what does the eviction process look like in the state of New York the day the home is sold at auction
It really depends on the servicer doing the foreclosure. Sometimes they put papers on the front door soon after the sale asking you to contact them. I have had clients whose houses were presumably sold at the auction and no Deed has been filed to consummate the sale for a year or more and the clients are still in the houses. There are even a few instances in my office of the banks contacting the owners after the sale to modify their mortgages.See question
City of NY Marshal delivers income execution to place of employment(human resources department) for a judgement and I don't recall having a credit card (sears, Citibank) with the creditor. Reviewed all 3 major credit reports and nothing shows up ...
Get a copy of the judgment from the Sheriff and make sure that it is you who was sued.See question
We made a loan of over $100K to a husband and wife. We do have signed promissory notes from them for repayment, and even a document signing over their personal home as collateral. They have stopped all payments, and rarely respond to our attempts ...
First a real estate attorney in TN to determine if you can still secure the debt. Why would you EVER loan someone money like that without an attorney!!!? The debt may be unsecured and you may have to sue the people who owe you the money to get a judgment. Good Luck.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...
It is a violation of various regulations to "dual track" the modification and the foreclosure, however, you cannot get a modification because you are not the person on the original note. I do not know what rights you would have under "Regulation X" (effective Jan 2014 and the controlling regulations for the situation you have described) but I would sell the house, pay whatever I had to pay under protest to sell the house and realize the equity and argue over a refund later.See question
In chapter 7 cases, does the trustee always file income tax form 1041 or what conditions is it filed?
What are you asking? The trustee does not file the tax returns in an individual Chapter 7 case. That is the responsibility of the Debtor (person who files bankruptcy).See question
no further details.
Funds in a retirement account are protected if they are lower than the aallowed exemption amount. Under One Million is generally safe.See question
I don't dispute the debt, but attempts I have made to contact the firm are futile. The firm is out of business, and the forwarding number is stuck on an outdated message. I have no way of contacting this firm, and have read all the aggressive acti...
The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.”
PLEASE CHECK THE LAW IN YOUR STATE AS YOU MAY ACTUALLY HAVE TO APPEAR IN COURT, AS IN VIRGINIA, IN ORDER TO AVOID A DEFAULT!
You need a lawyer, but if you cannot afford one right away, rather than do nothing and have a judgment entered against you, is to “appear” by filing something!
Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer.
I recommend you go to the free form I have on my website. Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you.
Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3.
Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is…
When you file the Answer that is your “not guilty”. You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully.
Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away!
Check out the guide I have drafted on the Avvo profile. This will provide more detailed instructions. If it is helpful remember to indicate that and get the guide read!See question
My lawyer filed a chapter 13 for me back in 2011 and it was confirmed in 2012. Now I need to buy a new car because my old one stopped running but the car dealer said he needs a letter from the trustee. I asked my lawyer who did the bankruptcy ...
If you have already arranged for the purchase by identifying the car and securing financing and you are not seeking to change your plan payments then you may be able to get a stipulation from the trustee. If a motion is required because this is a change of the loan from the original lender or the plan payments have to be changed it will require a motion. In either event it is a violation of the bankruptcy code for an attorney to take payments from you post petition without approval and an order from the bankruptcy court.See question
Can a bankruptcy stop my wage garnishment on an auto loan even after they got the judgement on me? It's killing my ability to live in my home and pay other bills.
When you file the bankruptcy the garnishment will cease.See question
I've dealt with the DOJ Office of Information Policy and its Executive Office for United States Attorneys both in DC. The materials I'm seeking are with the US attorney for the Eastern District New York. I'm filing the action in the Southern Di...
If you are suing to compel production make sure you have exhausted your administrative remedies. If it is DOJ you have to serve the local United States Attorney, the Attorney General and the parties that the agency defines have to be served.See question