Robert D. Buechler’s Answers

Robert D. Buechler

Port Huron Bankruptcy Attorney.

Contributor Level 5
  1. Do you have to pay property taxes on a foreclosed home? Owner died, does estate still have to pay?

    Answered about 1 year ago.

    1. Robert D. Buechler
    2. James P. Frederick
    3. Reese Serra
    4. John W. Drury
    4 lawyer answers

    If the bank foreclosed and was the successful bidder at the foreclosure sale, and the redemption period has expired, then the bank is the owner of the property and is responsible for the property taxes. If the property is vacant and the bank has it listed for sale, it is likely that the redemption period has also expired. It is possible that the city treasurer has not updated the property owner information since the foreclosure sale. Under Michigan law, property taxes must be paid in order...

    Selected as best answer

  2. Sueing a LLC that is no longer in operation, or changed owners?

    Answered about 1 year ago.

    1. Robert D. Buechler
    2. Dani K. Liblang
    3. John Mark Wilk
    4. Cheryl Rivera Smith
    4 lawyer answers

    Service on the resident agent would be appropriate. It sounds like you may have some additional claims for violations of the Michigan Consumer Protection Act, which would allow you to recover damages and attorney fees. You should probably have a good attorney review the documents that you have to see if you have any additional causes of action. However, if there is a question as to whether this company is still operating, you run the risk of spending time and money to get a judgment...

    3 lawyers agreed with this answer

  3. I am losing my home. Should I stop making payments on a second loan that has a lien on my house?

    Answered about 1 year ago.

    1. Robert D. Buechler
    2. Shawn B Alexander
    3. Cheryl Rivera Smith
    3 lawyer answers

    The company can sue you to collect on the debt when you default, and they do not necessarily have to wait "until the dust settles." If there are issues with regard to the work performed, you may have the ability to raise these as defenses, but it would depend on the terms of the contract. Failing to make payments will almost surely act as a default, which opens you up to the possibility of a lawsuit. If FCC recorded a lien on the property, your first mortgage company will most likely not...

    3 lawyers agreed with this answer

  4. Should I consider strategic default?

    Answered about 1 year ago.

    1. John Mark Wilk
    2. Robert D. Buechler
    3. Thomas O. Moens
    3 lawyer answers

    I agree with the previous answers suggesting that you attempt to work with the lender prior to just walking away from the property. While your comments suggest that you attempted this a few years ago, the market has changed, and lenders seem to me more willing to explore short sales rather than going through the foreclosure process. There are many attorneys and realtors that are experienced in these transactions, who could assist you with the negotiations. As you have experienced, the...

    3 lawyers agreed with this answer

  5. Home equity loan balloon payment is more than the house is worth. Loan is for $126,000 house worth about $40,000

    Answered about 1 year ago.

    1. Allan M. Darish
    2. John Mark Wilk
    3. Robert D. Buechler
    3 lawyer answers

    You should first contact your lender to see what modification options are available to you. The lender may be able to modify the loan to a term you can afford. As the other answer stated, you will need all owners of the property to contact the lender in order to apply for a modification. If the lender is unwilling to work with you, you should contact an experienced bankruptcy attorney to review your financial picture and run through your options, especially if you have other debt in addition...

  6. Can I put a car in my name after filing bankruptcy but before the case is discharged?

    Answered over 4 years ago.

    1. Robert D. Buechler
    2. Thomas R. Morris
    3. Yvonne Michaud Novak
    4 lawyer answers

    Any property that you receive within 180 days after you filed your bankruptcy becomes part of the bankruptcy estate. This means you would need to amend your bankruptcy schedules to show the new asset. There is a possibility that the Trustee could attempt to sell the asset and use it to pay creditors. If the car is not valuable, or if you still have exemptions available, it should not be too much of an issue. However, your duty as a debtor while still in bankruptcy is to update the Court to...