her sole seperate property. My husband co-signed for my father in law's home, which is now facing foreclosure. Can my husband's lender come after my property ?
My landlord in foreclosure, but short sale is pending, how many days do I have to move? I know lots of people are entering this situation, and I have read a lot on the subject - but lots of different answers can be confusing. My landlord went through Notice of Default and Auction Sale date has been postponed once now as there is a short sale offer that is pending by a Real Estate agent representing my landlord. I know there are different rules and laws for Federal, California state, San Diego County, and my small city outside of San Diego - where I live in Spring Valley, CA in east San Diego County. 1-Question - If the short sale is made before the next auction date, how many days do I have to move out of the house? 2-Question - If the short sale does not go through, and the house is sold in auction next week, how many days do I have to move out of the house? 3-Question - If both short sale does not go through, and bank does not accept bids at the auction (bank keeps the house to try and sell it for more than was bid), how many days do I have to move out of the house? I know there are many smart people on this subject out there, especially in California, and I really appreciate your help and good answers. Thanks, Tenant of Foreclosed Landlord in San Diego Forgot to state another pertinent fact - I do not have a lease, it expired years ago and we are on month-to-month. Seems like the pattern was dependent on having a current lease. Does not having a lease change the answers?
Questions about Foreclosing and short sale of a Home? I have several questions regarding a foreclosure and short sale... 1. Will there be a problem when you foreclose a home with an existing equity loan? 2. Is there any legal problem when you foreclose your home with current loan/mortage, and with equity loan? 3. Is there California law that prohibits a home owner from foreclosing his/her home? 4. Do you have to justify when foreclosing a home with an original loan currently being paid for on a monthly basis? How about a home with higher loan due to equity loan added to the original loan amount? 5. Lastly, how do you put your house in a short sale with existing equity loan? Is there any legal problem when you put your home in a short sale with current loan mortgage, plus with equity loan? Thank you for any answers you can provide.
I purchased purchased my home in 2000. The deed reads married woman as sole and seperate property.? My husband filed a quit claim when I bought the home. In 2005 , my husband co signed for my father in law when he refinanced his home. They are now facing foreclosure, since california is a community property state, can the lender on the foreclosed home attach my wages and come after my home????
Ethics aside, what is keeping me from walking away from my home in California? I bought a home in a shitty neighborhood in Northern California 3 years ago for $460,000. I owe $373,000 on it now. My house just appraised for $250,000. I had a baby in 2007. My outlook on life has TOTALLY changed. I'm now thinking "oh God, there is NO way I want to send him to the public schools around here or have him grow up witnessing the way people around here act and talk in public. (lowwwww claaass, THE definition of it, trust me) I cannot refinance and my mortgage company said they are not willing to adjust my loan because I make too much money and have no credit card debt and no car payments (yeah, im totally bragging for those of you who sit on yahoo answers reading questions all day trying to come up with clever put downs). My credit score is 790, I have NEVER EVER missed a payment in my life, we have mortgage protection, life insurance, everything we need to cover our ass if we can't make our mortgage payments. I have enough cash to put down on a HUGE house in a BEAUUUTIFUL neighborhood. My mortgage payment would be $1,000 LESS than the crappy house i'm in now, I would be able to send my son to a public school in the area and I wouldn't be surrounded by "ghetto-ness"... yes, that's a word... lol. If you lived here, you would SO know what I mean. I was only 22 when I bought the house... that should explain everything.. Woooops, im human, i made a mistake... but its ALL i could afford at the time. My father-in-law has offered to use his credit and our cash to put us in the house of our dreams. He already owns his house, all the investment properties he wants, a retirement home, a vacation home, has a sh*t load of cash, so he wont necessarily "neeed" his credit any time soon. We would only be "using" his credit for 2-7 years until we can assume the loan. I heard you are eligible to apply for a new home loan in 2 years now that foreclosures are "the in thing" lol... but i dont trust much of what I hear on the streets so i'm going to say "2-7 years." MY QUESTION for any tax consultants, mortgage professionals, lawyers, anyone out there who can help with USEFUL information, etc.. what are the down sides to this? Retarded comments/worthless information will be disregarded. THAAAAANK YOUUUUUUUUU : )
