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Joshua Andrew Smisko

Joshua Smisko’s Answers

195 total


  • Am i entitled to the excess money from my home being sold at a foreclosure auction

    payoff for home was $225,500.00 house sold for $310,000 with no other liens or obligations.

    Joshua’s Answer

    Most likely. Contact the trustee that held the sale. They should be able to process it.

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  • I lost my house in forclosure. I owed $190.000, they sold it at auction for 320,000. Who gets the money overage?

    My house was auctioned off for $84,000 more than what I owed. Am I entitled to the overage?

    Joshua’s Answer

    You may be entitled to the overage. Contact the trustee that held the sale and they should be able to assist you. The trustee will be noted on the notice of default or notice of sale.

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  • I am concerned that a law firm claiming they can get surplus funds from a forclosure back for us are fraudulent please help.

    The same company that wants to represent works for the very company that foreclosed on us.

    Joshua’s Answer

    If your home sold at a sale and you have equity in it, contact the foreclosure sale trustee. They would be able to process your "refund." That may be why the law firm is contacting you. It could be they handled the foreclosure and are reaching out to you to let you know that you have $X amount coming back.

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  • My mortgage company recorded robo-signed documents at the county recorders office; I've been wondering if I should sue them--I

    almost lost my house after a lay off from my job, and I had to pay allota money to keep my house. I received a 300 dollar check like everyone else, but.... If I sue them for fraud, do you think I could recoup some of my legal expenses, or should I...

    Joshua’s Answer

    As my colleague mentioned, how were you damaged? If you did receive a check for $300, did you have to sign away any rights to obtain it? Also you say you almost lost your house because of a layoff, how is that the bank's fault? Talk with a local attorney if you wish to proceed but these facts do not sound worth pursuing.

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  • Is mortgage company liable if they don't process my paperwork in time and I lose an excellent rate?

    I had found an excellent rate last year via one of those websites (bankrate or whichever one it was). it was a better rate then I had at the time on my 30-yr fixed 253K mortgage. I submitted all the paperwork needed but there was a mishap and the ...

    Joshua’s Answer

    I agree with my colleagues. I am not aware of a remedy and they most certainly disclaimed against any liability in the application process.

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  • In a foreclosure suit, could I invoke the doctrine of "clean hands?"

    My mortgage started out with Countrywide. They forged documents, changed numbers, and lied. Then it was BofA, who ignored the law. Now I have the loan servicer entering my house and leaving it unlocked (4 times so far) even though it is obvious...

    Joshua’s Answer

    You can argue and allege whatever you want but you need facts and law to support your position and prevail. You should consult with an attorney in your area that handles this field.

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  • What kind of Lawyer do I need to represent us for issues with our mortgage company.

    We have been making payments that do not show up as being made, we have made payments all year as part of a restructure agreement and they keep acting like they don't know what's going on. We keep getting the run around.

    Joshua’s Answer

    You should consult with a real estate or wrongful foreclosure type attorney. Avvo can help you find one.

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  • My father died and my mother cannot afford her home. Can I assume her mortgage or purchase the house for the amount of her loan?

    My father passed away in April 2013 and my mother has been struggling to pay the mortgage on their home by herself. My mother owes approximately $200,000 and the market value of the house is $250,000. I would like to somehow assume the loan or pu...

    Joshua’s Answer

    Many loans are not assumable but sometimes the lenders will work with family members. You would need your mom to contact them. The sale also sounds like a valid option.

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  • Approved Trial Period under HAMP from mortgage servicer and Debt Validation from Trustee Sale servicer

    My primary residence is in CA; I live in it. Property value is $250k, I owe $650k ($550k mortgage loan plus arrears). BK7 discharged in 2010. Prior to BK7, I was paying $2000 monthly for interest only mortgage loan. I received 2 letters early J...

    Joshua’s Answer

    It all depends on your financial situation. If the trial plan is something you can afford and it will work for you, then explore it. If it is an amount that will not work or $1,000 higher than a phone conversation, call back.

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  • Does one have to have a lease agreement notarized for a term longer than one year ?

    no extra details

    Joshua’s Answer

    No they do not need to be notarized

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