If your loan qualified for a principal reduction, you likely would have received one this time around. However, in the hundreds of modifications that we have completed, there are times that a client will reject a loan modificaiton and then later receive a principal reduction. With this said, it depends on your type of loan as most loans do not qualify. Then, it depends on the investor who owns your loan. A qualified and experienced attorney can advise you as to whether you at least meet the...
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Many homeowners make the mistake of not hiring an attorney while they are in foreclosure. Many beleive they can represent themselves. You are doing yourself a disservice. The issues you raise are not grounds for valid defenses as long as the lender meets the other more important criteria. Endorsement, holder of note and mortgage, originals to note, supporting affidavits, etc. Speak with a qualified, experienced attorney and that attorney will find the defenses that will help you. Simultaneously,...
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Sounds like you just have a disgruntled opposing party. From what I understand, you have followed the law and have garnished wages based on a valid final judgment. That's legal.
You have a couple of things going on. First, as to the final judgment and sale date, typically the judge will set a foreclosure sale date between 45-60 days from final judgment. However, with an aggressive attorney, you may get more time. As to the second issue, if there is a court order that requires conciliation, then the lender should not be entitled to a sale date. With all this said, it is imperative that you obtain a qualified and experienced attorney to help you. Some Attorneys will...
Consult with an attorney as soon as possible. This matter is a probate and landlord/tenant issue. He may have the right to collect rent depending on the situation. Whoever is the rightful owner of the property has the right to collect. The rightful owner, as of right now, is the biggest question you need answered from an experienced attorney.
If you intend to file bankruptcy, the court will be looking at all of your assets. If you "need" a vehicle, you can absolutely purchase a vehicle. However, it would be best to consult with an attorney before you make such a purchase to discuss the specifics of the value and expense of the vehicle, along with a discussion of all of your other assets.
I am assuming the home is upside down and a short sale would be required. If that is the case, it must be an arms length transaction, meaning immediate family such as yourself cannot purchase the property. Unless, however, the lender is aware that you are purchasing the property and has no problem.
As to maintenance fees in paritcular, post-petition debt you will be liable for; however, pre-petition debt you are not. Therefore I recommend you request an itemization of unpaid maintenance fees so you can ensure that the fees being sought are correct. Attempt to do a settlement on the outstanding fees owed post-petition. You may also want to complete a short sale or a deed in lieu of foreclosure to get the property out of your name.