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John Dale Wiley

John Wiley’s Answers

63 total


  • Can I pursue actions on the bank after independent foreclosure review.

    I was awarded a small after the independent foreclosure review review my foreclosure

    John’s Answer

    You absolutely can. The IFR did not take away any participant's right to sue. However, keep in mind that there still are statutes of limitations and other issues.

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  • My husband and i are co-signed for an ex son in law on a house that is going into foreclosure, we live on disability ,

    our home is paid for, we are wondering if we need to file bankrupcty or what we should do, recieved a foreclosure letter today, my daughter is occupying the home, but her name is not on the property at all.

    John’s Answer

    You're a long way from having to file bankruptcy. But doing some close monitoring of the situation is in order. The bank would have to do a lot before they could consider filing a deficiency suit against you, and there is much you can do to protect yourself from this. Banks are loathe to file deficiency suits if they are challenged on the validity of the paperwork (especially if it's a big bank). You should contact an attorney to discuss the specifics of the case. They CAN come after you, but there are things you can do to protect yourself.

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  • Loan modification

    My mortgage company tried to tell me that changing my last name( divorce) on a mortgage is the same thing as a loan modification.

    John’s Answer

    If you're trying to get a loan modified to remove a divorced partner, it is the same. Getting your last name changed on the documents is really something I wouldn't spend too much time on. They're not going to amend the original deed of trust that's been filed, and really they're probably just going to change the name on the statement. I wouldn't waste much time trying to do this if that's all that needs to be done.

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  • How long do I have before I am forced to move after foreclosure/auction sale, in Missouri?

    Sale date appears to be on the 17th of December 2012, as we have not received a letter stating the bank/bank's lawyers are postponing it. What is the procedure the new owner must take after the sale to evict us? Is there any method/procedu...

    John’s Answer

    We have kept people in their houses for almost two years after a foreclosure in Missouri. These people obviously do not handle foreclosure defense cases. The foreclosure is done, then a period must be observed before they can even start the legal process.

    An unlawful detainer action is filed, and you then have time to answer. You can request a jury trial if done timely. If they do not give you a jury trial, then you get a trial de novo and can do the entire process again.

    This needs to be done in conjunction with determining whether there are other causes of action to pursue, but it is ill-informed to say that you have no more than thirty days.

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  • If we walk away from our home now and let it forclose, can anybody come after us for payment of any kind on the house?

    We will look for rent to own or own from a private owner but will find that before we walk away and be in the new home before they forclose. The forclosed home will be empty as we will already be in the new home. Can anyone come after us?

    John’s Answer

    There are a lot of factors involved, but here are the particulars:

    1. They CAN sue you for a deficiency judgment if the amount they bid at the foreclosure is less than the amount owed.

    2. That doesn't mean they WILL. I do nothing but foreclosure defense, and I've only seen them sue in Missouri a few times.

    You should discuss this situation with a foreclosure defense attorney. There are things that may be able to be done in planning what you're doing, and reviewing all documents to see what's right for you.

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  • We have purchased property in foreclosure and the prior owner won't vacate. We have a Writ of Possession and a Trustee Deed ....

    Do we still need to file an Unlawful Detainer Action in order to get them out if we have the Writ of Possession? What procedurally needs to happen next in order to get a sheriff involved if need be? how long do they have until they are required to...

    John’s Answer

    The previous two answers covered the unlawful detainer angle. I would only advise you to make sure that the deed you got actually conveyed good title. There is a tremendous amount of flux in this area of the law right now, and the title insurance you got (if you got any) was probably written by a company that is owned by the law firms who just foreclosed on the property.

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  • Hello. I don't qualify for the home modification program because I don't make enough money. My loan was referred to a lawyer.

    The lawyer's office sent me TWO hand signed letters stating that my "loan has been referred to the law firm for handling" and that "the amount of debt is $0.00". Both of these letters have my mortgage loan number on them as well. A few days l...

    John’s Answer

    "Legally binding"? Probably not. But they point to the constant oddities surrounding foreclosures. You need to figure out quickly what is going on with your loan, and see if there is any action you can take prior to foreclosure.

    You should refer to my guide on AVVO for people facing foreclosure, and feel free to call our office with questions.

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  • Would it be advisable for me to retain an attorney to delay foreclosure on a home which I inherited with reverse mtg owed

    My parent received reverse mortgage on property that I have now inherited, & the bank is foreclosing after 6 mos., I am trying to refinance or but the bank has already started foreclosure, could a lawyer help me get more time

    John’s Answer

    You should DEFINITELY talk to an attorney familiar with foreclosure law. There is much to this, and cases involving estates are some of the best. Seek advice immediately.

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  • We are in a sheriff sale redemption period and have a bankruptcy that was discharged DEc 2010 .

    How will the bankruptcy affect us if we list and sell the property before the end of the redemption period? ,

    John’s Answer

    You need to talk to your bankruptcy attorney before you do anything. Websites are poor substitutes for the good advice of counsel.

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  • In a foreclosure sale situation, is purchaser liable for lease breaches prior to sale

    Breaches were failure to make certain improvements (second bathroom) within 2 months of us moving in. I filed (& have pending) a suit against LL (party being foreclosed on..obviously not going to collect there). LL clearly was not paying mortgag...

    John’s Answer

    You might be able to sue the new purchaser under a theory of "quantum meruit" or "unjust enrichment." Talk to a lawyer in Oakland.

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