Is it legal for a mortgage broker to pay for a potential client's mortgage payment? My mother in-law was working with a person in L.A. He paid her mortgage out of his bank account, under the impression that he would be able to get her loan done. When he figured out that he couldn't get the loan done, they set-up an arrangement for her to pay back the money. Well, the bank then took the money out of HIS account for the next two payments. When he realized this, he called the bank and said it was fraud. They took the money back, and she was suddenly three months behind, and got a pre-foreclosure notice. I know that the California Department of Real Estate has some pretty strict standards and rules. Can she sue them for some sort of malpractice? If not, what can she do? She has proof that the money was co-mingled, and her 740 FICO score has now been dropped to the low 600's. I am looking for help from someone with experience in this field. We live in the San Francsico Bay Area, and this guy's office is in Irvine, Ca. Please help!! To those who have answered............. He did not LOAN her the money. He told her he would pay the mortgage. I have personally paid for the mortgage to be caught-up and up to date. She was taken advantage of because of her age. AS far as the responsibility factor is concerned. A cheap, filthy, mortgage broker who will lie through his teeth should take responsibility for thinking that he can take the easy way out of everything. My wife is a real estate agent, but she doesn't mess with loans. We were on vacation when this happened. We came back and thought it was taken care of. Now, months after the fact, I have paid $6,500 out of my own pocket, and he is telling everyone in his company that he doesn't know her. This gives everyone in the mortgage business a bad name. THis is just unethical, and from my research co-mingling money is ILLEGAL. That is exactly what happened here, and I need to make sure. My lawyer says I can get DRE to revoke their license with my proof. But I hate to mess with someone's livelihood. I just think that his responsibility factor with all of this is just sad. So, to those of you wanted more info........I hope this is enough for you.
My neighbor lost her condominium to foreclosure. The lender's people broke into my condominium. What recourse? I live in San Jose, California. The lender sent some low life thugs to clear out all of my neighbor's possessions. Instead the lender's thugs broke into my condominium. I told them they were on the wrong property. But they threatened me and told me the lender had told them to take all of the personal belongings and dump them. I called the San Jose Police on the phone. The people at the police department said that the lender had the right to do that and warned me not to interfere with them. I could not make them understand that these thugs were on the wrong property and my condominium is not the one that was foreclosed. The condominium next door to mine is the one that was foreclosed. The San Jose Police would not even sent a Police Officer out to check to see if these thugs we legitimate or just criminals breaking into my home. These thugs took all of my furniture appliances, clothes, family pictures that go back over 30 years and some items that my children had made over 30 years ago that have great sentimental value to me, but have no monetary value. These thugs had no identification and would not even tell me who the lender is or give me any contact information for the lender. I did check with a title company to find out who the lender is that owns my neighbor's condominium. It turns out the lender is out of state. The telephone numbers that the title company had for the lender have been disconnected. The only working number that the title company had for the lender goes to the sales people for the lender who tried to sell me a mortgage. My condominium is completely paid off. I do not have a mortgage. If I did want a mortgage these thugs a re the last people that I would get a mortgage from. What recourse do I have to get my furniture, appliances, clothes and all of my personal property replaced? What recourse do I have against these thugs who broke into my home and threatened me? I asked this question yesterday in the law and ethics section, but the responses that I got were rather disappointing. I am hoping that the real estate people might have some better suggestions than the "legal eagles" in the Law and Ethics section. To not you 311 I did call the Police. They would not respond because they said the lender had the right to do that. To Pureor lady: I tried to call the lender but all of their telephones have been disconnected except the number to the salespeople who would not help me after I told them I did not want a loan. I suspect that is the reason that this lender appears to be almost out of business. To Smart A$$: I called the Police Department directly instead of calling 911. That was probably my big mistake. In hindsight I agree, I sould have called 911 instead of calling the Police Department Directly. To Denverlmc: Thank you. Yes I did get their license plate although when they saw me writing down their license plate number they became very angry and threatened me some more.
isn't it against the law?? .. my house was in a foreclosure sale jan.8, 2008. i move out before that date... but i have some more possessions inside the property. since jan 8, i was calling my bank, to ask them when is my last day to stay in the house so i can get my other stuff, (because i need to schedule the pick up since i need help to carry the stuff)... then today jan 16, i stop by to pick up my stuff... i found that they change the locks and cleaned out the house and all my stuff is gone. they didn't inform us either.so what should i do? what is my right? please help? i am from california... thank you all. there was no eviction date yet.
