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Cynthia Kay Shanklin

Cynthia Shanklin’s Answers

4 total

  • Do we need a Real Estate Lawyer?

    We had a Chapter 7 BK discharged in Aug 2008 where our 1st and 2nd lien were included. We did not reaffirm the loans, but we were never late or missed payments on the loan up until Dec 2010. We're now 3 mos behind. Our Credit almost rebuilt to ...

    Cynthia’s Answer

    You should contact an attorney that handles wrongful foreclosures. A deed in lieu does not save your credit. There are loan modifications available that may help your situation. You may want to contact your mortgage company to find out about loan modification options. Many lenders will put the late charges, penalties and interest on the back of the note. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship.

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  • My writ of possession date is 1-26-11

    We are still in a lone modification with chase bank but our home was sold on nov 2,2010 they are still working on our loan. our loan went back to fannie mae they are trying to put us out the constable is coming back with movers on wed 1-2...

    Cynthia’s Answer

    You should consult an attorney. You may be able to stop the eviction by filing a lawsuit in the District court and obtaining a temporary restraining order. Also, you can appeal the writ of possession by filing an appeal and posting a bond. You only have a certain number of days to file an appeal from the JP court. So, the sooner you contact an attorney the better.

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  • :I am a victim of mistake foreclosure .Need legal advice please help!

    On October 21, 2009, Wells Fargo granted us a modification of the capitoned first trust on our residence, one. We paid according to the Modification and Wells Fargo accepted payment per month with an included escrow for real estate taxes,exhibit ...

    Cynthia’s Answer

    You should consider filing a lawsuit and getting a restraining order to stop an eviction. In the meantime, you should send a RESPA letter, which is a qualified written request for an audit of your account to determine how your payments were applied to your account.

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  • My home foreclosed on Jan 4th. My wife took out a home equity loan without my knowldege. Can the foreclosure be over turned?

    My name is also on the deed of trust.

    Cynthia’s Answer

    If the property was your homestead and you did not sign any of the mortgage documents, then the foreclosure would be ineffective as to you because her homestead will prevail. Keep in mind that they had to get an order of foreclosure if they foreclosed on the home equity loan. Even if you did get behind on your mortgage, the banks still have to follow the terms of the deed of trust and the Texas Property Code in order to foreclose. Please be advised that we would need more information to provide you with complete answers. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship.

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