John Gerth Merna’s Answers

John Gerth Merna

Virginia Beach Foreclosure Attorney.

Contributor Level 15
  1. 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 almost 3 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

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  2. Foreclosure and modification - file locked by Freddie Mac?

    Answered about 3 years ago.

    1. John Gerth Merna
    2. Darren Anthony Fish
    2 lawyer answers

    Unfortunately, in 15 years of practice I have not heard that reference. However, I would suggest you worry less about the meaning and more about the effect. It is less common that modifications are granted at the last minute. With less than a week before your foreclosure sale I would advise you to contact a bankruptcy attorney to being preparation of filing a Chapter 13. If a modification comes through then you are only out a few hundred dollars. If it does not come through you have saved...

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  3. 1- Does lender 21st mortgage can file deficiency judgment against me? Can 21st mortgage garnish my wages? Do I need file bankrup

    Answered about 3 years ago.

    1. Frank Wei-Hong Chen
    2. John Gerth Merna
    2 lawyer answers

    Mr. Chen is correct. The lender will have no recourse if he proceeds with a non-judicial foreclosure. You will not owe the lender any money.

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  4. What will happen to my Heloc after I get a dischaged from a chapter 7 filing

    Answered about 3 years ago.

    1. Marco Antonio Torres
    2. John Clayton Colwell
    3. John Gerth Merna
    4. Gary D. Bollinger
    4 lawyer answers

    Converting to a Chapter 13 and lien-stripping the HELOC is an option. However, you are still underwater $85,000 on the property even with the HELOC stripped and you will have to go through a minimum of a 3-year Chapter 13 and pay money to strip it. I would get on the phone immediately and attempt to get a settlement with an agreement to release the lien. This is assuming you can even afford to pay a settlement. Final option: just pay the 1st. Consider yourself renting with tax...

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  5. Collection Status: Creditor Cannot Locate Individual. Unknown To Me Until Viewed in Credit Report

    Answered about 3 years ago.

    1. John Gerth Merna
    2. Mitchell Paul Goldstein
    3. Theodore Lyons Araujo
    4. Gary D. Bollinger
    4 lawyer answers

    I agree with attorney Goldstein on the potential source of the debt. Unless you notified the storage yard of your address the only source of locating you would be through the state motor vehicle department or documentation in the vehicle such as your vehicle registration. If the address on either of those sources was not current that might explain the lack of actual notification. I suggest trying to settle the debt is your best course of action.

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  6. My Doctor has a bill for 5000 00 insurance has denied several times, I am preparing to file chap 7, what happens if this claim

    Answered about 3 years ago.

    1. John Gerth Merna
    2. Michele Lea Hanash
    3. Juan Carlos Burgos
    4. Eric Charles Lewis
    4 lawyer answers

    Include the claim in your bankruptcy and let the doctor work it out with the insurance company. Medical bills are dischargeable in a Chapter 7.

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  7. Please help answer a question! When a bankruptcy case is over/ but the person lied on it and is now got a judgement against me

    Answered about 3 years ago.

    1. John Gerth Merna
    2. Stephen Clark Harkess
    3. Theodore Lyons Araujo
    4. Sharon Denise Demarque
    4 lawyer answers

    This comes up often you have two issues to be addressed. The first issue is you should write a letter to the trustee on the persons case including the case number and outlining the information that was not disclosed. The second issue is of more import to you. Assuming the cause of action against you arose before the plaintiff's bankruptcy, in order for her to pursue this cause of action she would have had to disclose it in her bankruptcy. If she did not disclose it then you have a defense...

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  8. Does a former owner of a rental property have any legal right to personal property that was left after it was foreclosed?

    Answered almost 3 years ago.

    1. Gary Alan Armstrong
    2. John Gerth Merna
    3. Steven Anderson Leahy
    3 lawyer answers

    Authority to enter and ownership of the property are two separate issue. I suggest you refer them to the new owner to obtain authorization and confirm ownership of the property in question.

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  9. Do I need an attorney to begin foreclosure on my own home?

    Answered almost 3 years ago.

    1. David Matthew Gotzh
    2. Steven Anderson Leahy
    3. John Gerth Merna
    3 lawyer answers

    The easiest answer is "you do not need an attorney to trigger a foreclosure. You just need to stop making the payments." You should, however, consult an attorney regarding your options and the impact of the foreclosure. Several issues that should be addressed: Will you have a deficiency obligation to the mortgage company? Will you be liable to the tenant? The effect on your credit? Options to avoid these potential problems? At the same time an attorney could address how to use the legal...

    3 lawyers agreed with this answer

  10. What can i do, my bankruptcy lawyer was paid in full up front and lied to me about items he could save for us?

    Answered about 3 years ago.

    1. John Gerth Merna
    2. Theodore Lyons Araujo
    3. Nicholas I Fuerst
    4. Marc Gregory Wagman
    4 lawyer answers

    Forget for the meantime your dispute with your current lawyer. Go to speak with another bankruptcy lawyer immediately even if you have to pay for the consultation. Your priority right now is to resolve the situation with regards to the property. Look for an attorney that has been practicing almost exclusively bankruptcy and has been practicing it for over 10 years. This may help you get the expertise you need. If all else fails you may have to convert to a Chapter 13 to protect the...

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