If you bought someone out on a primary residence, is it a money purchase loan protected by California anti-def anti-deficiency law meaning once the bank foreclosed the property; they are not allowed to come after me for the balance that didn’t satisfy the loan balance after the sale of the auction. So I originally purchased the house in 2002 with my wife. Then she wanted to leave so I bought here out to transfer the title and mortgage to me. An additional 30k in home equity became part of the new mortgage and was paid to her. The sellers were listed as herself and me and the buyer was listed as me but with a different form of my name. Does this financing count as a money purchase loan that is protected against deficiency judgments in foreclosure or is it just a refinance that would have no protection in foreclosure? I have paid off around 20k of the total mortgage. Does that mean they can only come after me for 10k now in foreclosure or can they come after me for the full mortgage amount of 260k?
Do banks have to accept registered US treasure notes as a form of payment? We sold our 2 homes to an investor that has paid off our lender with a promissory notes backed by registered US treasury bonds. We understand that our lender must accept this form of payment under federal law but not state law. (California) So far they have not and they began foreclosing on us and suddenly stopped the foreclosure process in mid stream. The investor says he will fight the lender until the case goes to federal court. He is paying full price and then some. We have contacted several government agencies including the FBI and no one will say that this is true or untrue or even a fraud. Can anyone shed some light on this. Thanks, Gandi
Bankruptcy I have a 120K judgement (from a foreclosed mortgage) against me, wage garnishment and credit debt.? I have a judgment against me from the second mortgage holder on an investment house I bought that was foreclosed on. The first mortgage company foreclosed and sold the house (in Nevada) at auction. The second mortgage company didn't get settled thru foreclosure because of some law in Nevada so they came after me and won the judgment 120K. Now they have garnished my wages and I am barely making it (Single income, three kids high rent in So. Cal) I do not have ANY assets, and do have large credit card debts and reside in California. I was asked if the judgment was non-dischargeable- it does not say non-dischargeable. Is it my only solution to go bankrupt(not credit consultation nor counseling) 1) I'm not sure if I which chapter I should file under. 2) I do not have money for a highpriced lawyer- what are my options? (I have found flat rate attorneys and cut rate bankruptcy specialists) 3) What questions should I ask of prospective legal help before I commit to one service/attorney? Oh, more info, the home was bought on little down with our very good credit. There was no equity in it but was in an area of high rising appreciation (three years ago). But one day the developers of the housing tract lower the prices of the newest tract accross the street. They cut the price of the new identical homes by 100,000 dollars. We found our investment home devalued by 100,000 overnight and had aprox 90k in negative equity. We were previously renting it for a 300.00 a month loss- banking on quick equity by appreciation.
Would my foreclosures prevent me from getting a tourist visa for my in-laws to come to the USA? I am a US citizen and my wife is a US legal resident. We would like to invite my in-laws to California from Iran for a short visit (they were here 4 years ago for a visit) My question is if I am sponsoring them to come here and I have 2 homes that have gone to foreclosures, would that affect the chances of them getting a tourist visa. We make decent money ($70,000+). Does the State Dept who issues visas even care about my foreclosures? Thanks for any help!
