John Gerth Merna’s Answers

John Gerth Merna

Virginia Beach Foreclosure Attorney.

Contributor Level 15
  1. Will my Chapter 13 filing be listed in the newspaper in my county/state? Is it necessary to make debtors look like criminals?

    Answered over 2 years ago.

    1. Eric Charles Lewis
    2. Rixon Charles Rafter III
    3. Derek R. Caldwell
    4. John Gerth Merna
    5. Stephen Clark Harkess
    5 lawyer answers

    In the Hampton Roads area the primary publication that lists bankruptcy filings if "Inside Business", a Virginian Pilot product. It is not widely distributed. I am not sure if any of the smaller publications in Williamsburg lists bankruptcy filings. I have not heard that the "Daily Press", which is the Peninsula newspaper, lists filings. You should also be aware that bankruptcy docketing information is now showing up on the internet also. Generally, this only occurs or is a problem when...

    2 lawyers agreed with this answer

  2. Currently in foreclosure need help

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Richard Alan Rodgers
    3. John Gerth Merna
    4. Steven Anderson Leahy
    4 lawyer answers

    If you do not want to consider filing bankruptcy then your problem as my colleagues have pointed out is not the first mortgage but the second mortgage. Just because is it currently listed as "charged off" does not mean they won't come after you. You have an option that I don't believe was mentioned. Focus sall your financial resources on settling the second mortgage for a fraction of the balance. You have a fair chance this is possible. Then let the property foreclosure since your are...

    2 lawyers agreed with this answer

  3. I filed Bankruptcy on October 10, 2010 the bankruptcy was discharged in january 2011....(Without and attorney) .....

    Answered over 2 years ago.

    1. Russell Baird Adams III
    2. Steven Anderson Leahy
    3. Tom Arany
    4. John Gerth Merna
    4 lawyer answers

    The cost of correcting this problem by using an attorney to correct your bankruptcy by reopening or providing other legal solutions is significantly less than paying the damages or even to hire an attorney to defend. Don't make the mistake of trying to do it yourself again. There are many attorneys in Virginia Beach that can handle this for you quickly, efficiently and painlessly. John G. Merna The Merna Law Group 3615 Virginia Beach Blvd. (757)340-4070 www.MernaLaw.com jmerna@mernalaw.com

    2 lawyers agreed with this answer

  4. Tenant facing foreclosure...How do we extend our stay?

    Answered over 2 years ago.

    1. John Gerth Merna
    2. Isileli Tupou Manaia Mataele
    3. Frank Wei-Hong Chen
    3 lawyer answers

    I agree with my colleagues. You will have the 90 days. While as a non-owner you do not have any ability to postpone the sale their are options to delay your departure/eviction. These options come at a price and many not be worth the cost or consideration.

    2 lawyers agreed with this answer

  5. Is hiring & paying defense atty considered a preferential payment in chapt ?

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Theodore Lyons Araujo
    3. Mitchell Paul Goldstein
    3 lawyer answers

    The payment would not be considered a preferential payment because it was not for a debt. The retainer was actual for future services. The problem that could arise depending on how the retainer agreement is worded is that the unused portion of the fee at the time of filing would need to be exempt. Generally, the retainer fee, in this case the $7,500, is placed in a trust account by the attorney and billed against as he performs legal services. Assuming he has not completed all services...

    2 lawyers agreed with this answer

  6. Bank does not want my car but wont release title after chapter 7

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Eric Charles Lewis
    3. Mitchell Paul Goldstein
    4. Seth Alan Rosenberg
    4 lawyer answers

    This is a common problem. Your liability is wiped out but the car lender still retains it's lien on the vehicle. The company is not obligated to release that lien since Chapter 7 only eliminates "unsecured" debt. However, the vehicle is not worth recovering in the eyes of the company. So you have a vehicle that they do not want. Assuming it is working... enjoy it payment free. However, if it is not working there is a problem. You can not sell it without the title being released. You...

    2 lawyers agreed with this answer

  7. At a Sheriff's sale auction how does the mortgage company arrive at the minimum starting price?

    Answered over 2 years ago.

    1. John Gerth Merna
    2. Steven Anderson Leahy
    2 lawyer answers

    From the questions you are asking I would suspect you are a potential investor in foreclosed properties instead of a homeowner facing foreclosures. The foreclosing party generally is seeking to recover the amount due on their loan. The price can be set higher if market conditions warrant it. However, a sale at a higher price in many instances is a result of the price being bid up. The property can be sold for less than the amount owed to the lender. However, in most instances the lender...

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  8. Can I Bankrupt my second mortgage?

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Bruce Allan Wilson
    3. Dorothy G Bunce
    4. Florian Eqrem Tabaku
    4 lawyer answers

    You have two options. The first is to strip the lien in a Chapter 13 Reorganization. This will require you to go into a three to five year repayment plan to remove the lien. If you stop paying the second mortgage can foreclosure but it is unlikely. Give how underwater you are keeping the second mortgage makes this a very, very bad investment. It is only if you can remove the second mortgage that the property is at least a viable investment. The other option is to negotiate a...

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  9. Then how do I get my deed?

    Answered over 2 years ago.

    1. Steven Anderson Leahy
    2. Matthew Allan Quick
    3. Stephen Samuel Messutta
    4. John Gerth Merna
    4 lawyer answers

    The deed should also be registered at the courthouse you mentioned. In most states both the deed and deed of trust or mortgage lien are registered with the city or county.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. I have a discharged ch 7 BK and in the process of short selling my home will my name be listed as the seller or the bank?

    Answered over 2 years ago.

    1. Michael John Primus
    2. John Gerth Merna
    3. Ryan Anton Jacobsen
    3 lawyer answers

    Bankruptcy did not remove you as owner of the house, it only eliminated your obligation to pay the debt. So you are correctly listed as the owner. I have only found two situations where a short sale was beneficial over a foreclosure after a bankruptcy. The first is where HOA fees continue to accumulate. A short sale allows the owner to stop the accumulating responsibility/debt. The second is where cost in terms of city fines or liability in the form of personal injury create on ongoing...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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