My ex husband bought several properties using my good credit and name. After divorce of 2011 a property foreclosed in 2012. There is now money owed and a judgment in my name. I want this paid and removed from my name. It is showing up on all my cr...
This is a complex question and you should get a local foreclosure attorney to help you with it; try to find someone who also handles family law.See question
I had a home mortgage in 2007 and defaulted in 2010. A new bill was passed to change the statute of limitations on suing for deficiency judgments to just 2 years. This bill was set to go in to law 7 days after the auction of my property. Dyck O'Ne...
Contact a local foreclosure attorney who specializes in these areas right away. This is not the type of question for which you can get meaningful help on a forum.See question
Soon to be ex spouse not cooperating I withdrew all economic claims told him I was moving did not want the marital home told him I would sign a quick claim deed he can refinance the house and it's all his no response. Now he doesnt eant the house....
This issue has to be resolved first int he family law court and then in the foreclosure proceeding because the bank must have authority from all mortgagors who have an interest in the property and against which the collateral is secured and cannot proceed otherwise.See question
There is a reverse mortgage on the property, which is due and payable when the borrower dies. Can a specialist help me contest the complaints in the Summons letter? I only have a few more days to respond to them.
You should consult a local foreclosure attorney. If you haven't missed the deadline to Answer by long, you still may have time.
My firm, Fazzio Law Offices (http://www.fazziolaw.com/) handles a lot of these cases in Jersey City, NJ, Denbeaux and Denbeaux (http://denbeauxlaw.com/), Joseph A. Chang & Associates, LLC (http://www.josephchanglaw.com/), and Jurow Schore, LLC (http://www.jurowandschore.com/) also handle these type of cases in your area.See question
We were served the Order to Docket about 50 days ago, but we never received anything about going to court. Were we supposed to go to court first? Now the home is scheduled for auction on the 28th of this month. In the meantime, we are trying to ...
I don't know local Maryland law. What I do know is that if you are pursuing a loan mod and have not received a decision Reg X and Z of Dodd Frank prohibit the sale from occurring. The rules are a bit complex, but that is the idea.
You should definitely consult with a local Foreclosure attorney right away.See question
We were recently notified that our landlord is entering foreclosure on the condo we are renting. If the lender takes possession &/or sells the property it is my understanding that if they decide to evict us we will have 90 days to vacate the prop...
Brian Galligan has it right. Under GOL 7-105 you have a right to return of the deposit. The question is whether your deposit is held by the landlord or the transferee. You could seek to discover who holds it by way of letter, but there probably won't be a response. You can file a small claims action, but the question will be whom to sue. At the end of the day, the cost/benefit equation of getting an attorney and going through the histrionics is probably off kilter and it probably is not worth the cost to pursue this.See question
Recently I inherited a home. I intended to sell it quickly. Payments were late and I received notice, "to prevent foreclosure enter trial program." I called at that time and made two payments (paying month in advance). Three weeks later got se...
This is a very common situation that comes up. However, there is a twist in your case. Ordinarily the "trial payment plan" would not come until the end, after you were evaluated for modification by way of assumption of your parent's home. When your bank took your money while continuing foreclosure activities in the fashion described they probably violated the New York consumer protection laws (Sec. 349 of General Business Law and Sec. 350 of General Business Law) and the prohibitions against "dual-tracking" under Reg X and Reg Z of Dodd Frank.
You kind of trail off at the end, so I don't know the rest of the story beyond the violations that occurred. This will get down to what your damages are and how you will calculate them.
Regardless, you probably have a valid suit against the mortgage servicer for improper practices under a number of different theories.See question
what does the eviction process look like in the state of New York the day the home is sold at auction
This is an important question that I get asked all the time. It will usually take 3 to 6 months but can vary widely depending on what you do and what the bank does. Nothing can happen until the referee signs a certified deed over to the Bank after the auction. Then service of the certified deed must be made on you, which takes about week. Under RPAPL Sec. 713 an eviction action can then be brought as a special proceeding in the county courts. Alternatively, the bank's attorneys can foreclose by asking for a writ of assistance from the foreclosure court.
So what can happen? First, the bank can move swiftly. If that happens, you can file a Motion to Vacate the Judgment and simultaneously file an Order to Show Cause to Stay the Eviction. Another option is a Chapter 7, 13 or 11 Bankruptcy. If the eviction proceeds through a special proceeding in Landlord/Tenant Court you can also litigate the eviction proceeding and seek settlement in that forum.
I have seen evictions proceed in less than 3 months. I have seen cases held up for years based on the above methods. For instance, we had one case where the Deed was signed in 2005, the Lender finally sought to evict in 2010, and a resolution where the homeowner gave up the property did not finally occur until 2013. In this case, the cost of eviction for the bank was many times greater than the value of the home itself, raising the practical question of why the lender refused to more effectively negotiate with the bank.
This is a difficult question, but you should certainly consult with a New York lawyer specializing in the Foreclosure area.See question
Foreclosure judgment was obtained by fraud in NYS court & house is not sold as yet -sale pending in 3 weeks.I have several causes of action to sue opposing party bank & servicer in federal court for fraud, TILA RESCISSION violation,wrongful forecl...
I agree with the poster who said you cannot handle this yourself. Even if you were lucky enough to get the law right and have sufficient writing skill to articulate the binding precedents that impact on the issues you raise for the Judge, and even if you had a Judge interested in addressing the issue at this late hour, you would still need to be able to explain the procedural posture of the case correctly and comply with all of the relevant procedural rules; this is not something any non-lawyer would have a strong chance of doing. This is also a complex/developing legal area. Your approach, diplomacy, legal citation, strategy, procedure, and storytelling must all be nearly perfect to prevail on a case such as this---and if it is your house you will probably fail in the key area of telling the story as it is simply too personal and you are simply not objective enough. If you really still want to try to prevail in this matter, find a compassionate New York Foreclosure Lawyer who regularly attacks this kind of issue. Good luck.See question
Does a order canceling a Liz pendens equate to a revocation of the acceleration......or are they not related in that manner ? How can\does the bank properly revoke an acceleration ?
I agree with Mr. Young. It depends entirely on why the Lis Pendens is being revoked. A bank can deaccelerate by modifying, short sale, deed-in-lieu, or other reinstatement or disposition of the property.See question