Bankruptcy question? Hello, My father owns a home in Nevada(second) and another home in California(primary). The home in California is going into Foreclosure. My question is my father would like to know if he files for a bankruptcy and includes all his credit card debt which is aprx. $25k, will the bankrupcty court or judge make him take out equity/or sell his other home that is in Nevada to pay off the debts? I know the laws have changed and would appreciate any help on this. Thank you all in advance, Rudy
Husband broken promise? Should I give up on him? First sorry for the grammar. English is not my first language and I'm still learning it. My husband and I got married May of last year. As soon as we got married my mother in law moved in with us and abandon her house (went into foreclosure and quit her job) and made my life miserable. She pick on my cooking (she said it gives her heartburn), expect me to clean the whole house (even her room) while she sits in the couch and eat. After six months of maltreatment I asked my husband if we can moved to renta place without his mother. My husband agreed and we got an apartment in addition to the house that we bought for the two of us that my MIL invaded. My problem is as soon as we got the apartment my mother in law started acting out-crying and threaten to kill herself if my husband left him. I moved in to my new apartment in January and my husband promised me that he will followed me in two months. He told me he will need to prepare him mother to the transition. Almost six months now and my husband still living on our house with MIL and me ended up living by myself in our rented apartment. I really feel hurt about this...I feel my husband have chosen his mother over me. I feel like my husband will never found the courage to fight for me and this is a battle I cannot win. Should I give up on him? I love my husband but his broken promise hurts me and I feel numb on my feeling about him anymore. My mother in law is 50 yrs old. My husband and I met in NY and after 2 yrs of dating we got married and move closer to his mother in California. Thanks for reading.
What are my rights as a homeowner who is being foreclosed upon in CA? A quick summary: We tried to sell our home via short-sell but were unsuccessful in doing so -- the next alternative would be foreclosure which we're completely aware of. We live in California and were visited last night by two men who claim to be the new owners of our foreclosed home and were asked if we could vacate the house four days from now. If we failed to do so, an unlawful detainer would be filed against us that would make it difficult to even rent an apartment. We were quite surprised when they dropped by unexpectedly and told us the news -- I thought we should've received some kind of notice of sale from the bank, as well as a posting on the door, but we didn't receive anything of that nature, honest. The question: What are our legal rights? Are we required by law to move out in four days (which is an absolutely unrealistic timeframe)? Where can I find more information about our rights? Searches on Google turned up links with tidbits of information and solicitations for foreclosure "experts". Thanks, Chris Updated to add: I called the lender who forwarded me to their foreclosure attorney -- the house was indeed sold at auction. I was able to get the trustee sale number from the attorney, which I cross-checked with the lender who confirmed the sale. So this much is true: I'm not being scammed. I'm just wondering now how much time we have to move out? Does California law truly give one only 3 days to vacate the premises?
In California, can a person who lost their home to foreclosure buy it back from the next owner? I am told that this is the case in the state of Washington. The previous owner who lost it in foreclosure has up to one year to buy it back for what the new owner paid for it. The new owner HAS to sell it back for that price! I want to buy foreclosure properties in California and flip them, but don't want to put a bunch into it and have to sell it to the previous owner at a loss. Does California have this law? Guess I have to state this. I am NOT asking for free legal advice, nor am I asking what such a law states if it exists. I am ONLY asking does anyone know if there is such a law in California, that's all!
