John Dale Wiley’s Answers

John Dale Wiley

Saint Louis Foreclosure Attorney.

Contributor Level 10
  1. What happens to unpaid HOA fees when a investment condo goes into foreclosure? Can the HOA board still go after the unpaid fees?

    Answered about 2 years ago.

    1. Theodore Lyons Araujo
    2. John Dale Wiley
    3. Bernard James Conway
    3 attorney answers

    It depends on what the HOA rules and regulations state, whether they are "covenants running with the land", and a number of other factors. The HOA board should attempt, to the extent allowable by the indentures, to proceed before the foreclosure. After the foreclosure, they could probably sue the homeowner. Talk to a Boston real estate attorney about this.

    1 person marked this answer as helpful

  2. The Bank has purchased the property in a foreclosure how long before eviction. Date of sale 31-2011

    Answered about 2 years ago.

    1. William W. Gwaltney
    2. Brian David Zinn
    3. John Dale Wiley
    3 attorney answers

    Your rights depend on whether you are a renter or an owner. I would also tell you that many foreclosures are invalid because of their lack of documentation. You should talk to a lawyer who is versed in this area of the law. Ice Legal is a firm in Florida with a good reputation on these issues.

    1 person marked this answer as helpful

  3. Unlawful eviction - what are my rights?

    Answered about 2 years ago.

    1. John Dale Wiley
    1 attorney answer

    I would like to talk to you about your case. It seems that lenders have played fast and loose with many rules in this setting, and you may have more rights than you think. The lender can demand possession all they want; you do not have to hand over possession until they file suit against you. In the mean time, you should definitely contact a lawyer and discuss your rights. Make sure they know about securitization of loans, MERS loans and other complex foreclosure-related issues. These...

    1 person marked this answer as helpful

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

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Theodore Lyons Araujo
    3. John Dale Wiley
    3 attorney answers

    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.

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

    Answered about 2 years ago.

    1. John Dale Wiley
    2. Bernard James Conway
    3. Gary H. Baker
    3 attorney answers

    "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.

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

    Answered about 2 years ago.

    1. Thomas C Valkenet
    2. Theodore Lyons Araujo
    3. John Dale Wiley
    3 attorney answers

    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.

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

    Answered about 2 years ago.

    1. Dorothy G Bunce
    2. Theodore Lyons Araujo
    3. John Dale Wiley
    3 attorney answers

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

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

    Answered about 2 years ago.

    1. James C Underhill Jr.
    2. Frank Wei-Hong Chen
    3. John Dale Wiley
    3 attorney answers

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

  9. Do i have any rights

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Bernard James Conway
    3. John Dale Wiley
    3 attorney answers

    Call a local attorney immediately. Consult with the police too. I kind of doubt it was really the police; they would know all the remedies that a tenant would have. You have significant rights as a tenant in California. Get a lawyer with the spine to help you.

  10. PHIFA/Foreclosure Rescue Scam

    Answered about 2 years ago.

    1. James C Underhill Jr.
    2. Theodore Lyons Araujo
    3. John Dale Wiley
    3 attorney answers

    Go to a Maryland lawyer. Bring all of your documents. Don't use words like "scammed". Lay out what happened. See what he or she says.