a relative signed a note and mortgage to refinance his property. I was later deeded on the property to induce me to loan him money. I later deeded myself off the property but in the meantime he defaulted on his note. Am I responsible for his d...
Well from your post (I do not know what state you are located in, however it appears as though you were never a party on the mortgage note itself.
A mortgage consists of an obligation to pay (The Mortgage Note), and the security to insure the lender will be paid (Secured interest in the property)
Even though you were deeded on the property at one point, you evidently never where an obligor (borrower) on the note.
Therefore from reading your post, if when you say "foreclosed upon", you mean you'd owe the debt, no, but the lender would foreclose on the property to recover its security interest, and your relative's credit would be suffer.
On a side note there is a growing trend to challenge the lender whether they actually possess the ORIGINAL note the borrower took out . If the lender cannot produce this note, they lack what is called "satnding", and you can delay the sale while these crooks try to fin a needle in a haystack.
Hope this helped
i am 6 months behind and waiting for the mortgage company to tell me what the legal fees are so i can pay the total back pymnt and fees...
Your question is a very important one indeed.
In situations such as yours, mortgage servicers are likely to pile on excessive fees.
You would be wise to consult an attorney to review these alleged fees and costs, before paying them
Additionally, it would be well money spent to have an independent party review your loan under what is called a forensic loan audit (FLA).
In a FLA, the auditor review your mortgage to uncover any potential improprieties or even illegalities, associated with your mortgage.
Due to the securitization process with mortgage loans taken ou over the past 6 or 7 years, there may exist very real defenses to foreclosure. Additionally any uncovered defects in the mortgage can be used as leverage to force the lender to negotiate more reasonable terms on your mortgage payment.
As you are in Massachusetts, I have further information on my website, should you wish to research this more closely.
I hope this helps, and best of luck
Glenn F. Russell, Jr.
my Situation is i own my house for 11 yrs and i had some divorce problems i fall back on my mortgage. the lender was willing to work with me to lower my monthly mortgage I've been waiting from answer from the lender for about six months. than i re...
I am licensed in Massachusetts as an attorney.
From my reading of your question, you are the former owner of a rental property that was foreclosed on, there was an auction of your property.
How do you know the new owner does not have title (paperwork) to the property?
Who had the locks changed on the doors, you or the tenants?
If you have further questions please check my website at www.foreclosuresinmass.com or contact me
I wish you the best of luckSee question
I filed for bankruptcy protection a few years ago (it was discharged about 3 years ago) now following back surgery I have not been able to work in over a year and a half. (I am physically able but have been unable to get work, I am 49 and a carpen...
Unfortunately, as of October 17, 2005, the new time limit for filing a new Chapter 7 is now eight (8) years from the discharge date of a previous "7" filing.
The time limit for a Chapter 13 is now four (4) years from the discharge date of a previous "7" and two(2) years from the discharge date of a previous "13".
If you have any further questions, or wish to discuss any possible alternatives please visit my website at www.foreclosuresinmass.comSee question
My husband and I got into trouble by drawing from our primary residence and buying other properties. I know that thru the process, brokers lied to us, and we have ended up with negative arm mortgages that we didn't understand. I've been seeing a c...
Forensic Mortgage Analysis usually involves examining the mortgage and note to determine whether the mortgage lender and/or mortgage servicer complied with federal law by making required disclosures under the Truth and Lending Act (TILA) and or other federal statutes.
In a foreclosure context, the Truth and Lending Act usually only applies to non-purchase loans secured by residential property, eg. Home Equity Lines of Credit (HELOCS) or second mortgages.
Required disclosures usually include, the Annual Percentage Rate (APR), Finance Charges, The Amount Financed, Total of Payments to be made, etc.
Another disclosure frequently ommitted by the lender is the 3 day right of rescission. 2 copies of a statement informing a consumer of his or her right to cancel the agreement must be provided to each person named on a mortgage, eg. husband and wife shouls receive 4 copies total.
Failure to provide the consumer with the 3 day right to cancel notice, increases the consumers time frame to cancel the contract up to 3 years. The right of rescission is a powerful defense to a threatened foreclosure that consumers should explore through an examination of the mortgage.
However, a forensic analysis of the mortgage is only the first step in this process. Once the determination that the lender did in fact fail to make the required disclosures, the consumer must then contact the lender with regards to exercising this right, which many times leads to litigation.
I am licensed ONLY in Massachusetts and Connecticut, therefore those reading this outside these two states should contact a local attorney for further information.
I hope this helps
Glenn F. Russell, Jr.