What do you think of illegal aliens and subprime loans impact on economy? http://www.nypost.com/seven/09242008/postopinion/opedcolumnists/illegal_aliens__the_mortgage_mess_130482.htm There's one villain that has slipped notice: how illegal immigration, crime-enabling banks and open-borders Bush policies fueled the mortgage crisis. It's no coincidence that the areas hardest hit by the foreclosure wave - Loudoun County, Va., California's Inland Empire, Stockton and San Joaquin Valley, and Las Vegas and Phoenix - also happen to be some of the nation's largest illegal alien sanctuaries. Half of the mortgages to Hispanics are subprime. A quarter of all those subprime loans are in default and foreclosure. Regional reports across the country have decried the subprime meltdown's impact on illegal-immigrant "victims." A July report showed that in seven of the 10 metro areas with the highest foreclosure rates, Hispanics were at least one-third of the population; in two of those areas - Merced and Salinas-Monterey, Calif. - Hispanics comprised half the population. The National Council of La Raza and its Development Fund have received millions in federal funds to "counsel" their constituents on obtaining mortgages with little to no money down; the group almost succeeded in attaching a $10 million earmark for itself in one of the housing bills passed this spring. The Washington Post noted in 2005: "Hispanics, the nation's fastest-growing major ethnic or racial group, have been courted aggressively by real-estate agents, mortgage brokers and programs for first-time buyers that offer help with closing costs. Ads proclaim: "Sin verificacion de ingresos! Sin verificacion de documento!" - which loosely translates as, 'Income tax forms are not required, nor are immigration papers.' " Fraudsters also have engaged in house-flipping rings using illegal aliens as straw buyers. Among many examples the FBI cites: a conspiracy in Las Vegas involving a former Nevada First Residential Mortgage Company branch manager who directed loan officers and processors in the origination of 233 fraudulent Federal Housing Authority loans valued at over $25 million. The defrauders made and submitted false employment and income documentation for borrowers; most were illegal immigrants from Mexico. To date, the FBI reported, "Fifty-eight loans with a total value of $6.2 million have gone into default, with a loss to the Housing and Urban Development Department of over $1.9 million." Thanks to lax Bush administration policies allowing illegal aliens to use "matricula consular cards" and taxpayer-identification numbers to open bank accounts, mortgage fraud has grown. Money-lenders still have no access to a verification system to check Social Security numbers before approving loans. In an interview about rampant illegal-alien home-loan fraud, a spokeswoman for the US General Accounting Office told me five years ago: "Considering the size of Los Angeles, New York, Chicago, Houston and other large cities throughout the United States known to be inundated with illegal aliens, I don't think the federal government is willing to expose this problem for financial reasons as well as for fear of political repercussions." http://www.americandaily.com/article/23278 While offering credit cards to people who are here illegally and lack Social Security numbers, Bank of America has been offering checking accounts and even mortgages to illegal aliens for years. Lending giants Wells Fargo and Citibank are among those who have also extended home loans to illegal aliens. In 2005, President of Immigration Matters Marti Dinerstein, angry over this practice, told CNN: “It’s institutionalizing illegality. Now there’s no distinction being made between the people that follow all the rules and those who break our laws by entering the country or overstaying their visas.” An American cannot obtain a mortgage loan for a home unless he or she has government issued identification, established credit, and verifiable income. However, for several years, the banks have been giving mortgages to illegal aliens who lack all of these things. Now they have a bailout so will illegal aliens ultimately benefit? Off our tax dollars?
Do you ever regret becoming a parent? Why? I am asking this because my SILs seem so misreble since they became parents and they are in their 30s! They push the kids off on anybody who will watch them, they have all filed bankrupsty, had cars repo'd, foreclosures, etc and they all say it's because they can't afford to live and have kids. They all seem sooooo misreable, my one sister in law left her baby with my in laws while she took off to California for a couple of months on what was supposed to be a short trip. The weird thing is, these are intelligent, college educated people. Do they hate themselves or really don't like being parents? I don't get it. Why did they have kids if they didn't want them then? B's: I have no children and my husband and I want it to remain that way. I understand what you are saying. That's one of many reasons I don't want kids, I'm in the mind set of 'why mess with a good thing'? I've got a great marriage and don't want anything about it to change.
