Cheri S. Williams Robinson's Answers

What are the legal ramifications of a voluntary foreclosure?

If he walks away from the property and it is under water or upside down, he may be hit with a deficiency judgment. When he purchased the property he signed a promissory note, (a promise to pay) and a mortgage (if I don't pay then you can have the property as collateral). If the collateral is not enough to cover the promise to pay, they (the foreclosing bank) can come after him personally for the shortfall. This is a deficiency judgment. It is an unsecured debt. To wipe that out he may need...

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PA Home Foreclosure + PA Divorce Issue question

In PA there is a two step process. First the foreclosure. Second the ejectment. The key is to answer both law suits in writing. Additionally in your county there is mediation available to allow you the opportunity to explore other options. Seek legal help to explore all of your option and make an informed plan.

I am in NJ. My B of A mortgages (a first and second (80/20 piggyback loan) were turned over to Greentree

Misapplied payments is a leading cause of foreclosure. Write to BoA and Greentree and request a payment history. Then compare it to your records. Send both letters certified. Good luck.

Foreclosure Complaint

Additionally, if the defendant cannot be located, the court may allow service via publication in the local newspaper and/or on the property.

Foreclosure Records

The Trenton office is still the official office to house all of the documents. There is no way to know how many orders are in the file but they will (should) all be in the file in Trenton. If all else fails and you believe there are additional documents, send the banks lawyer a certified letter requesting a copy of their filings. Certified because you want proof of mailing in case you get no response. Good luck.

Lost my house to foreclosure and now have found evidence of predatory lending.?

You need to contact an attorney immediately. NJ sheriff sales are on hold due to snarls in the new court rules. If your home went to sale, you need an attorney to review your documents to make sure the bank operated within the guidelines of the new rules.

Pennsylvania Home - Foreclosure/Short Sale question

You should consult a lawyer before you are served to have a plan of action laid out. In Pennsylvania you only have 20 days to answer the complaint once you are served. That is not a lot of time in which to find competent counsel for your needs.

Can bank come after me for second mortgage in Pennsylvania?

The second loan is now rightfully listed as an unsecured loan. This means it is available for discharge in a bankruptcy proceeding. Also, just because they cannot sue for the debt does not mean they are required to remove it from your credit report. It is still owed despite them not being able to sue to collect it.

My husband became disabled,does that make our mortage insolvent. we cant pay our mortage. im unemployed as of dec 2010.

Insolvency after death usually refers to the estate not being able to pay the continuing mortgage obligation. Because you are unemployed and your husband is disabled does not excuse your obligation to pay your mortgage. If you have a FHA mortgage, you may apply for one of their programs to suspend your obligation temporarily. Contact your local housing counselor or legal aid office to ask for help in negotiating with your servicer. They can review your options

Served foreclosure complaint besides answering the complaint and housing counseling, what should our next step be?

You need to check to make sure that the foreclosing entity has standing to proceed. You need to hire a lawyer who knows what to argue in defense of the action. We are few and far between. Start by looking for a website that will help you understand your legal rights in a foreclosure and see if they have attorneys who know how to defend these actions. Use the web to learn your rights and then find someone who can help you exercise them. Do not use just any loan modification company. You...