Chae A. Dupont's Answers

I need an attorney to look at a contract before I go into agreement with management firm and attorney to save my home. HELP!

I strongly, strongly advise against you entering in to this agreement with the attorney and the management company. If you sign a Quit Claim Deed, you are essentially giving the management company your property. Of course, you are still liable for the mortgages on the property, but you will lose the home to the management company with no recourse. I consider this nothing short of a scam. In addition, the attorneys' fees seem rather high to me. Check out our website (www.homemortgagelaw.com)...

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I received a foreclosure summons in FL Mortgage was created as part of divorce settlement - signed by myself and ex-husband.

If I understand your question correctly you are liable under a Note/Mortgage but you signed a QCD so you are no longer on the title to the property. Is the mortgage still showing up on your credit report? You do not necessarily have to respond to the summons but if you do not your interest in the property will be foreclosed upon and if you are still legally liable for the Note/Mortgage the lender can still go after your assets if your ex does not settle the foreclosure action through short sale...

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What is the best action to take if my house is going into foreclosure?

The first thing that should be done is to see if your lender correctly calculated your income to determine a 31% of gross income mortgage payment for you (including taxes and insurance.) I agree, reducing your interest rate to 5% and extending the loan to 40 years is typically not enough to entice a borrower to accept a loan modification, especially if you have negative equity on the property. I agree with the other answers, very often bankruptcy is not the best solution, especially when...

Can I write my own response to the Complaint and Notice of Lis Pendens, HAFA SS approved, waiting for closing date.

I'm sorry to hear that BOA has filed a foreclosure action against you while you were attempting a HAFA Short Sale. Congratulations on getting an approval. Make sure that you stay in contact with BOA every six to eight business days to see if they need any further or updated documents until closing. As indicated, it is not advisable to respond to a lawsuit pro se, but I understand that you don't want to spend the money to retain counsel. However, based upon your circumstances, you might be...

After a foreclosure has been approved by the bank. How to know if the foreclosure case in court has been closed?

Your question is somewhat confusing to me. I am going to assume that you are asking if the sale of the property has been completed, i.e., the bank has taken possession. One of the ways that you can tell is by looking at the docket, which you seem to be familiar with. Does it show a sale date that has passed without a Notice of Cancellation? Has a certificate of title been issued? You state that the last docket entry was a Notice of Appearance. That leads me to believe that an attorney has just...

Can I move out while my house is for sale during a short sale?

I agree with my fellow counselors answers, but I would add two points. If you remain in the property during the short sale process you may be eligible for a "cash for keys" program from your lender wherein your lender will agree to give you a cash bonus (Chase is offering cash for keys for up to $45,000, although typical is $3000). In addition, depending on where you live, you could be making your home vulnerable to burglars who scour the MLS looking for vacant properties to vandalize,...

How do I find out the status of my foreclosure?

Use the key words "Clerk of Court" and the county in which you live in a websearch. That should bring you to the county clerk of courts office webpage. Look for online services or online search and civil cases. Once there you should find a search bar. Type in your name and your case should come up. Click on "docket" to monitor your case file for any pleadings or actions of the court. Have you submitted a loan modification application with your lender? If not, I would recomment that you do...

I'm a Realtor , owner/seller in foreclosure. We have a closing scheduled in two weeks.

I highly recommend that you have get your client's permission to discuss the issue in more detail with your Client's bankrupcty counsel. Without more details as to how the pending foreclosure and sale would affect the outcome of the debtor's bankruptcy, it is difficult to answer this question. There could be other variables which are affecting the bankrutpcy and the sale of the home via a short sale could be detrimental. In the alternative, your Client's Bankruptcy Counsel may just be acting...