What can i do about my mortgage company adding and charging me for homeowners insurance when i already have it? What can i do about my mortgage company adding and charging me for homeowners insurance when i already have it and showed them proof. I got my loan modified and my mortgage company asked for proof of homeowners insurance, which i had and was paid in full for a year. I submmited proof numerous times and they didn't except it. Finally the last time i submitted proof i didn't hear from them. So when it came time to make my first payment after my mortgage was modified i found out that they where adding on homeowners insurance even though i already had it on my property. I got help from a foreclosure specialist and they got my payments lowered from $2,300 to $1,700 per month but right before i went to make my first payment to my mortgage company i called the people who were helping me with my modification to confirm the payment amount and at the last minute they tell me that instead of $1,700 its now going to be $2,247 because my mortgage company added H.O.I to the payment. I told the guy thats rediculous isnt that against the law for them to do that and i asked him what i should do and he said i should just pay it. Which i couldnt. I did make about 5 payments until i just couldnt do it anymore. So now i'm losing my property again i already recieved the notice of trustee sale. I really had my hopes set on that $1,700 a month. I signed a contract between me and my mortgage company stating that i the owner of the property would be responsible to pay the property taxed and the homeowners insurance on my own. That modification was back in march of 08. I really dont know what to do or who to talk to. I dont know if a foreclosure specialist is the people who i need to be talking to. I am the first person in my family to own a property and this is the first property i have owned and i'm very young and naive as you can see. So what should i do who should i talk to? By doing research I also found out that my mortgage company has class action lawsuits against them for this same reason. I also know i should talk to a real estate lawyer but how do i find one. Just open the yellowpages close my eyes and point??? Its so frustrating!!! Its so complicated for the average person to understand whats going on and how things work. You need to take real estate classes just to own a house just to know whats really going on and what your getting yourself into. Any advice would be great thanks....and i live in the state of california by the way. Dana R that is exactly what i did!!! They didnt except it!!! And i am sure that its homeowners insurance not PMI! That is why they asked me for proof they wanted updated proof which i gave to them. As a matter of fact i had just paid my H.O.I and for a full year at that. After submitting the decleration of insurance time after time i finally asked the insurance company which is farmers and asked them to fax it themselves and they did but the mortgage company still didnt except it. And my rep from farmers even said that something doesnt seen right and its really fishy that they dont want to except it! I did my part it the mortgage company whos messing with me!
Landlord/Tenant Rental legal advise, Re-posted? I re-posted this because I've gotten really great answers but all conflicting each other. If you know what all this means please help! I'm trying to find out if my condo owner is going to foreclose on the property I live in. I received a letter at my address made out to the landlord from a company called Nevada foreclosure consultants. I pulled the county record, but I don't understand it. Does someone out there with a little law experience know what all this means? Should I start renting a storage? here's what I found...(I substituted XXXX for any personal info, and the word Landlord, for my landlord's name to protect privacy) Document Type: Default Recorded: 11/21/2008 14:07:18 Pgs: 2 ReRecorded: N Remarks: Requestor: FIDELITY NATIONAL DEFAULT SOLUTIONS TUSTIN 1st Party: LANDLORD 2nd Party: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC Legal Description: ParcelNum: xxxx References: Tot Value: $ Property Value: $0.00 RPTT: $ Exmpt Code: Percent: % ATag: Instrument: xxxx Book/Instr: Document Type: Substitution - TRUSTEE Recorded: 11/21/2008 11:56:16 Pgs: 1 ReRecorded: N Remarks: Requestor: FIDELITY NATIONAL DEFAULT SOLUTIONS 1st Party: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC LANDLORD 2nd Party: RECONTRUST COMPANY Legal Description: ParcelNum: xxxx References: Tot Value: $0.00 Property Value: $0.00 