John Gerth Merna’s Answers

John Gerth Merna

Virginia Beach Foreclosure Attorney.

Contributor Level 15
  1. Can my ex-wife be held accountable for letting house go to foreclosure after I quit claimed it in the decree?

    Answered over 2 years ago.

    1. Marilyn Ann Solomon
    2. John Gerth Merna
    3. Jennifer E Mandell
    4. Robert Ricci
    5. Peggy Margaret Raddatz
    5 lawyer answers

    Unfortunately, the terms of a divorce decree are enforceable only between yourself and your former spouse. A divorce decree does not take the obligated parties off a debt. Additionally, transfer of the title of the property through a quit claim deed does not remove you as an obligated party from the mortgage. If you have signed on the mortgage then you may be responsible for a deficiency balance on the mortgage after the foreclosure. Your ex-wife's bankruptcy only protects her, not you....

    1 lawyer agreed with this answer

  2. Do we have to pay rent on a foreclosed property?

    Answered almost 3 years ago.

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

    I agree with Attorney Chen, your obligation to pay rent to the landlord exists regardless of the status of the loan on the property. Once the property is foreclosed, your obligation to pay will be to the new owner. However, in most cases the new owner want the tenant to move and does not press the issue of rent payment. Under federal law, you have 90 days as a tenant to move from a rental property that has been foreclosed.

    1 lawyer agreed with this answer

  3. My landlords house is going up for forclosure sale 2/1/12 he didnt tell me, i found out on my own.

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Daniel Mark Press
    2 lawyer answers

    You have to refer to your lease document. If the lease requires no notice at it termination then his notification is not require. However, this is not the normal terms of a lease. Generally, the landlord is required to provide 30-day notice. If the landlord has more than four units in your city other rules apply. Contact an attorney to review the lease. The landlord is still responsible for returning you security deposit.

    1 lawyer agreed with this answer

  4. In the state of virginia, am i responsible for credit card debit in my husbands name only?

    Answered almost 3 years ago.

    1. Jason Meyer Krumbein
    2. John Gerth Merna
    3 lawyer answers

    Mr. Krumbein is correct. I would add that if your husband is ultimately sued for the debt, a garnishment of any joint bank account could effect any funds you have in that account until you tprove ownership. Additionally, a garnishment of your husband's wages will take 25 percent. This could have a significant impact on your household. You may want to encourage your husband to consider filing a bankruptcy to eliminate his debt and the risk it brings to the family income. We offer a free...

    1 lawyer agreed with this answer

  5. I am being sued by a credit card company and I am on SSI.

    Answered almost 3 years ago.

    1. Jason Meyer Krumbein
    2. Eric Charles Lewis
    3. Tom Arany
    4. John Gerth Merna
    4 lawyer answers

    ssIf the credit card company wins a judgment your SSI is not vulnerable to garnishment. However, your property is vulnerable to a lien if you are on title. You may have other vulnerabilities. You should consult a bankruptcy attorney to determine your options. Many, such as us, offer free consultations and payment plans to make filing affordable. John G. Merna The Merna Law Group 3615 Virginia Beach Blvd. (757)340-4070 www.MernaLaw.com jmerna@mernalaw.com

    1 lawyer agreed with this answer

  6. My home has been foreclosed and sold to an investor. I live California, buyer indicated will serve me with a 3 notice to quit.

    Answered about 3 years ago.

    1. Frank Wei-Hong Chen
    2. John Gerth Merna
    3. Ryan Anton Jacobsen
    3 lawyer answers

    In addition to the information provided by my colleagues you should weight the long term impact of having an eviction on your record. If you vacate prior to the eviction hearing and attend the hearing to advise the court they will generally not enter the judgment for eviction.

    1 lawyer agreed with this answer

  7. Hello, my friend has a home that has been foreclosed on and she offered me a deal! I can stay in her home and pay her low rent.

    Answered about 3 years ago.

    1. John Gerth Merna
    2. David A. Mcdonnell
    3. George Ellis Corson IV
    3 lawyer answers

    If the house has already foreclosed then "your friend" does not have the authority to rent it. The person or company that purchased it at foreclosure is the actual owner or landlord. The 90 days she speaks of only applies to an existing lease at the time of the foreclosure.

    1 lawyer agreed with this answer

  8. Can your job allow for your wages to be over garnished?

    Answered about 3 years ago.

    1. John Gerth Merna
    2. Gary D. Bollinger
    3. Tazewell T Shepard III
    3 lawyer answers

    It may be possible to recoup the funds from the creditor. Additionally, if you were to file a bankruptcy before the December 21st date you could recover all the funds withheld during this garnishment cycle. Given that your credit is already bad and you have at least one judgment a bankruptcy might be of value. To explore this option contact us below. John G. Merna, Esq. The Merna Law Group, PC 3623 Virginia Beach Blvd., Virginia Beach, VA 23452 (757)340-4070

    1 lawyer agreed with this answer

  9. How much will a foreclosure affect my credit after my discharged CH 7?

    Answered about 3 years ago.

    1. John Gerth Merna
    2. Frank R Sariol
    3. Dorothy G Bunce
    4. Shannon E Wynn
    4 lawyer answers

    I would disagree with my two colleagues. A foreclosure after the filing of a bankruptcy should not effect your credit at all. The reason for this is that bankruptcy stops all attempts to collect on a discharged debt. Credit reporting is recognized as a coercive means to force debtors to pay their debt. Therefore, any post-bankruptcy reporting by the mortgage lender would be in violation of your bankruptcy. This would be different if the foreclosure occurred through the judicial process....

    1 lawyer agreed with this answer

  10. I received all of the docs required to foreclose b4 filing Bankruptcy it was dismissed does the bank have to resend the NOTS?

    Answered about 3 years ago.

    1. John Gerth Merna
    2. Patrick D. Devine
    3. Mitchell Paul Goldstein
    3 lawyer answers

    If the case was filed after the notice of sale then the trustee will have to renotice the sale to proceed with the foreclosure. However, the foreclosure can not proceed unless the mortgage company files a Motion for Relief from the Automatic Stay so they may proceed with the foreclosure or you case is discharged. Generally, it takes about a month to get relief from the Automatic Stay although their are faster mechanisms if they wished to speed it up.

    1 lawyer agreed with this answer

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