Cynthia Kay Shanklin’s Answers

Cynthia Kay Shanklin

Dallas General Practice Lawyer.

Contributor Level 6
  1. Do we need a Real Estate Lawyer?

    Answered almost 4 years ago.

    1. Robert E. Philo Jr.
    2. Cynthia Kay Shanklin
    2 lawyer answers

    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-...

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

    Answered almost 4 years ago.

    1. Cynthia Kay Shanklin
    2. Robert E. Philo Jr.
    2 lawyer answers

    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...

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

    Answered almost 4 years ago.

    1. Daniel Mark Press
    2. Cynthia Kay Shanklin
    2 lawyer answers

    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.

    2 people marked this answer as helpful

  4. My writ of possession date is 1-26-11

    Answered almost 4 years ago.

    1. Cynthia Kay Shanklin
    1 lawyer 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.