RPTT: $0.00 Exmpt Code: Percent: 100% ATag: Instrument: xxxxx Book/Instr: Document Type: Default Recorded: 09/16/2008 11:28:12 Pgs: 2 ReRecorded: N Remarks: Requestor: FIRST AMERICAN NATIONAL DEFAULT TITLE INSURANCE LA 1st Party: LANDLORD 2nd Party: DESERT SHORES VILLAS CONDOMINIUMS Legal Description: ParcelNum: xxxxx References: Tot Value: $0.00 Property Value: $0.00 RPTT: $0.00 Exmpt Code: Percent: 100% ATag: Instrument: xxxx Book/Instr: Document Type: Lien Recorded: 07/16/2008 10:17:17 Pgs: 1 ReRecorded: N Remarks: Requestor: NORTH AMERICAN TITLE COMPANY 1st Party: LANDLORD 2nd Party: DESERT SHORES VILLAS CONDOMINIUMS Legal Description: ParcelNum: xxxxx References: Tot Value: $ Property Value: $0.00 RPTT: $ Exmpt Code: Percent: % ATag: Instrument: xxxx Book/Instr: Document Type: Trust Deed Recorded: 02/27/2006 09:01:26 Pgs: 19 ReRecorded: N Remarks: Requestor: NEVADA TITLE COMPANY 1st Party: LANDLORD 2nd Party: COUNTRYWIDE HOME LOANS INC Legal Description: ParcelNum: xxxxx References: Tot Value: $ Property Value: $0.00 RPTT: $ Exmpt Code: Percent: % ATag: Instrument: xxxx Book/Instr: Document Type: Trust Deed Recorded: 02/27/2006 09:01:26 Pgs: 33 ReRecorded: N Remarks: Requestor: NEVADA TITLE COMPANY 1st Party: LANDLORD 2nd Party: COUNTRYWIDE HOME LOANS INC Legal Description: ParcelNum: xxxx References: Tot Value: $ Property Value: $0.00 RPTT: $ Exmpt Code: Percent: % ATag: Instrument:xxxx Book/Instr: Document Type: Deed Recorded: 02/27/2006 09:01:26 Pgs: 5 ReRecorded: N Remarks: Requestor: NEVADA TITLE COMPANY 1st Party: DESERT SHORES HOLDINGS LLC 2nd Party: LANDLORD Legal Description: ParcelNum: xxxxx References: Tot Value: $198,990.00 Property Value: $0.00 RPTT: $1,014.90 Exmpt Code: Percent: 100% ATag: * 17 hours ago * - 3 days left to answer. Additional Details 16 hours ago My lease is until April. I don't want to be one of those people who pays rent and comes back home to a 72 hour vacate notice. 16 hours ago My Landlord actually lives in California, I pay him through an office that manages the property, and they are less then forthcoming about things.
Former Landlord Responsibility? I am a renter, the house I am renting went into foreclosure. The mortgage has been taken over by the lender. I am still waiting for the lender to contact me. The house went to auction on Aug. 20th, 2008. Who is responsible for my deposit that I paid when I moved into the house over 2 years ago? Also, I was contacted by another renter from same investor, whose house was also foreclosed on. Apparently, this person along with several other renters are forming a group to sue the former investor/owner. Basis for suit is that there is a California civil code called "Rent Skimming" that says it is illegal for a investor/owner to collect rent from a renter while defaulting on the mortgage payments. Is this true? I am not into understanding civil code and really do not know much about the law concerning any rights as a renter. These other renters are asking me to join in their lawsuit. Should I do that? Is there really any basis? Is the the former owner really responsible to refund me back all my rents that he pocketed while not paying the mortgage? And does he owe me the deposit I paid him when I moved in? Apparently this former investor/owner had multiple single family home properties, including Apt. complexes that he defaulted on while renters were still paying him rent. If anyone knows anything about this so called civil code please let me know. I really do not want to join a frivilous lawsuit if it is not true. Plus I would like to at least get back my rental deposit. Thank you..
Has the Federal Government lied to us about the illegal aliens and their home loans? Foreclosure Rate Lookup Chart http://www.realtytrac.com/foreclosure/foreclosure-rates.html When you look at this chart, you discover the states with enormous problems with illegal aliens are the places where the foreclosues are going strong. California, Idaho, Nevada, North Carolina, Utah, Virginia and Wisconsin have big illegal aliens populations. Notice Oklahoma, who has strong defenses against the illegal aliens also has forclosers that are higher than other states. Oklahoma passed all the good laws to get the illegal aliens out of town. I would attribute Oklahoma as being as it is because homes bought for renting to illegal aliens have finally reached their just reward. But here we are with states that were really hot with the ITIN Loans being buried with the foreclosures. An easy to read graph that reflects per capita foreclosure.. per person. http://www.realtytrac.com/MapSearch/FreeSearch.aspx?
