Michele Ann Peters's Answers

I'm looking for a entertainment lawyer in New York that specialize in drawing up contracts?

My firm is located in Manhattan (as well as New Jersey) and I invite you to read more about our services at our website, www.mpetersesq.com. Hopefully, we might be of service to you. Best wishes, Michele

House is in forclosure/Can I still save it

Your statement says many differing things. You say your house is in foreclosure but you did not receive notice from the Sheriff to go to court; you are in the middle of a bankruptcy; and you "placed the house in banikruptcy". If you have filed bankruptcy, you are the one in bankruptcy. By doing so, there is an automatic stay of any creditor collection proceedings such as a foreclosure process on your house. However, is this foreclosure process enacted since you filed bankruptcy? There is...

House is in forclosure/Can I still save it

Your statement says many differing things. You say your house is in foreclosure but you did not receive notice from the Sheriff to go to court; you are in the middle of a bankruptcy; and you "placed the house in banikruptcy". If you have filed bankruptcy, you are the one in bankruptcy. By doing so, there is an automatic stay of any creditor collection proceedings such as a foreclosure process on your house. However, is this foreclosure process enacted since you filed bankruptcy? There is...

How long do we have?????

In New Jersey, there is a Foreclosure Mediation Program. Call the Department of the Public Advocate at 609 292 1773 for information. Has she spoken with the Loss Mitigator at the bank about the attempt to sell? I strongly recommend that she hire a foreclosure defense attorney and call the Public Advocate's office as soon as possible.

House Foreclosure

Your question is unsettling on many levels. If this is your primary residence, the NJ Mortgage Mediation Program can assist you and stay any foreclosure action. (See "Save New Jersey Homes Act of 2008") You must make an appointment with a Housing Counselor first to detail your financial situation. Phone numbers to call are: 609-292-8470; or 732-572-9100. New Jersey is doing everything it can to assist homeowners who are in danger of losing their homes. If this is an investment...

Do I have any rights as a tenant whose landlord is in foreclosure and bankruptcy

Please speak with a bankruptcy attorney in your State to determine if there are State Laws being followed in addition to the Federal Laws which govern all bankruptcy proceedings. I am an attorney in NY and NJ. There is a case that the courts have relied upon to justify a renter's ability to remain in the premises once a landlord has filed bankruptcy: In re Haskell, L.P., 321 B.R. 1 (Bankr.D.Mass. 2005), [11 U.S.C. 365(h)(1)(A)(ii)] which held that the renter maintains all rights under the...

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Can a real estate agent post pictures online of the inside of my rental home/possesions/minor children without my permission?

First, call them -- Tell them to remove the photos immediately! That can take up to 24 hours for the web to "refresh". If they refuse, engage the services of a local attorney to draft a demand - a cease and desist letter with possible damages detailed. This can be followed up with a court order/restraining order/injunction if they do not comply. Real Estate agents poorly trained have been known to do this - thinking they can attract clients - without giving any thoughts to receiving...

Do I need to file for personal bankruptcy if I need to let my house go into foreclosure?

First of all, immediately contact the loss mitigation officer servicing your loan. Explain your situation. They should send you a financial statement to complete and you will need to submit a hardship letter to them detailing your circumstances. The real property laws of your state will guide the foreclosure process. In Arizona, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process and the timeline is typically 90 days....

Real estate/estate question

Dear North Carolina writer, whenever agreements are not spelled out in writing, the door is open for interpretation and disagreement - especially among family members. My simple opinion based upon the simple facts given, is to not dwell on what "might have been" but come to an agreement as to what to do now and put it in writing. Because this involves a substantial asset, please seek out a local estate attorney to draft the document for you and your sister to sign. The attorney should...

Do I have to file bankruptcy if I my home goes into foreclosure?

Short answer is no you do not. Working in foreclosures in New Jersey, is distresses me to read about situations like yours. Most debt consolidation services are scams. When I also read that "[b]oth mortgages are with the same bank" it really raises my dander. I don't know what Arizona is doing to assist their homeowners but I hope you can avail yourself of some type of foreclosure mediation service. Usually the State Department of the Public Advocate is the place to look for assistance....