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John Dale Wiley

John Wiley’s Answers

63 total


  • Do i have any rights

    i recently rented a home from a couple who i thought were the owners but come to find out the real owner showed up at my house with his realestate agent and the police the owner told me to be out in two days which is not possible. today he broke i...

    John’s Answer

    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.

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  • PHIFA/Foreclosure Rescue Scam

    If a deed of recission was entered in Maryland landrecords to block the title and investor who is over the property tries to sell your property that you were scammed out of by a crook. Is there away around our block on the title to sell it? Wi...

    John’s Answer

    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.

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  • If delinquent on HOA fees & mortgage is foreclosed, are we personally liable for HOA fees accumulated prior to the sale?

    Servicer filed foreclosure complaint in June '10. We were served by publication in July/Aug '10. We filed appearance in Aug '10 & have yet to receive any notice of anything related to the foreclosure. The court has not issued Judgment for foreclos...

    John’s Answer

    IF they chose to pursue you, it is likely that the homeowner's association could get a judgment for unpaid fees. However, they may choose to look at it as throwing good money after bad. If you are worried about this, you might be able to negotiate with them prior to making up your mind about what to do.

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  • Who owed the duty to the homeowner?

    In a NC nonjudicial foreclosure sale - everyone bypassed and ignored a genuine third party offer - pre-qualified buyer with an earnest money deposit - and went the the public auction. The eventual sale price was $100,000 less than than the origin...

    John’s Answer

    I would talk to someone who can check into the relationship between the trustee and the bank. I think the trustees are the PRIME target and very few people are focusing on them yet.

    So many of these trustees are also lawyers for the bank. It seems to me that there may be interesting reasons why they chose one buyer over another. Worth checking into.

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  • What rights do i have as a tenant in tax foreclosure.Been living here for 10 years,landlord MIA for last 4 yrs.Can pay taxes to

    keep it out of auction but i know this does not gain me ownership. What do i do

    John’s Answer

    I would talk to an attorney about what steps are necessary to establish adverse possession in Michigan, and understanding tax sales in Michigan as well.

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  • Examples of Court Orders As an Exception to Florida Sunday Service Prohibition

    I understand that there is a prohibition for service of a summons in Florida, except if it is a court order. The case involves foreclosure. What are some examples of these court orders? Also, what are some examples of summons that are not court o...

    John’s Answer

    I would suggest you call Ice Legal in Florida. I have no connection with them, other than to be impressed with their work in foreclosure cases. I would say they would be as good a place as any to start.

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  • Wording regarding waiver of deficiency in the Short Sale Letter. Is this good enough to protect me from a future deficiency?

    Is this good enough to protect? Upon satisfaction of all terms of this approval, the mortgage will be discharged in its entirety with any deficiency rights waived and a release document will be forwarded to the County for recording. The release d...

    John’s Answer

    This is important. Get an attorney in Florida to review it. It needs to be seen in terms of the entire agreement.

    Also, there very well may be tax consequences, as alluded to earlier. I have written a guide on short sales that you may want to refer to.

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  • Bankruptcy/Marital Settlement Agreement/Foreclosure Nightmare. I am destitute and cannot afford an atty. What can I do. Help!

    Me and my husbands divorce was final in 2009 in Bradenton, FL. According to the MSA he was to make payments to me for over 50k that we agreed upon that he owed me. He had not made a single payment to me. Just as me and my lawyer were to take hi...

    John’s Answer

    You have an attorney in this case. Unless there is something dreadfully wrong with that relationship, I think you need to trust him or her and take their advice. Make sure to talk to them until you understand everything you need to.

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  • I received a three month trial modification from my mortgage lender. Last payment to be made on June 1, 2011, with a ten day ...

    grace period. This puts the last day to make the third payment at June 10th. Problem is the lender filed a NTS with the foreclosure date of June 2, 2011, obviously before the last day I can pay the third payment of the trial period. The modificati...

    John’s Answer

    The banks are foaming at the mouth to foreclose. Sometimes they use the trial modification as a method just to put you further behind. Find someone in Arizona who knows how to work the foreclosure system, and get to them early.

    We have handled Arizona cases successfully before.

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  • I'm in Georgia. My property was foreclosed and the 2nd loan was bought by the PMI. The PMI has sold the 2nd to a collection

    agency. Should I try to settle the debt, assuming the collection agency could sue me for the entire balance in the future? If so, what should I make sure they put on my credit report when the debt is settled?

    John’s Answer

    I don't think I would settle. There would be a number of defenses that you could muster. Talk to an attorney who handles bankruptcy, and I'd just wait to see. You may be surprised at how long it takes them to do something.

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