John Dale Wiley’s Answers

John Dale Wiley

Saint Louis Foreclosure Attorney.

Contributor Level 10
  1. My house has recently been foreclosed.

    Answered over 3 years ago.

    1. Bernard James Conway
    2. John Dale Wiley
    2 lawyer answers

    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.

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

    Answered over 3 years ago.

    1. Bernard James Conway
    2. John Dale Wiley
    2 lawyer answers

    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.

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

    Answered over 3 years ago.

    1. John Dale Wiley
    1 lawyer 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...

  4. Should I call someone else at Ocwen about a Loan Mod?

    Answered over 3 years ago.

    1. Pamela Koslyn
    2. John Dale Wiley
    2 lawyer answers

    Have you heard the commercial where the people in the "We Exist" support group have no problem believing the Easter Bunny and a Leprechaun but don't believe the Diet Dr. Pepper delivery man? That's how I have come to feel about loan modifications. They pre-approve every Tom, Dick and Harry down the street, but then they use those additional "delinquencies" (and if you're not paying your full payment, they're delinquencies) to foreclose on you. Ocwen has been beaten several times recently...

  5. What can I do to protect myself against my landlord?

    Answered over 3 years ago.

    1. John Dale Wiley
    1 lawyer answer

    Your lease would dictate what power the landlord has. I would say it might be worth calling an attorney in your area and asking them what they would charge for a short consult, then bring in the lease and let them look at it. This would probably be the best way to handle this.

  6. I have a rental home that has decreased in value and is now upside down. The 5 year arm I had has matured and I am being forced

    Answered over 3 years ago.

    1. John Dale Wiley
    1 lawyer answer

    This is an interesting question. I actually own some property over on Jekyll Island, so I'm very familiar with the area. There are several things that come to mind: 1) If you did a true refinance when you went from a 5 year to a 30, you might want to look at TILA (Truth in Lending) violations. 2) You would really have to have someone look at all documents before giving you a straight answer. If you have given additional property as collateral, then it may come into play. You are...

  7. I have a foreclosure debt with ING direct and Wells Fargo. I have checking acct. with Chase, can they take out money?

    Answered over 3 years ago.

    1. Bernard James Conway
    2. John Dale Wiley
    2 lawyer answers

    During foreclosure, it would depend on the terms of your loan. After foreclosure, they would have to seek a deficiency judgment against you. I also think a new bank account is not a bad idea, but if you have not been foreclosed, I would definitely talk to an attorney and understand your rights.

  8. Foreclosure - Economic Crisis - Can we sue the Counterparty Risk Policy Group?

    Answered over 3 years ago.

    1. John Dale Wiley
    1 lawyer answer

    It would really depend on your particular situation. Theoretically, I think these groups are ripe for the right lawsuit. But, as in most any case, the concept of damages is the key. What damages do you have in this situation? I would love to talk to you more about this. We are certainly trying to muster as many valid claims as we can.

  9. Voluntary Repossesion of a Mobile Home

    Answered over 3 years ago.

    1. John Dale Wiley
    1 lawyer answer

    Most of these collectors are more "bark" than "bite". Your rights differ if it truly is the mortgage company, or if it is a collection agency coming in afterwards. If it is a collection agency, then you can tell them to stop contacting you by phone. Any violation thereafter is a violation of federal law. I would say you should simply tell them to go ahead and sue you; in recent cases that I have with creditors of this sort, they actually have ended up dismissing cases because they don't...

  10. Foreclosure - Lender Takes Possession - Personal Property?

    Answered over 3 years ago.

    1. John Dale Wiley
    1 lawyer answer

    They absolutely cannot take your personal belongings, but could claim that you have "abandoned" them if you don't get them out quickly. I would also check with a local attorney to make sure the foreclosure was done properly. So many of them are not.