Skip to main content
John Frederick Stimson
Avvo
Pro

John Stimson’s Answers

38 total

  • Do I hire a lawyer to help with my situation or should I deal with the mortgage company directly?

    I've been going through a difficult time and my house is going into foreclosure due to missed payments. I want to stop the foreclosure process and save my house.

    John’s Answer

    You most certainly should consult a lawyer. Mortgage foreclosure is a complicated process and presents numerous opportunities for the lender ( who is represented by counsel at every step) to take advantage of you. See a lawyer.

    See question 
  • Can the bank sell your mortgage when they are forclosing on you when the bank is the one that filed the paperwork?

    bank sold mortgage to another company and the new company is trying to tell me my house is up for auction in 30 day s and have to be out in 60 dAYS ive been going to court with the bank who we got our mortgage through so how can this company not...

    John’s Answer

    Yes. The entity that bought the mortgage can substitute in as Plaintiff and continue on with the existing case. You should make sure, however, that they submit the proper paperwork showing the new plaintiff has a right to substitute and that the substitution is done properly.

    See question 
  • My home is going into foreclosure. Is it possible for my friend to buy the property for current market value?

    My home is going into foreclosure and my right to redemption expires on 11/23/14. I owe the bank 300K but the property is only worth 170K per my 2013 taxes. I have already filed bankruptcy and cannot make payments. My friend would like to buy the ...

    John’s Answer

    Yes. You will have to sign an "Arms Length Affidavit" stating that the deal you made is a fairly negotiated one.

    See question 
  • I filed bankruptcy and was discharged in 2008... the property today 2014 is still in my name no foreclosure has been done,.

    Has the statue a limitation been reached. Can I file for dismissal? The houses in the state of Florida

    John’s Answer

    I agree with the prior answer--you should consult a FL attorney on this. That being said, it would be very unlikely that the bank has lost its right to foreclose on the property. Again, consult a FL attorney.

    See question 
  • I have a Judgment of Foreclosure and Sale dated March 14. I filed a motion to Vacate.... Does this push out Any Dates?

    I have a Judgment of Foreclosure and Sale dated March 14 The Right of Redemption expires on June 12 I filed a Motion to Vacate (new discovery added - found) within the 30 day limit. Motion is set to be heard June 23. My Questions Are: 1 does m...

    John’s Answer

    The filing of your motion to vacate the judgment alone probably does not stay the running of the redemption period. The foreclosure court or a bankruptcy court may stay the running of the redemption period, but as things now stand your redemption period expires in mid-June and may not be revived after it has run. Also, be aware that if you decide to redeem, you must give the Plaintiff's attorney 15 business days prior notice of your intention. Such a notice in your case would probably be due around May 20. Thus, you need to act soon to preserve your right to redeem. It is probably best to consult an attorney.

    See question 
  • How do I remove my name from a property that's being foreclosed on?

    I was listed on a mortgage loan and not the deed, and the property is in the process of foreclosure I declared bankruptcy in 2009 and I just recently found out that the property still showing me as the owner? is there anything I can do to remove ...

    John’s Answer

    If you are not "on the deed," you are not the owner. If you signed the mortgage, however, you will remain a party in the foreclosure until it concludes. There is no getting out of the foreclosure case. You will just have to wait it out.

    See question 
  • Illinois If my stay is not granted on my foreclosure sale and sale is to be with in a half hour

    The foreclosure sale is on my house monday at 9:30. I filed an emergency motion for a stay which the judge will hear also on monday right before the sale. I have my bankruptcy papers prepared and ready to file if the stay is denied. My problem i...

    John’s Answer

    You should hire a bankruptcy lawyer this weekend and make sure he/she will file the Bankruptcy petition for you Monday morning.

    See question 
  • Illinois how to write/prepare or a fillin form motion to emergency stay foreclosure sale and vacate judgement ,that's on monday

    I missed foreclosure court I was in jail on a traffic ticket in another county when there was summary judgement hearing which result in judgement in November. The sale is Monday I have my counseling and bankruptcy paper prepared to , but if the...

    John’s Answer

    I agree with my colleagues about obtaining a lawyer-- do it today! His/her first action on your behalf must be to attempt to vacate the judgment and obtain leave to respond to the Motion for Summary Judgment. If there are defenses, like TILA, your lawyer can then address them for you.

    See question 
  • In Personam Deficiency Judgment???

    Mtg Co purchased mtg; i owed 231K when payments stopped, they purchased for 231K; In person deficiency judgment is asking for 59K; basically all the late fees, legal fees & such; my ex claimed bankruptcy CH7 immediately after moving out so i assum...

    John’s Answer

    I agree with the attorney who answered previously, you should at try to fight the deficiency in the court. Your chances of success would be enhanced if you have a lawyer. What you pay the lawyer could be well worth it.

    See question 
  • Is there a defense in foreclosure to substitution of plaintiff after mortgage was sold?

    I have been challenging PNC foreclosure successfully past 18 months pro se. Case dismissed once based on HUD procedural violations - PNC refilled. Prior to court date PNC sold loan to Kondaur. Pretty sure that indicates PNC could not foreclose. Ho...

    John’s Answer

    Plaintiffs can be substituted in a lawsuit. However, the mere fact that your opponent is claiming another party is the proper plaintiff raises a question: Does the new Plaintiff have the right to enforce the note? I would engage an experienced foreclosure attorney who could make this argument for you. It will probably involve some legal work to bring it before the judge in palusible way. But, you will most certainly postpone judgment if the argument is presented properly.

    See question