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Margery Ellen Golant's Answers
Contributor Level 19
- 3,059 Legal Answers
- 21 Legal Guides
1
Attorney answers:
Deed in Lieu vs. Foreclosure (State of California) What is the benefit of Deed in Lieu vs. Foreclosure?
So long as the deed in lieu of foreclosure states that it is given in full resolution of your obligation on both mortgages, that is an excellent solution to the problem. However, be very careful that both mortgages are included. Odds are that Chase is the servicer of both mortgages, not the owner. Further, odds are that there are different owners of the two different loans. Chase as servicer probably has power of attorney to agree on behalf of both, but if that does not happen, the holder...
60 people marked this answer as helpful
4
Attorney answers:
Foreclosure procedure in Florida state, procedure for responding to a foreclosure summons
Nio, it DOES NOT put the process on hold, don't believe them. Even if they mean it (and they often don't), their internal communication is beyond poor. If you don't defend yourself within the 20 days, you can lose the ability to do it at all. Then, IF you get a mod, it may be completely unworkable, or you may never get it at all, and then you will have lost your ability to fight back. The ONLY way to protect yourself is to raise defenses. And, do not try to do this yourself - you will...
25 people marked this answer as helpful
3
Attorney answers:
If we convert our chapter 13 to a chapter 7 can we still keep our home
There is a bill pending right now in Congress that, if it passes, will allow people in Chapter 13 to ask the court to mdify their mortgage, to reduce it to the current value of the house, and then to restructure the payments, so, in effect, like a refinance. It is pending in Congress right NOW, and if it passes it is intended to be effective immediately and to be available to people currently in Chapter 13. So, if you can possibly hang on, please try. Under the current rules, Chapter 13 is...
28 people marked this answer as helpful
2
Attorney answers:
A judgment has been entered against my husband under PA community property and debt laws am I also liable
Pennsylvania does not have community property. If you did not sign the note for the mobile home, the creditor has no recourse against you. However, if there are untitled items in your husband's possession that belong to you, it is possible that they could be levied upon, since there is no obvious way to tell who they do belong to. If any demands are made on you, you need to consult a qualified attorney in your state. The National Association of Consumer Advocates (NACA) maintains a...
24 people marked this answer as helpful
4
Attorney answers:
Estate lawyer doesnt seem to do anything about house going to auction
If your girlfriend has documentation that she was appointed by the court as executor, the mortgage company cannot refuse to deal with her, although she may need the assistance of an attorney to get through the fog at the mortgage call center. These are people reading a script frrom a screen, who have no understanding of the law at all. However, the first consideration is whether there is anything about this house that makes it worth the time and money to do to avoid foreclosure. What is the...
11 lawyers agreed with this answer
1
Attorney answers:
Can my condo association put a lien on my property for non payment of fees, can they foreclose on my property
The Condo Association most definitely CAN and WILL foreclose its lien on your condo, and will wind up owning it - and you WON'T own it anymore. It would be a huge mistake to let this go forward. The condo declaration gives the association a lien on your unit for upaid assessments, which they can foreclose and sell out from under you. Condo. associations are aggressvely moving to collect maintenance that is in arrears. The large number of foreclosures are causing the associations to be way...
21 people marked this answer as helpful
2
Attorney answers:
Is there a statute of limitations on collecting a credit card debt
Please dont't assume that you are safe from the debt collectors on this account, even if the statute of limitations has run. Be aware that, even though the statue of limitations may have run, debt collectors tend to be extremely aggressive. They CAN and DO sue debtors over time barred debts (where the limitations period has run). Most consumers have no idea how to handle this situation, and so the creditor winds up with a judgment anyway. I have seen numerous examples of cases where the...
24 people marked this answer as helpful
5
Attorney answers:
I am being sued by a credit card company, can I discharge this debt through bankruptcy even if a lawsuit has been filed
Yes, if you qualify, you can file either a Ch. 7 or a Ch. 13. However, you may have other options as well. There are companies called "debt buyers" who buy up old debts from various companies, and then aggressively go after the debtors, including lawsuits. They even do this with time-barred debts. Even if the statute of limitations has expired, it is possible to revive an old debt in a number of ways, sometimes inadvertently. The debt buyers take advantage of this, and sue people counting on...
23 people marked this answer as helpful
5
Attorney answers:
Canm I file ch apter 7 and keep my house?
Depending on when you bought the house, you may or may not have an issue. Florida has an unlimited homestead exemption if you have owned the property for more than1215 days before filing. If you have owned if for less than that, you need to be careful that the equity in the property fits within the exemptions you are allowed, because there is a cap on the homestead exemption which changes a bit each year, and right now is approximately $146,450. Make sure to speak to a knowledgable...
9 lawyers agreed with this answer
3
Attorney answers:
FL foreclosure laws, answering a summons about foreclosure
Hello. Responding properly to a foreclosure summons and complaint is very tricky. There are not many people who know how to do this. If you do it incorrectly, it can make matters worse instead of better. Many foreclosure complaints claim that the note is lost. That is often not really the case - they say that to get the action started before they find the note, and then remove that claim later, after they find it. Not honest, but that is what is often done. If the mortgage was...
18 people marked this answer as helpful