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John Gerth Merna
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John Merna’s Answers

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  • What will happen if i can no longer pay property tax on a house that is undergoing foreclosure?

    i pay property taxes on my own & not part of mortgage, 8K/year, the house is undergoing foreclosure proceedings, what will happen if i can no longer pay property taxes

    John’s Answer

    If the house is ultimately sold, the new owner will be responsible for paying the back taxes.

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  • Then how do I get my deed?

    The courthouse shows there is still a mortgage on my house.

    John’s Answer

    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.

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  • How to avoid foreclosure with unemployment hardship

    IAM CURRENT ON MY MORTGAGE BUT LENDER DENIED MY HAMP REQUEST AS I REQUESTED FOR TRIAL PERIOD AND CONSOLIDATION OF MY MORTGAGE AND PAYMENTS PLANS BUT THEY DENIED W/OUT CONSENT PLS. ADVICE ME ACCORDINGLY ...

    John’s Answer

    Without any income you have zero ability to pay. Unfortunately, while a temporary delay in foreclosure may be possible, without regular income a modification is a dead end. Focus on recovering your income as quickly as possible.

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  • How do i find out the lending institute on my mom's estate her property is up for auction next week, i knew nothing about

    my siblings do not talk to me at all, mom passed in mar 2011. do i have any rights to her belongings, house, property, if it is auctioned where does the money go??

    John’s Answer

    You would have to go to the city or county records and search under your mother's name or the property address to get the information on any foreclosure process.

    With regards to any rights to your mother's property this would depend on whether she left a will. If she left the will, the terms of the will would dictate. If she did not leave a will, state law provides how her property would be divided.

    You should contact an attorney immediately considering a foreclosure auction is pending If there is equity in her house the sale will deplete a large some of money that potentially would go to the heirs.

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

    I am 2 months behind on my mortgage due to my ex being delinquint on child support payments. I rent my condo and currently have a tenant living in the unit who is paying rent and who's lease is not up until August 2012. Their rent does not cover...

    John’s Answer

    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 system to pressure your ex-husband into becoming current on his support.

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

    We are leasing a house from a HOA that enforced non-paid HOAs to obtain the title. The house is heading for Trustee Sale on 1/6. What happens next? The house's opening bid is at about double its true market value (there are three mortgages total...

    John’s Answer

    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.

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

    Is it best to have a lawyer research the liens or can one easily do this by researching public records? We are also concerned about the current homeowners causing harm to the property prior to leaving. Does this happen routinely? Thank you.

    John’s Answer

    • Selected as best answer

    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 will take the property as an REO at foreclosure because a bid is not place for an amount higher than the balance due on their loan.

    Homeowner damage to the property depends on the homeowner. I am aware of instances where the houses have be stripped of their trim and copper piping. On the other hand, if the tenant still occupies the property the chances are better that malicious damage has not occurred. The cash-for-keys program, which most mortgage companies now employ, is an attempt to decrease damage. Be aware, however, that is common that a property that has gone through a long foreclosure process is generally neglected in some regard.

    Your other alternative to talking the risks including unknown liens is to purchase REO properties directly from the bank. This would allow you to view the property in advance. You could also consider looking for short sale opportunities.

    Lien research is relatively uncomplicated and can be learned. However, you may want a lawyer or title companies assistance with your first effort.

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  • Is it legal for a county to sale a disabled person house if they where not notified of it

    They sold my house this yr and they served me sevan yrs ago and they just sold it this yr I just think they where wrong and there is just no help out there for people who are disabled

    John’s Answer

    In most states inexpensive or free legal assistance is based on income not on disability. If your income qualifies you for free legal assistance you could contact the state bar or the local legal aid society. The notice your state in your question would be improper.

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  • I in default on first and second first will reinstate will second do so

    talked to first mortgage holder they will reinstate will second do so

    John’s Answer

    In most cases a second mortgage lender is highly motivated to workout some arrangement for payment or to settle the debt since in a foreclosure they generally receive nothing. The only way to find out for sure is to ask.

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  • Ugh, I am so confused. When can I get a new home loan?

    I am 1.5 years out of Chap 7 discharge where my 1st and 2nd was included, did not reaffirm. Being foreclosed on. When can I apply for another loan? Are the last 1.5 years washed away and we start over again? Under which to I apply? Thanks,...

    John’s Answer

    Unfortunately, your question is not a legal question. The answer is based on the qualifying requirements for the loan. The question to ask the lender is do you fall under the bankruptcy rules for qualifying since you "surrendered" the property in the bankruptcy and the foreclosure was just the legal procedure for taking back the title? Or do you fall under the foreclosure rule since regardless of the fact that you surrendered the property in a bankruptcy, a foreclosure did occur?

    Regardless of the answer it is clear for the facts that you provided that you do not currently qualify under either of the two "rules" you listed in the question.

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