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Joshua Andrew Smisko

Joshua Smisko’s Answers

195 total


  • My home was foreclosed on I owed 197,000 on the home. It sold for 980,000 do I get the equity from my home?

    I

    Joshua’s Answer

    Yes, you should be able to realize some amount of your equity. Check with the trustee and the bank.

    (Why didn't you just sell your home yourself?)

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  • If I pay the taxes on a property that has a house that is in pre-forcloser do I have rights to the property or the house?

    I have talked to previous owners son, who told me that the bank owns the house but that in CA if I pay the property taxes for 5 years while living there I would legally have taken ownership of said property. Is this true and what about the house?(...

    Joshua’s Answer

    I agree with my colleagues, there are no squatters rights and the Bank will pay the taxes or use their resources to litigate to make sure the property is not lost.

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  • I live in Torrance, CA.... I am currently struggling in paying my HELOC and My Monthly Mortgage.

    I have never been Late on any payment, but I am struggling making ends meet. Am I eligible for a Loan Modification, or do I need to stop making my Mortgage Payments to qualify for one?...my lender is B of A. Thank You.

    Joshua’s Answer

    It is usually a double edged sword. Many lenders won't do a mod while you are current. Of course once you miss some payments then they can foreclose on you and start that process. It is tough. Call them and ask for a mod application. Check on the net with Keep Your Home CA (they have several programs to assist and are not shady). Is your property under water? That may help with BofA.

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  • What is procedure for a seller to start foreclosure proceedings in CA when the buyer fails to make his required monthly payment

    Property is in Los Angeles county. Deed of trust stipulates buyer will pay seller monthly interest on balloon payment due in 6 years. Buyer refuses to pay and has gone "silent" on me. The property is an apartment building fully rented.

    Joshua’s Answer

    Hire/consult with an attorney. That is the procedure to start a foreclosure.

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  • REQUEST FOR NOTICE OF LIS PENDENS

    I am the Plaintiff in a Federal Civil Lawsuit. The lawsuit involves real property in Orange County. I would like to file a Notice of Lis Pendens with the County Recorder. I already found the perfect sample pleading for a Request for Notice of Lis ...

    Joshua’s Answer

    I agree with my colleague. Why do you want to record the Lis Pendens? Are you fighting your lender on a foreclosure case and you are attempting to block their ability to sell the property? If you file a Lis Pendens, they can file a motion to quash it and obtain fees from you for having to do so.

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  • My home is in foreclosure.

    I have 2 loans on my home, a first and a second which is a HELOC. The bank that has the HELOC has foreclosed on me. It is my understanding that the first will be paid off then the HELOC will be paid. My question is, if there is a deficiency on ...

    Joshua’s Answer

    Have they actually foreclosed on you or just noticed your default? If they foreclose, the 1st gets paid off first and then the 2nd or other priority liens get paid. A purchase price 2nd would not have a deficiency balance. As to a HELOC, you will probably want to talk to a BK attorney to see if it will be taken care of.

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  • Is being denied under the HARP program considered a denial of a loan modification?

    Application for HARP was denied a few months back. Now I want to modify the same loan. I was told by a paralegal that HARP is another form of loan modification. Is this true?

    Joshua’s Answer

    Yes it is a form of a loan mod. There are HAMP mods, HARP mods, In-house mods, etc. Many different options.

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  • I have a second on my house. we fell behind a few monts. and the want to sell my house. can they do that

    they will not work with us. this is the second not the primary lender

    Joshua’s Answer

    They can foreclose but often times if they will not recoup their money, they don't force the foreclosure sale. Sometimes they even offer you mods and principal reductions on the 2nd in order to get you to resume paying despite what they say today. It all depends on your house value and comfort level with making them wait.

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  • When can we legally request the keys to our new home?

    We bought a home in CA. We close escrow on December 20th (the deed will be recorded this day and the house is legally ours). The seller though is going to stay up to 7 days of closing escrow because he needs time to move out etc... (plus it is in...

    Joshua’s Answer

    Unless the Seller agrees to allow you to start moving stuff in, he has those 7 days to vacate as you agreed to in your contract. You can attempt to reach out to him or just wait.

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  • What CA CODE/LAW supports that a trustee for a deed of trust may NOT foreclose on property NOT in the property description?

    What CA CODE/LAW supports that a trustee for a deed of trust may NOT foreclose on property NOT in the property description of the deed of trust it is enforcing? The trustee said on the notice of trustee's sale that the property description in th...

    Joshua’s Answer

    You would be best served by meeting with a lawyer in your area for a consultation.

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