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H. Dillon Graham III
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H. Graham’s Answers

60 total


  • Second mortgage sues me for deficiency after short sale. Can the bank do that?

    I had a second home in Florida (live in another state). There was a first and second mortgage on the home. I couldn't make the payments on the note so I went into discussions with both lenders for a short sale. The first mortgage got paid almos...

    H.’s Answer

    If the second lender did not agree to waive the deficency, then they can take the money and still sue you. If the short sale agreement is silent about a deficency you can argue that by accepting the $3,000 they waived the right to seek a deficency.

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  • How long can an attorney "delay" a foreclosure?

    I have already been served with foreclosure papers. I work in a commisioned based job and there are prospects of the business picking back up. Can an attorney delay foreclosure for a period of time until my income picks back up? Or should I...

    H.’s Answer

    Foreclosure defense lawyers do not delay. What we do is assert the multitude of good faith defenses availible to fight your foreclosure. In the process you may wind up living in your home for 4 plus years without having to make any payments on your mortgage. Taking action for the sole purpose of delay is unethical and strictly prohibited. Foreclosure defense lawyers are not in the business of delay. We are protecting the rights of good people who want to stay in their home. We fight against unreasonable, gredy lenders who are largly to blame for the crash of our economy and the loss of jobs.

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  • Deed in Lieu of Foreclosure and a Promissory Note payable to the Mortgage Insurance Company OR a Foreclosure?

    Our home is in foreclosure. The amount owed is $290,000.00. We offered the Bank a Deed in Lieu of Foreclosure and they accepted if we execute a Promissory Note for $20,000.00 payable at $105.00 per month for 15 years. The home is owned by my ex-...

    H.’s Answer

    Sounds like a bad idea. You can fight the deficency judgmnent after the house is sold.

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  • Final Judgement of Foreclosure

    I was having financial difficulties paying my mortgage and tried to work with the bank. I was not approved for any type of help and rented out my home. The tenant feel behind on payments and caused me to go into foreclosure. He recieved the sum...

    H.’s Answer

    You can ask the Judge for extra time before the sale. They ususally agree to about 4 months. If you want to keep the property you probably have valid defenses that will prevent the lender from getting a final judgment anytime soon, but you need an attoreny to do it.

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  • MY Question is my loan is a a VA loan thru Bank of America, so if im in foreclosure status

    what am my options under a VA loan, also if i make to much but all my expensives go out to to creditors, and not enough to pay the mortagage ? i believe i am not qualified to do an chapter 7, What are my next move to do? , I explained to the...

    H.’s Answer

    I don't think the fact your loan originated through the VA has any impact on the foreclosure procedings. If you have credit card debt it is easyer to negotiate that than a meaningful loan modification at least in the short term. If you want to stay in the house then get a good foreclosure attorney to fight it. You can buy yourself time to see what the gov't is going to do in terms of real assistance for this crisis. Once you are out of the house, its gone.

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  • I am a tenant in a house that is being foreclosed and I got a notice for Motion for Default against ME?

    The owner of the house I am renting has a foreclosure against him. I was named on the Lis Pendens action(as a Tenant) from April. I have no interest in the property other than as a tenant. I am not sure what they are trying to do and I do not have...

    H.’s Answer

    The lender who is seeking the foreclosure wants clear title after the foreclosure is granted against the homeowner. So they sue eveyone who has any interest in the property. When the foreclosure is entered you may have to vacate the premises unless the lender or whoever buys the proerty argees that you can continue renting.

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  • I have just received an "Affidavit In Support of Motion for Final Summary Judgment." What is my next step?

    I have been sold and bought so many times that it's been hard to keep track of who owns me. I do know that the promissory note is lost. I'm just not quite sure how to employ this knowledge to my advantage. I am trying to get back on track after...

    H.’s Answer

    The lender has to produce the original promissory mote to prove their case. However, if you go into court with that line as your only defense you will lose. The Judges are under too much pressure to move foreclosure cases that are clogging up the system. Unfortunately you need an attorey to fight for your rights, but the cost is pretty reasonable.

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  • Can I file a motion to extend the sale date of my home so Ican pay the money I owe the association and retain the home

    I want to stop the sale of my home. It is being foreclosed on by the association

    H.’s Answer

    Yes, you can file a motion, but set it for hearing as well. Call the Judge's office. If you need a form let me know.

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  • How do I stop an association from selling my home

    they have set a sale date and I need time to pay them. Is there a way to get an extension

    H.’s Answer

    You can contact the Associations attorney and ask for an extension. Generally they just want to get paid.

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  • Bank backing out of foreclosure, and I want to pull escrow

    I was under negotiations with the bank, for 18 months they put me on hold, when out of no where, they filed foreclosure papers. I filed a motion to dismiss based on the fact that we had emails stating they were compiling a modification. My que...

    H.’s Answer

    You can ask the bank to remove the escrow requirement. That decision is up to them.

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