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John Dale Wiley

John Wiley’s Answers

63 total

  • Can I get a referral to a reputable foreclosure defense attorney in California?

    Our home is in foreclosure. We filed a chapter 13 already and the stay has been remove.

    John’s Answer

    We have had success on these cases all over the U.S. Would be happy to talk to you.

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  • The house we are renting is in foreclosure with our lease ending on the 31st.

    The bank has given our landlord until the 28th, which is 11 days before auction, to settle the past due amount. Does the house belong to the bank after that day? If so can we stay even though our lease is up on the 31st? Do they have any right to ...

    John’s Answer

    Under federal law, you have a minimum of 90 days, or until your lease is up. If your landlord would give you a new lease prior to the sale, this would probably allow you to stay 90 days past. Your landlord should make sure that the bank has a right to foreclose, though. So many times they don't.

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  • I am getting a divorce from my husband and we have a house together that is in foreclosure. The note is in my name.

    but the title is in both names. I borrowed money from my mom to refinance before it went into foreclosure, and owe that payment. Can I put in the divorce that he is responsible to help me pay that back? My credit will be ruined but his will not be...

    John’s Answer

    You can absolutely ask for the debt to be included. But that does not change the situation for credit, and it will still not affect his credit. In some states (I do not know about Florida) you can sometimes get the court to consider something like this maintenance or alimony, which would make for easier collection.

    SPEAK TO A FLORIDA ATTORNEY ABOUT THIS. You may also want to visit with them about whether the foreclosure is, in fact, valid.

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

    The Bank took over the title to the house in a sale effective March 1 2011 How long before and eviction takes place. Can't get anywhere with phone calls.

    John’s Answer

    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.

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  • What are the reasons why homeowner would rather have a foreclosure than do a short sale?

    I want to purchase the townhouse I'm currently renting however my landlord/the homeowner doesn't want to do a short sale. The bank has yet to foreclose but the HOA has. The landlord says the bank is piggy backing off the HOA foreclosure and that...

    John’s Answer

    • Selected as best answer

    Remember you also have time under the 2009 federal renters legislation. Tenants have the right to stay in their homes after foreclosure for 90 days or through the term of their lease.The protections expire at the end of 2012.

    The HOA likely has a lien. If I were you, I might consider talking to them and seeing if you could buy it from them, then do the sale yourself. Consult an attorney familiar with these laws.

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  • How do I write a qualified written request for my loan documents to prove whether my mortgage company has the right to foreclos

    e?

    John’s Answer

    You can find a TILA Qualified Written Request form just by doing a search. But understand that these documents deal with loan servicing, and they will try everything they can to keep you from seeing the real documents. You're on the right track, but you need to work with an attorney that knows securitization and foreclosure law.

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  • I purchased a home from USDA RD and cannot make the payments should I do a Deed in Lieu?

    The loan was completely misrepresented to me from the loan officer promsing me that my payment would remain low unless I got rich and that if I became unemployed they would stop the payments for 2 years. I have been unemployed for 1.5 years and th...

    John’s Answer

    Deeds in lieu are only options in certain situations. They generally do not extinguish any amounts that would be owing after a sale. All papers need to be looked at by a competent attorney familiar with foreclosure law to determine the best strategy.

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  • My house has recently been foreclosed.

    My house has recently been foreclosed. We had a HELOC with a different bank than what the original loan was with. Am I still responsible for repayment of that second loan?

    John’s Answer

    The security interest in your loan was terminated with the foreclosure. However, the debt still exists. You should consult with an attorney about both the foreclosure and the second. You may have more rights than you think.

    We do handle Arizona cases.

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  • Landlord is in foreclosure. He was already 4 months behind on the mortgage when he entered into the contract.

    What are his obligations under the lease. Does he have an obligation to disclose that he is delinquent? The foreclosure notice was recorded days after we took possession. Am I the only one that is expected to perform under this contract or does...

    John’s Answer

    We are handling these cases. You need to talk to an attorney before you do anything else, and certainly before you pay anything else.

    We are handling cases all over, including Phoenix. I would be happy to talk to you further.

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  • In 2003 the legal description of my residence was incorrect and was recorded incorrectly until 2009...

    I refinanced in 2003 and the legal description submitted by the bank to the recorders was wrong. The bank has had the trustee sale and I am fighting the forcible detainer. There are lots of violations within and throughout the whole deal! My quest...

    John’s Answer

    I believe that if the wrong legal description was recorded, then the people would have had to go and do some sort of quiet title or other action to have a subsequent deed be valid. If they did not do so, you may have a whale of a case.

    We have been handling cases of this sort in the Phoenix area with success, even though my main office is in Missouri. Would love to talk to you about it. But if you don't talk to me, please speak to an attorney well-versed in foreclosure law. You could have a good case.

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