Bank knows about me though I have no legal ties to ex and am not on deed. My child and I have lived in the home a decade and don't want to be homeless. I have good credit. Friend who is realtor claims she has investors who will buy it and sell it ...
You can always make an offer. The fact you live in the home will be problematic. If the house is on the market with a realtor and you have the highest bid, this will help.See question
Trust included a condo in questionable condition that isn't selling. At what point, if any, could the trustee let it go to foreclosure, and how?
I am not sure I understand the question. Trustees have fiduciary duties to seek the highest and best value for items in the trust solution. Not sure what the facts are or even what the question is.See question
When a deficiency judgment was granted 2 years ago, but im still in litigation with my home, depending the outcome of a coming sumary judgment, can i file a motion in order to gather more information or other request to "gain time"?
Generally, at the time of Summary Judgment, discovery is closed, but if there are issues that are germane to the ultimate trial of the cause, you can move before the Court for permission to take additional discovery.See question
I was told last year I didn't have to pay anything and could do what I preferred with my house. And would get the deed in the mail. Recently I received a letter from a bank saying I was to owe them but the other original mortgage company did not i...
Keep working on the sale and you can settle the alleged debt. You should also hire a foreclosure defense attorney and consider filing an affirmative case against the bank right away.See question
I was reading about how if someone can prove that the lender did not act in good faith to at least give a borrower time to pay, that a lawsuit could be filed. It also said that if that lender caused you to go into bankruptcy that will be grounds ...
These suits are notoriously hard to win and with thousands filed, few have been successful, and of those, most have not been publicized.
You need to probably prove fraud or predatory lending. You have to prove the lender engaged in unconscionable commercial practices or that they induced you to do something that benefited them and not you, gave you false promises to induce that behavior, and you suffered and quantifiable detriment as a result.
The way banks operate makes it hard to pin down these specifics with particularity. Vague or general grievances won't give you much of a cause of action.See question
I was in my fourth year of re-submitting loan mod applications in 2013, when BofA sold my loan to Residential Credit Solutions (RCS). On July 6 my lawyer told me it was time to give up and that foreclosure is set for 8/31/15. That was less than tw...
RCS does not have to offer you any particular program regardless of whether your prior lender was part of the DOJ settlement. The operative question is what modification you are entitled to, but with a sale in a week, you don't have enough time to get an application through.See question
My home went through foreclosure and was sold to Fannie Mae at auction earlier this month. Fannie Mae have since offered me money to leave the house by the end of the month. The house (mortgage and title) were entirely in my name as are all bills....
You do not have to share the money with your live-in partner. It is not your responsibility to get her to vacate. However, the Servicer may not pay the money if you do not.See question
We have been working the the lender to refinance and during this process received a letter stating our home was in an auction on the 8/4 and the closing is set for 9/1. Is there any thing I can do to stop this sale before the closing/keep our home?
You should consult a local Foreclosure Defense attorney. However, it is going to be difficult to get anything done in a week, so you need to act quickly. Why do you want to stop the closing? Is there a clear path to save the home by re-financing, curing the delinquency, or by putting together your own short sale?See question
Lender is trying to foreclosure plaintiff's home. Plaintiff has good reason to stop the foreclosure sale. Plaintiff has to file the TRO and injunction against the lender or the foreclosure law firm (trustee firm) or against both? Is there any b...
If you have a valid basis for a TRO, you would file against the lender and notify their law firm.See question