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Raymond Radow
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Raymond Radow’s Answers

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  • My home has gone into foreclosure and the sale is set for 08-15-14. I want to save my home, for my daughter and I.

    I cannot work right now because I have a broken arm and I have to have surgery. I am waiting to hear back from disability and I have a court date coming up...to get my child support. PLEASE HELP......I HAVE BEEN IN MY HOME 17 YEARS AND I NEED T...

    Raymond’s Answer

    This close to the foreclosure sale, your options are likely limited. I would advise you to seek the assistance of an experienced bankruptcy attorney first thing in the morning as this is your best chance of being able to stop a sale with so little time to spare.

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  • Started trying for a loan modification in 2009 here it is 2014 and they still turn me down.

    I am disabled when i found out in 2009 that disability would be taking $500 out of my monthly pay when my daughter graduated in 2012 plus another $100 for my Medicare .i tried 3 time's for the loan modification went through the 3 month payment tri...

    Raymond’s Answer

    I agree that the focus should not be on whether the loan is predatory, but on what option is available to you to put you in the best position moving forwards. I would certianly recommend you discuss your options with both a bankruptcy attorney, as well a foreclosure defense attorney who may be able to help you buy time and maximize your chance at obtaining your desired loan modification. Remember, a modification is not a reward for those most in need of assistance, and you are not legally entitled to one just based on having a significant hardship- rather, it is a tool to help borrowers and lenders reach a mutually beneficial settlement where the borrower resumes payment of the loan with a lowered affordable monthly payment.

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  • Never served foreclosure papers...got foreclosed...deal did not close.

    3 family house in Brooklyn NY was Tenant Occupied. Tenants were held over and not paying rent. the tenants never gave borrower the foreclosure docs. house was foreclosed but referee did not close escrow as the was a question about improper service...

    Raymond’s Answer

    My colleagues correctly advise you to seek the advice of an experienced foreclosure defense attorney, as your issues are time sensitive and it is late in the process already. Service can be achieved legally in a number of ways, and victory at a traverse hearing is certainly an uphill battle, especially this far into the process. If you have a more specific question, I'm sure you will get more helpful advice from the attorneys on this board. I wish you the best of luck.

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  • Landlord house in forclosure he left but comes back occasionally is there way as a tenant i can stay here

    how would i go about it make deal with forclosure people and pay for lights and ect while i'm there

    Raymond’s Answer

    My colleagues are correct. Until the ownership of the home transfers after a foreclosure auction is held, you cannot make any arrangements with anyone but the current owner of the property.

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  • Can you clarify about bankruptcy and foreclosure.

    I was discharged in 2011 from chapter 7. My husband and I recently did a credit check as we have been fixing our credit and saving money to buy a house. I was informed that the bank that held my mortgage reported it as a foreclosure this year! ...

    Raymond’s Answer

    I agree with my colleague. Discharging the debt personally in bankruptcy court will not remove the lien from the property, or protect it from foreclosure. It will, however protect you from personal liability for any remaining balance on the mortgage after the foreclosure sale.

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  • Home in foreclosure. judge ordered me write a letter to bank. What do I need to say in this letter so as not to lose my home,

    wife was not working, now she is..

    Raymond’s Answer

    Ms. Dupont correctly raised two very important points. First, you must provide significantly more information to know what the judge wanted you to submit to your lender. What was the context of this order? Second, it is likely that he wanted you to submit an application for a loan modification, and even if this was not what he was instructing you to do, it may very well be a good idea, assuming you have sufficient income to support an affordable modified mortgage payment.

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  • How likely is to win a quiet title lawsuit against mortgage lender if foreclosure was dismissed with prejudice?

    how likely is to win a quiet title lawsuit against a mortgage lender if foreclosure was dismissed with prejudice and get a clear title (no more mortgage lien)?

    Raymond’s Answer

    Mr. Richland is correct- it is impossible to answer your question without knowing WHY the foreclosure suit was dismissed with prejudice. Please post more detailed information, or consult an experienced attorney with whom you feel comfortable doing so.

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  • Our lender said they can't do a short sale on our 2012 Travel trailer???

    Moved from WY to AZ on May 1, 2012. Bought camper march 2014

    Raymond’s Answer

    Ms. Drain is correct- your lender is under no obligation to accept a short payoff or approve a short sale.

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  • Can I recover damages from a real estate broker who rented a house with out permit and that is in foreclosure?

    Rented a house that I was told had all proper Brookhaven town rental permits. Received papers a year after renting stating the house was in foreclosure. Further investigation revealed no rental permit as required by the town and that the house had...

    Raymond’s Answer

    As I stated in your first post on this issue:

    " I agree with my colleague. Regarding the foreclosure, it has nothing to do with your rights and obligations pursuant to any lease or rental agreement. Regarding the lack of a permit, you may be able to stir up problems for your landlord (who is likely already going to lose the property in foreclosure), but I doubt you have anything to gain in doing so. Your time in the property will not be extended by doing so."

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  • Can I recover damages from a real estate broker who rented a house with out permit and that is in foreclosure?

    Rented a house that I was told had all proper Brookhaven town rental permits. Received papers a year after renting stating the house was in foreclosure. Further investigation revealed no rental permit as required by the town and that the house had...

    Raymond’s Answer

    I agree with my colleague. Regarding the foreclosure, it has nothing to do with your rights and obligations pursuant to any lease or rental agreement. Regarding the lack of a permit, you may be able to stir up problems for your landlord (who is likely already going to lose the property in foreclosure), but I doubt you have anything to gain in doing so. Your time in the property will not be extended by doing so.

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