Hi i lost my home to foreclosure i was out 12days before the deadline itold the realtor working for the lender i had a few more things to get out.He said to leave keys in mail box .Next day went back the locks were all change I call left several m...
I AM LICENSED in Massachusetts.
While my sister in the law is technically correct in that if the auction has not been held, technically the property is still yours, I would not advise "cutting the locks off" of the property.
A better approach would be to contact the Realtor immediately, and explain your situation. Any reputable Realtor would help you retrieve your personal property asap.
If you are still having trouble with this visit my website for more information.
Glenn F. Russell, Jr.
Fall River, MA
My wife and I divorced last September. I had no job. The house was in the name of me and mother after the divorce (Zillow.com says its worth $396K. Wife was on 1st ($65K), 2nd ($220K), and 3rd ($60K) mortgages. By divorce terms, I was to maintain ...
Unfortunately, as you and the ex-wife are listed as co-debtors, yes the lender(s) can "go after " both parties.
As far as what the previous attorney who answered was referring to bankruptcy, I believe it was in reference to a Chapter 13 re-organization.
With a chapter 13, you continue to make your current mortgage payment and additionally an amount per month to make up any arrearages. I agree this may not be the right solution to your problem.
Another avenue to potentially pursue is looking into the validity of the mortgage itself (most times this buys you additional time,unless there was a serious violation of federal law).
You could contact the lender to see if they would be interested in a "short sale". This is an agreement where the bank MAY accept an amount lower than the appraised value/loan value of the property, and allow you to walk away. Caveat there used to be significant tax liability associated with short sales, as any amount of debt forgiven by the lender was treated as income to you that you had to report on a 1099. There is currently a moratorium on taxation however, IF the property is your primary residence..
Lastly, you could seek a "deed in lieu of foreclosure" with your lender. This is essentially telling the lender, here's the keys see you..
I'd recommend contacting your lender immediately to explain your situation.
I hope this helps
Glenn F. Russell, Jr.
(Licensed in MA & CT)
I'm a teacher paying 1 1/2 of my paychecks to my mortgage alone. The condo where I live (there is one more family here) is having parties every night and I'm stuck paying for the electricity b/c it's attached to my electric box ( I didn't know thi...
If you file a Chapter 13 Bankruptcy, all this will do is allow you to make current payments, and an extra amount to pay off any arrearages. In other words you'd have a higher monthly payment than you do now.
Another option would be to look into the mortgage you took out, to see if there was any lender irregularity, fraud, or any other defenses you had to foreclosure.
The last fall back position would be to seek a "short sale", that is getting your lender to agree to accept less money than the market value of the property. Traditionally, any shortfall was treated as income to the debtor, however congress passed a moratorium on this that is still in effect.
Or you could seek your lender to accept a "deed in lieu of foreclosure". Essentially, this is basically telling the lender here's the keys, see ya.
The main question you have to ask yourself is, can I really afford this mortgage payment? Frome your post, I am thinking that answer is an obvious no. Therefore, what you need to think about is either challenging the underlying mortgage itself, or making plans to vacate on your terms, not the lenders.
And that whole electric thing sounds very fishy to me
Glenn F. Russell, Jr.
what does it mean ?defendent has the right to be suited
"Suited, just means "be sued".
Below find an excerpt from Walker County Texas, and also explains that the plaintiff can sue you in any county, but as a defendant you have the right to file a motion to transfer the case back to the defendant's home county.
So if someone is suing you (or someone you know), and the bring the suit in a different county, you can force them to bring it back to you home county.
Walker County Texas
"In all civil suits, the defendant has the right to be sued in the county and precinct in which he resides. The plaintiff may file the suit in any county precinct however, the defendant may file a motion to transfer venue requesting the suit to be transferred to his or her resident county and precinct. If the change of venue is granted, the plaintiff will have to pay the filing fees again in the county and precinct in which the case is transferred. "See question
I bought the house before we married .We are now divorced and have been splitting the monthly mortgage payment. He lives in the house I bought and I live with my sisters. I have quit making martgage payments and decided to let the house go to for...
It depends. I am assuming this house was the former marital home? What was the property division in your separation agreement? Who ultimately gets the home?
Most likely you both were awarded a percentage of the home's equity, (I am assuming you both were required to split the mortgage payment), and if so your ex would have rights to that percentage which would be compromised in a foreclosure.
I would review your divorce agreement as to the Court's decision about the ultimate disposition of the former marital home. If you actually have the ability to pay, a willful attempt to not pay the mortgage could possibly be challenged.
I would defer to someone licensed in Michigan for more exact adviceSee question