John Frederick Stimson’s Answers

John Frederick Stimson

Skokie Foreclosure Attorney.

Contributor Level 8
  1. Mortgage company refuses to pay property taxes can the property be sold?

    Answered 9 months ago.

    1. John Frederick Stimson
    2. Judy A. Goldstein
    3. Kevin Benjamin
    4. Harry B. Epstein
    5. Robert Lee Stone
    5 lawyer answers

    Delinquent property taxes may be "purchased" at a tax sale by a private entity, but not by the government. If this happens to your personal residence, you have two years after the tax sale to "redeem" the taxes, that is, pay the tax purchaser the amount of the taxes plus interest, fees, etc. During this time, neither the tax purchaser, nor the government can sell the property based on the tax delinquency. However, the bank can press forward with its foreclosure during this time and obtain an...

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  2. What does a LIS PENDENS AND NOTICE OF FORECLOSURE MEAN?

    Answered over 2 years ago.

    1. John Frederick Stimson
    2. Mara Ann Baltabols
    3. James D. Murtha
    3 lawyer answers

    A Lis Pendens is a document which is recorded at the county recorder of deeds office. After it is recorded, everyone is deemed to have notice that there has been an action filed that affects the real property identified that is the subject of the foreclosure action. It essentially is a notice that a legal action is "pending" that could affect others' rights in the property. In a foreclosure context, a Lis Pendens is usually recorded by the foreclosing bank to notify others that the...

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  3. I sent in my RMA application yesterday, would this stop foreclosure proceeding?

    Answered 8 months ago.

    1. John Frederick Stimson
    2. Harry B. Epstein
    3. Kevin Benjamin
    4. Daniel S Khwaja
    5. Sandra Margaret Emerson
    5 lawyer answers

    The lender is NOT required to stay its foreclosure action. It can proceed with the suit at anytime. It can file the foreclosure even if it did not send you a NOD, or do other things you describe in your question. If the lender files a foreclosure suit, you should hire an attorney. You might want to engage one now.

    4 lawyers agreed with this answer

  4. How do I remove my name from a property that's being foreclosed on?

    Answered 6 months ago.

    1. John Frederick Stimson
    2. Judy A. Goldstein
    3. Stephen Samuel Messutta
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

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  5. When I had an Mortgage Auditor Forensic done on my mortgage and discrepancies was found.

    Answered over 1 year ago.

    1. John Frederick Stimson
    2. Joseph Younes
    3. Adam J. Lysinski
    3 lawyer answers

    Yes, all of this can be true. The question you must answer is whether this information will help you respond to the foreclosure action on your home. It could potentially help to defend the foreclosure, but it is more likely you will have to file a separate claim on the matters you raise here. Such a claim is often very difficult to win and potentially very costly. You should contact an experienced foreclosure defense attorney to advise you on this.

    3 lawyers agreed with this answer

  6. I got my home 11/10 from an investor who got as a foreclosure 1/10, a neighbor who rents my garage says he has 5 yr lease???

    Answered over 3 years ago.

    1. John Frederick Stimson
    2. K Shaylan Baldwin
    2 lawyer answers

    Foreclosure proceedings do not necessarily end valid leases on a property when the foreclosure is completed. In fact, so-called "rental properties" are often foreclosed and sold to a new owner with the existing leases still in effect. In that situation, the tenants would normally remain in the building throughout the foreclosure action. Your situation sounds similar in that your property was apparently foreclosed, then sold to you, all while the garage tenant continued to use and pay to lease...

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  7. Lender decided to DISMISS ENTIRE CAUSE in a foreclosure case after fighting with HOA lawyer for 14 months over assoc past dues.

    Answered over 1 year ago.

    1. John Frederick Stimson
    2. Emma Lee Scott
    3. Joseph Younes
    4. Stephen Samuel Messutta
    4 lawyer answers

    You should definitely contact an experienced foreclosure lawyer, specifically one who has handled cases against HOAs. The HOA has several unique rights in these cases that may affect your ability to work out an acceptable arrangement with them. It is important to know their advantages and their weaknesses as you try to negotiate with them.

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  8. Can the bank sell your mortgage when they are forclosing on you when the bank is the one that filed the paperwork?

    Answered about 1 month ago.

    1. Eric Allen Sutton
    2. John Frederick Stimson
    3. Tara Leigh Goodwin
    4. Kevin Benjamin
    4 lawyer answers

    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.

    2 lawyers agreed with this answer

  9. Can a bank foreclose on a home without a genuine copy of the promissory note?

    Answered over 1 year ago.

    1. Jason Lawrence Pyrz
    2. John Frederick Stimson
    3. Joseph Younes
    4. Daniel J. Winter
    5. Adam J. Lysinski
    5 lawyer answers

    I agree with my colleagues. There may be a number of ways for you to defend the lender's case against you and, perhaps, make a claim against the bank. It all depends on the facts, particularly the facts surrounding the forgery. You should consult a foreclosure defense attorney who has made claims against lenders as part of his/her foreclosure practice.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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

    Answered about 2 months ago.

    1. Kevin Benjamin
    2. Anthony Robert Scifo
    3. John Frederick Stimson
    4. Rick Lee Rogers
    4 lawyer answers

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

    1 lawyer agreed with this answer

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