Foreclosure Law Knowledge Base
New foreclosure law regarding more than one mortgages? I have a friend who is unfortunately being foreclosed on with three mortgages on a single residency. He has a senior mortgage and two junior mortgages. According to current laws, I was informed that it is possible to end the foreclosure by settling only the senior mortgage (Either by refinancing or short-selling) and the two junior mortgages would become irrelevant (Completely eliminated where the lenders would have to write-off the loan as a loss) so as long as we settle the first mortgage. Is this true or in any ways possible? The house is located in Queens, NY.
Is there a loophole for the new florida foreclosure law? I work as a loan modification specialist and my firm is a reputable company. We have a A+ rating with the Better Business Bureau and we really help our clients save their homes. Recently a statute passed that prevented companies from collecting upfront money from any home owner in florida that is in foreclosure for services related to saving their home. Of course no one works for free. Is there a way my company can get around this and collect our initial fee?
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 ????
Is there a law in Missouri that forces land lords to reveal if the rental property is in foreclosure? I have been reading a lot about instances where unscrupolous people who have homes going into foreclosure are renting the property out without telling the renters and all of a sudden a foreclosure arrives at the residence and the people who just paid rent and a deposit and stuff are being evicted within a couple months. Is there a law on Missouri books that forces land lords to reveal this information prior to renting the property in foreclosure? If not there isn't, there should be.
after foreclosure, can your mortgage company make you pay what they lose in a foreclosure sale? I have a first and second mortgage (to avoid PMI) and I am wondering if, after foreclosure, if we are going to be liable finacially for the banks loss, or the difference between our loan balance and what they get in the foreclosure sale? I know that our credit score will be affected, but I am wondering if that is the only repercussion? I also know the laws are different in states I am in Nevada anyone that knows the nevada foreclosure law specifically would be great. I am also wondering once we move out, assuming we do so before notice to evict what role will we, as the homeowners, need to play in the foreclosure process? I have heard that you must fill out a 1099 form for taxes? saying the difference between the amount owed and what the bank gets is roughly 30,000 what would that mean we pay at tax time?
which law covers a second mortgage loan after a foreclosure? my home went through forclosure and was sold. I had a second loan on the house and the loan company sent it to a collection agency to try and collect. I believe there is a law that would prevent them from being able to collect on the second.
Foreclosure law in Calif.? I am trying to sell my old house and have reduced the price as much as I can. I cannot continue making 2 house payments much longer. If I simply allow the house to go into foreclosure and the proceeds from the foreclosure sale are less that what is owed, am I liable for the difference? The hit I would take on my credit score is not a major concern at this point.
Help understaning foreclosure law / process in Missouri? I live in STL Mo and need help understanding foreclosure processes in Mo. I was told we had to be served by cert. letter 20 days before the sale date, we weren't. We just found out the house is being sold on courthouse steps on 6/10!!! We want to move but don't have enough time now. What is the process of foreclosure in Mo? We the sheriff put us on the street the day after the sale? Will we have to go to court where we can plead our case to the judge to just give us more time (we have 4 children)?? Any help or advice is appreciated ahead of time. We filed a ch. 13 to keep the house in Dec. 07. They hiked the payment in Feb. We spoke to our attys who said we would be served by cert letter of the sale date. We never received the letter, I only found out about the sale date through an advertisement. When I called our mortgage co. they said they didnt have to give us that time. So, we did not know the house was up for sale - they never served us with any papers. Never put anything on our door. All we need is another 30 days, is it possible to try to get that from the lender? Also, do they have to give you time to move out after the sale? I thought there would be a court date or something?? Thanks
bush's reform on foreclosure/shortsale law? hi, does anyone know what is going on with bush's plan for people going through foreclosure/shortsale this year? what's your forecast...? will 1099c not be sent? what's the scoop? i might be faced with both this year and worried what is to happen...
