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Stefanie Nicole Devery's Answers
- 6 Legal Answers
- 0 Legal Guides
1
Attorney answers:
Is it time to get a lawyer or should I just stay the course?
I always recommend that if the other side has an attorney, you should also. At the foreclosure hearing the bank will be represented by an attorney, and therefore you should also. That said, at the conference, you can explain that you are in the process of modifying the loan an bring ALL of the proof you have about the 3 month trial plan and what you are doing now. Many times the bank attorney will postpone the hearing to allow the bank more time to complete the modification process....
3
Attorney answers:
Can I remove my name off a Deed without me or my son incurring Tax Liabilities or other Legal problems?
There are no tax consequences from removing your name from the deed; however, there can be mortgage consequences. Removing your name from the deed does NOT release you from the payments on the mortgage. You will still be responsible to pay the mortgage on time every month. The only way to release your liability from the mortgage would be to do a refinance and have your son take sole responsibility for the mortgage. Further, in the mortgage documents you signed when you bought the house,...
1
Attorney answers:
What happens if you dont answer a summons
You need to answer any and all summons that you receive. If not, a default judgment can (and usually will) be entered against you. There are not very many defenses to foreclosure but you need to meet with an attorney and determine the correct course of action. Remember, the bank does not want your house and usually will work with you to make sure you get to keep it. Hope that helps.
1
Attorney answers:
What happens if seller does not empty house?
Your attorney should have a clause in the contract that states that if the house is not cleaned out and "broom swept" at the time you take possession, then there will be a fee assessed. If your committment expires at the end of the month and all of the title issues are cleared and you have received a "clear to close" from the bank, then you should be able to schedule the closing with all parties. If there are still title issues or bank clearance issues, then the closing cannot be scheduled....
1
Attorney answers:
Do I have a right to bring current the delinquent payments during or prior to the foreclosure process by paying all past due $
I don't understand what you mean by "Loan is not due for at least one more year", but if you have the money to reinstate the loan, you can contact your lender and make payment arrangements. However, if this is vacant investment property, you may want to think about selling the land, or doing a deed-in-lieu of foreclosure and giving it back to the bank. If you want to keep it, you need to open the lines of communication with your lender and determine the best course of action.
2
Attorney answers:
How Can I Stop Mortgage Company from Calling After Forebearance Agreement in Place?
Unfortunately, you cannot stop the calls. In most banks, the collections department is not privy to the information in the Loss Mitigation Department (that is the department where you made the forbearance agreement). The next time you receive a phone call, politely ask them if there is any wy you can stop the phone calls since you have an agreement in place and the payment is automatically deducted from your account. You could also call them directly and ask for the same thing. Chances are,...