Do you share this extremely intelligent woman's concern? This letter was sent to the Wall Street Journal on August 8, 2008 by Alisa Wilson, Ph.D. Of Beverly Hills , CA . in response to the Wall Street Journal article titled "Where's The Outrage?" that appeared July 31,2008. Really. I can tell you where the outrage is. The outrage is here, in this middle-aged, well-educated, upper-middle class woman. The outrage is here, but I have no representation, no voice. The outrage is here, but no one is listening for who am I? I am not a billionaire like George Soros that can fund an entire political movement. I am not a celebrity like Barbra Streisand that can garner the attention of the press to promote political candidates. I am not a film maker like Michael Moore or Al Gore that can deliver misleading movies to the public. The outrage is here, but unlike those with money or power, I don't know how to reach those who feel similarly in order to effect change. Why am I outraged? I am outraged that my country, the United States of America , is in a state of moral and ethical decline. There is no right or wrong anymore, just what's fair. Is it fair that millions of Americans who overreached and borrowed more than they could afford are now being bailed out by the government and lending institutions to stave off foreclosure? Why shouldn't these people be made to pay the consequences for their poor judgment? When my husband and I purchased our home, we were careful to purchase only what we could afford. Believe me, there are much larger, much nicer homes that I would have loved to have purchased. But, taking responsibility for my behavior and my life, I went with the house that we could afford, not the house that we could not afford. The notion of personal responsibility has all but died in our country. I am outraged, that the country that welcomed my mother as an immigrant from Hitler's Nazi Germany and required that she and her family learn English now allows itself to be overrun with illegal immigrants and worse, caters to those illegal immigrants. I am outraged that my hard-earned taxes help support those here illegally. That the Los Angeles Public School District is in such disarray that I felt it incumbent to send my child to private school, that every time I go to the ATM, I see "do you want to continue in English or Spanish?", that every time I call the bank, the phone company , or similar business, I hear "press 1 for English or press 2 for Spanish". WHY? This is America , our common language is English and attempts to promote a bi- or multi-lingual society are sure to fail and to marginalize those who cannot communicate in English. I am outraged at our country's weakness in the face of new threats on American traditions from Muslims. Just this week, Tyson's Food negotiated with its union to permit Muslims to have Eid-al-Fitr as a holiday instead ofLabor Day. What am I missing? Yes, there is a large Somali Muslim population working at the Tyson's plant in Tennessee . Tennessee , last I checked, is still part of the United States . If Muslims want to live and work here they should be required to live and work by our American Laws and not impose their will on our long history. In the same week, Random House announced that they had indefinitely delayed the publication of The Jewel of Medina, by Sherry Jones, a book about the life of Mohammed's wife, Aisha due to fear of retribution and violence by Muslims. When did we become a nation ruled by fear of what other immigrant groups want? It makes me so sad to see large corporations cave rather than stand proudly on the principles that built this country. I am outraged because appeasement has never worked as a political policy, yet appeasing Mahmoud Ahmadinejad is exactly what we are trying to do. An excellent article, also published recently in the Wall Street Journal, went through over 20 years of history and why talking with Iran has been and will continue to be ineffective. Yet talk, with a madman no less, we continue to do. Have we so lost our moral compass and its ability to detect evil that we will not go in and destroy Iran's nuclear program? Would we rather wait for another Holocaust for the Jews - one which they would be unlikely to survive? When does it end? As if the battle for good and evil isn't enough, now come the Environmentalists who are so afraid of global warming that they want to put a Bag tax on grocery bags in California; to eliminate Mylar balloons; to establish something as insidious as the recycle police in San Francisco. I do my share for the environment: I recycle, I use water wisely, I installed an energy efficient air conditioning unit. But when and where does the lunacy stop?Ahmadinejad wants to wipe Israel off the map, the California economy is being overrun by illegal immigrants, and the United States of America no longer knows right from wrong, good from evil. So what does California do? Tax grocery bags. So, America , although I can tell you where oops. cut off the last part. So, America , although I can tell you where the outrage is, this one middle-aged, well-educated, upper middle class woman is powerless to do anything about it. I don't even feel like my vote counts because I am so outnumbered by those who disagree with me. Alisa Wilson, Ph..D. Beverly Hills , California
Anti-deficiency laws in CA foreclosure with 2 loans? I bought my house in California with 0 down. I have a first for 80% and a home equity line for the remainder 20%. I never refinanced or took any more money out of the equity line and it's my primary residence. I know the anti-deficiency laws apply to the first mortgage, but will they also apply to the home equity line? Will I have to pay taxes on the difference between the borrowed money and the sale price? What are my options if I do a short sale?
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