Real Estate law regarding foreclosure and tenants rights? First off sorry for the long post but I feel like more details are better than not enough. So I have been living in an apt for 2 years now, rent is around $900 a month. My roommate and I did not have good credit at the time of the signing so they required a double security deposit ($1800) Our lease is expiring and the owner is planning on selling the house (at least that is what we were told). The owner (through a property manager) offered us a reduced rent for signing a month to month lease ($500). I received this "lease" and realized all it is, is an addendum to the original lease. The first page it titled...."Property foreclosure disclosure agreement" Now the property manager did mention that the house may be going into foreclosure that I am fine with. Most of this paper that they want us to sign is informing us that it may be termed early and we have to pay for any costs associated with moving, however, the last paragraph "security deposit and/or advance rent" scares me. It starts as follows: Tenant agrees that the security deposit and/or advanced rent, if any, shall be processed by property manager or owner as per terms of the lease, and tenant agrees that such security deposit and/or last month's rent, if any, may be transferred to the current or the new property owner or property manager at the sold discretion of the property manager, and the tenant holds property manager harmless for any loss of the security deposit, if any. Tenant understands that the security deposit may be at risk in the event of a foreclosure or in the event the monies are transferred to the Owner or new owner. Then at the very bottom in bold: All provisions of the lease shall apply unless in conflict with this addendum in which case this addendum shall apply. I feel like by signing this paper.... which isn't even really a lease... all I am doing is signing away my right to get back my security deposit. Is this a normal legal paragraph? Or should I refuse to sign this? Any help on this matter would be greatly appreciated. My roommate and I have been great tenants always have paid on time maybe a day or 2 late twice in 2 years we have taken great care of the house and literally in 2 years have not needed any work done. My bro-in-law is a mortgage broker and I had him look up the property and we found a couple things odd. First the owner took out a 2nd home mortgage to get this property. I would think it should be an investment property if the owner is renting the property. Also we found out that the condo is not even listed as for sale.... However we have had 2 or 3 people come to look at it with a real estate agent. Please help! Yeah, was asking for answers not a link, and that is the sketchiest website I have ever seen....
Michigan Landlord/Tenant Law on Foreclosure? I am a tenant in Michigan with a lease option that ends in July. The house is now in foreclosure and will be auctioned Feb 15. Not to mention back taxes and waterbill, which I have paid. Do I continue to pay my landlord rent after the sale on Feb 15 or not? I would like to know if he legally can collect rent on the house or does he have to redeem it in order to collect rent on the said house. Please help I am wrecking my brain. Please note I need MICHIGAN law on this one.
What are the foreclosure laws in Utah? My home in Utah is in pre-forclosure. I know the process and how it works. But once the home sells at auction and is sold for less then what I owe. Can the bank then come after me and garnish wages or my bank account? Any help would be appreciated. Thank you.
Does anyone know about the foreclosure laws in IL? I have a townhome that I can't afford anymore because I lost my job. I have a good job now but I am not making the money I was before. The home is not selling for the price I need it to so I can break even. It seems that my only options are to lower the price and bring a bunch of money to close or forclosure? I have excelent credit now does anyone know of any other options for me?
Florida Real Estate Lease Laws on Foreclosure? We are renters in Florida and we heard that our condo (leased through a private party) may be foreclosed. We don't have a clause in our lease on this issue. I've heard rumors of renters just being kicked out because of foreclosure and I've had legal advice saying the bank has to let you fullfill your lease by law until the end. Does anyone know the laws on this? We can't break our lease without having the pay the rest of our months rent but I don't want to get taken down with them. Thanks
Law question/Foreclosure question, HOA as defendant? Question: Why would the Homeowners Association be named as a defendant on a foreclosure? Mind you, not as the Plaintiff...but a defendant. Thanks all! I thought that might be the case, Landlord. I'm looking at buying a foreclosure, they are nearly through the process. How could I find out how much they owe them? Call the HOA? Then again, if they forclose, isn't that debt wiped off the title, since the are junior lien? Email me if you like, thanks
Foreclosure / Deed in Lieu laws in Missouri What will the process be like??? My husband & I have to sell our first house (we already own our new home) . We have been trying to sell this house since the first of the year, we have tried a short sale, rent to own, even just rent, to get out from under two mortgage payments. However, after two years of trying my husband & I just found out we are expecting! Now, we have to let this other house go back to the bank, as there is no other options. All the realestate agents in my area are telling me that sales are down 32 percent from this time last year. I have contacted my lender & told them of my situation, theyre sending me a short sale package, as well as a deed in lieu package. My question is, is there any reason the bank wouldn't accept a deed in lieu? I have no other liens on the property & it is very comparable to the neighborhood. If not, will they have to abide by MO foreclosure laws since that is where the house is lcoated? MO laws - no defficiency judgements are prohibbited (I won't owe the difference)
Please only answer if you know real estate law and foreclosure issues? If a servicing company bought a foreclosure property and then sold it at an auction, would the title need to be cleared first, paying off both the first and second mortgage? If not, why not, if so, how can I be sure? I had a second mortgage on a property that sold without paying me off! The second was a "free standing" loan, however it was considered a second mortgage and was listed on the county records as part of the original sale before going into foreclosure, does this mean that I could go after the original buyers of my home, because it was listed as free standing? Thanks!
Question regarding the new federal law - Tenants rights due to foreclosure? I'm a tenant in San Jose, CA and I just signed a lease which will expire in July 1, 2010. Yesterday, I was informed that the house i'm renting at is in foreclosure and it appears the bank will take this house back very soon. I paid a lot of money to move in this house and this is not fair to me. I heard a friend mentioned this new federal law which will grant us the right to stay in this rental house for a period of time. I still have 11 months left on my lease with the landlord. How many months do i have left until the bank can evict me, even though i'm still paying rent to my landlord?
