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Sandra Margaret Emerson
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Sandra Emerson’s Answers

150 total


  • We have been in foreclosure for 4 years & they will not work with us

    We filed for Bankruptcy & also included the home loan. The bank still has not foreclosed & will not work with us to keep the house. We are in a much better place financially & would like to try to keep the house but they won't work with us & say w...

    Sandra’s Answer

    You should consult with a qualified foreclosure/loss mitigation/real estate attorney in your area to see if they can help identify your options. Your situation involves a number of complicated and individualized factors (LTV ratio for your home, your income, etc.) and it simply wouldn't be possible to address your issues in an online forum, or, in my opinion, even in a telephone consultation. Research your potential attorney(s) very carefully and make an appointment with someone who will really sit down and talk to you and look at your numbers.

    Another idea is to see a HUD-certified housing counselor in your area as well.

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  • Can I argue in my defense I never defaulted on a foreclosure?

    I was inherited a home from my mother that still had a mortgage left due. I got behind a month and received my 30 day letter to come current and which I did but the bank decided to accelerate the loan and demand it in full. I continued to pay and ...

    Sandra’s Answer

    I agree with the other posters. It certainly can't hurt to sit down with a qualified foreclosure lawyer. Many will go outside of their immediate county, as long as you are not too far from their office. Bankruptcy may also be an option, but talk to a foreclosure attorney (preferably one who also knows bankruptcy) before you pull that particular trigger.

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  • I owe a significantly amount of money and I am having a hard time making my payments I see my self robbing petter to pay paul.

    I was able to enter a program and pay back credit card debt. As much as I try to pay what I owe , I cant seem to keep up. There is a personal loan that I was paying responsibly for over 4 yrs. . O still owe over 11,000 and most of it being intere...

    Sandra’s Answer

    Try calling a couple of lawyers to get an idea how much they would charge. It may be more affordable than you think. The bankruptcy law actually prohibits you from paying your creditors more than a minimal amount in the 90 days prior to bankruptcy. Many people stop paying their credit cards and have enough money to pay the lawyer -- you might be able to do this as well. You may also want to try a legal aid organization in Massachusetts. http://www.masslegalservices.org/findlegalaid.

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  • I need affordable bankruptcy lawyer.i am a seasonal worker.do i need bankruptcy attn.,???

    i had a kidney stone that needed to be lazzered,which left me a outstanding bill of 25.000.and 14 years ago my father in law wrecked a vehical i had .they took it back and told me they would sell it and I would pay the remainder.well several year...

    Sandra’s Answer

    It does sound as if you could benefit from the services of a bankruptcy attorney. If you are having trouble finding affordable counsel, you may want to try a local legal services organization in your area.

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  • How do my foreclosed condo just sell for less than what was owed?

    I just got a hand typed letter basically saying they are new owners of my condo and I need to vacate. I didnt believe it because everything I read was saying at these auctions, the bank opens the bidding with the amount that is owed. So I assum...

    Sandra’s Answer

    I agree with the previous answers, and wanted to add a couple of thoughts. Sometimes it is possible to work something out with the new owner so that you can rent the property for a bit. I've even seen new owners do contracts for deed with the previous owners. It's certainly worth talking to the new owner about these options.

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  • I received a package where Wells Fargo is seeking a sale. What do I do ??

    Wells Fargo has tricked me into 4 forbidance programs and 0 happen

    Sandra’s Answer

    Unfortunately, it's not clear from your question if you are in foreclosure. Either way, you should hire a foreclosure attorney ASAP.

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  • Can a mortgage company cancel my escrow? they said it was a business decision, i never heard nothing like this. is this legal

    my mortgage is up to date i have late fees of $200

    Sandra’s Answer

    Not a common occurrence, but it does happen. If I understand your statement correctly, you previously had an escrow and now the loan servicer has determined that you can pay the insurance and taxes on your own. If that's really the case, consider yourself lucky because you can set up your own bank account for this purpose. You will no longer be at the mercy of the loan servicer (many of which make escrow errors), will no longer be required to maintain an artificial cushion in the escrow account, and can earn interest on the money that you set aside.

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  • Can I sue for earnest money?

    I have an executed purchase agreement, and the buyer is an out of state corporation. They sent the earnest money to my realtor, whose office does not hold earnest money and per contract they were to mail it to title company. She sent it back an...

    Sandra’s Answer

    More information is needed to answer this question.

    You may want to consider that sometimes the time, expense and aggravation of the suit will exceed the actual amount of damages. Suing an out-of-state corporation for $5,000 may not be worth the trouble.

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  • Answering a plaintiff's motion for summary judgment in our foreclosure

    In the state of Illinois , Lake County, do I file an answer to motion or opposition to plaintiff motion for summary judgment in our foreclosure? Do I add specifics in our answer, (such as our Exhibit A, etc.) when we are denying statements made i...

    Sandra’s Answer

    I agree with the previous posters. I think it is a very difficult proposition for you to answer a motion for summary judgment on your own. You would need a working knowledge of Rule 191, as well as the summary judgment standards. Even experienced defense attorneys lose these motions frequently, through no fault of their own. Also, it seems that you might be confusing an answer with a summary judgment response. These are two very different things. I highly recommend consulting with an experienced foreclosure/bankruptcy attorney as soon as possible.

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  • What kind of lawyer do i need for a mortgage buyout from my ex partner

    we are not married but both of our names are on the mortgage

    Sandra’s Answer

    I agree with the previous answer. This is basically a purchase of your ex-partner's half interest in the real estate. Once you agree on the dollar amount, your former partner would need to execute a quitclaim deed to you because you will be refinancing the property in your name only. You can retain a real estate attorney for this. Bear in mind that transfer taxes may apply to the transaction.

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