John Dale Wiley’s Answers

John Dale Wiley

Saint Louis Foreclosure Attorney.

Contributor Level 10
  1. HAFA offered then a Foreclosure Summons served at the same time I'm in review for HAMP/MHA trial mod..huh?

    Answered over 3 years ago.

    1. Alan James Brinkmeier
    2. Rick Lee Rogers
    3. Theodore Lyons Araujo
    4. John Dale Wiley
    4 lawyer answers

    You should definitely hire an Illinois attorney who is up to date on foreclosure law. My experience has been that the modification business is a complete scam. I would seek out how much information they truly have on your loan. That may be a more fruitful argument.

    1 person marked this answer as helpful

  2. Trying to avoid foreclouser and loose the house

    Answered over 3 years ago.

    1. William W. Gwaltney
    2. Margery Ellen Golant
    3. John Dale Wiley
    4. Bernard James Conway
    4 lawyer answers

    You need to be careful, because the banks will take advantage of you on things like this. Lucky for you, there are a number of good law firms working on this stuff, including Ice Legal in Florida. I would call them and discuss your situation. They may well be able to help.

    1 person marked this answer as helpful

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

    Answered over 3 years ago.

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

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

    Answered over 3 years ago.

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

  5. Home that you paid on for 15 years goes into foreclosure, after the mortgage company forgets to cancel sale, and it reverts back

    Answered over 3 years ago.

    1. John Dale Wiley
    1 lawyer answer

    Wow. There may be a number of people you could sue, including the mortgage company, the successor trustee, the realtor and others. Of course, all suits require good proof, and that would obviously apply here as well. It's worth talking to someone about, though. Sounds like it might have legs.

    1 person marked this answer as helpful

  6. Unlawful eviction - what are my rights?

    Answered over 3 years ago.

    1. John Dale Wiley
    1 lawyer 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

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

    Answered over 3 years ago.

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

  8. 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 over 3 years ago.

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

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

    Answered over 3 years ago.

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

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

    Answered over 3 years ago.

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

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