How does foreclosure in Ohio work? To keep a long story short, The poor economy has hurt our long term plans and now we are looking into foreclosure of our home in Ohio. Our credit is already pretty bad, probably around 500 right now. Anyway, I've read that foreclosure in Ohio has laws in place that favor banks. I'm basically wondering what the repercussions would be if we decided to foreclose on our home. Would we be excused from the loan and just have a worse credit rating? Would we be able to get a new place in a year in a different state? Would we still owe a portion? Thanks in advance!
real state law question. Foreclosure timetable.? My uncle's landlord has stopped making payments on the house that he rents from her. She told him that the house is being foreclosed and that he can live there for free until the bank evicts him. By his calculations she stopped paying about 4 to 5 months ago. Wanting to take advantage of the offer he needs to know how long will it take for him to get evicted. And will there be any kind of notice before he gets evicted posted on the house giving him an estimated time so he could plan his next move. The landlord has moved and she won't give him notice. Will there be some sort of comunication with the person that actually lives there about the timetable to leave. And again about how long is the process for the bank to actually evict whoever lives on a foreclosed property.
Home foreclosure and the law? We filed for bankruptcy last year and let the house go with it. We had the 6 month period to reclaim it, yadda yadda... which ended Dec 4. We started moving out of the house in August and shortly after, I guess the bank sent someone out to determine that we weren't residing there, the bank had someone literally break the doors down and installed new locks so we can't get in. We still have stuff in the house that we'd like to get back and have never received any notification in writing that the bank had repossessed the property. We still haven't. We called the bank and someone was supposed to call us back about getting in there to get our stuff, but of course they haven't called back and probably won't. The city still holds us with legal ownership, we still get tax bills from the city in our name. My question is, could we get into any trouble, technically, if we broke into our own house to get our things? but they didn't give us 6 months. they changed the locks before the 6 months. that's my question... and we weren't in foreclosure before the bankruptcy.
how do I get deposit back after my landlord filled foreclosure? my landlord haven't return my deposit after 1 month we move out, then I've sue her for not returning our deposit. However, she went back to Columbia for couple months, just last week, I've receive a letter from law firm said she's filling foreclosure, How do I get my money back?
If a foreclosure process has not begun, can the homeowner sell our appliances? My brother in law has just filed Bankruptcy and included his house. The foreclosure process has NOT begun. Can he sell his appliances without getting in trouble? I don't know whether he purchased them or not after purchasing the house. I know he has filed the BK, but it has not been discharged yet. His Mortgage company has not even begun the foreclosure process. He came to me because my mom is a real estate agent, but she didn't know the answer to this either. Thanks!
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.
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!
foreclosure laws of santa rosa county, fl??? we are in foreclosure proceedings with a bank in NY and a realator that specializes in foreclosures based in florida. the bank in NY has hired the realator to secure the property by putting a pad lock on the door denying us access to our property. the bank has assumed that the property has been abondoned. can they legaly break into the house changing the locks without judgment from court and our notification of such. and can they deny us access to our property before the foreclosure date?
foreclosure laws? i purchased a home in my name only. i was single. after being in the home almost 2 years i got married. when filing foreclosure. will his credit suffer. he is not on the loan.
How many times can a house go up for foreclosure? Ok I know of a person who has had there house up for foreclosure three with in a year now.Well the next sale is on for Jan. 2nd. I am curious to see how many times it can go up. The property is in Wisconsin and I am going to do some searches on laws. But when we got ready to go to the sale at the last minute the foreclosure was canceled. So how do they keep saving themselves?
Anyone know the foreclosure laws/eviction laws in state of MISSOURI?? Please only SERIOUS answers!!? I've been foreclosed on my mortgage, and the house will sell on the courthouse steps on the 24th of August and I cannot find anyone who can tell me when I have to move out after the foreclosure sale. I've contacted my bank, the attorney representing the bank, the courthouse, sheriff's department, my attorney, and looked on the net. NO ONE can give me a straight answer. I am hoping we have at least 30 days to move, but don't want to be shocked if someone shows up at my door next Thursday and forces us out of the house. We missed 4 pmts on a mortgage that we've had for 14 years, and the bank foreclosed on us.... Please only people who really know what they're talking about respond. I need accurate answers please! Thanks!
Ohio Foreclosure Laws? Our house is being sold at a public auction on Feb. 28th as a result of foreclosure. I am just wondering if anyone knows when we will have to vacate the premises no one has ever told us. I am just debating when we should start looking for another place to live. I have heard it may be 18 months after the sale and then I have heard a week before the sale. if it is a week then we need to hurry up and find a new place.
Can someone explain FORECLOSURE to me? Here is the arizona laws.. I am just wondering how long we have until we have to move out if the forclosure starts july 1st? http://www.realtytrac.com/foreclosure_laws.asp?strState=Arizona 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!
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