Skip to main content
Joshua Andrew Smisko

Joshua Smisko’s Answers

195 total


  • Bankruptcy or Foreclosure which would be the best for me.

    No bills except for my house and 2nd. Am planning on retiring in 2014 (65). The house is still under water by 150,000. I owe 299,000 plus a second for 35,000. Got a modification in 2009, 40 years, 99,000 deferred, payment 800 plus 300 for seco...

    Joshua’s Answer

    I would attempt the short sale first. Foreclosure is not ideal for your credit. It sounds as if that is an affordable payment since your income is $2,700 and the housing expense is only $1,100. Is it just because the property is underwater? That could change over time or you could attempt a HAMP/HARP program or Keep Your Home CA and see about a principal reduction program. They exist.

    See question 
  • Our house was foreclosed 5 years ago. We just noticed that the second mortgage that was used to purchase the home in on cred rep

    I have tried to contact the lender and they do not get back

    Joshua’s Answer

    Was there a question? The 2nd lien is not trying to obtain payment still, correct? As the other attorneys noted, it will stay on your credit for 7 years.

    See question 
  • Can my mortgage loan be transferred to another servicing company if currently in litigation?

    Mortgage loan not in foreclosure status, but behind on payments.

    Joshua’s Answer

    Yes, this is common.

    See question 
  • Most successful Litigation Attorney against Wells Fargo illegal foreclosures and loan modifications/

    Wells Fargp Bank Foreclosed on me while my house sale was in escrow to pay them off. Plus I endured six months of harrassment while unsuccessfully negotiating a loan modification even though I provided all requested documentation four or ...

    Joshua’s Answer

    This question is not clear. If you're looking for a lawyer, try the find a lawyer tab, otherwise clarify what you're looking for.

    See question 
  • I am selling a property and a lis pendens (notice of pendency of action) is filed against it by opposing counsel. I motioned the

    court successfully to remove the filing. So now how do I actually remove the pendens from title? Do I sign and notarize a removal? Do I ask the judge???? I am lost.

    Joshua’s Answer

    I agree with my colleagues but in order to record it, you will need a certified copy from the court. You can get it from the record's clerk for a fee.

    See question 
  • Do i need a foreclosure lawyer?

    We had a foreclosure in July 2011, and we moved out in Aug 2011, after we received a 3 day notice. Currently the credit report shows house loan is closed and have contacted the mortgage company Ocwen and they are sending a letter stating the detai...

    Joshua’s Answer

    If your loan was foreclosed, they will not seek a deficiency judgment. Your facts sound pretty convoluted. I would meet with a real estate attorney in your area and let them review your documents. You may want to file a credit reporting suit against Ocwen and then they will correct it.

    See question 
  • If my loan servicer was changed while home is in foreclosure does the new servicer need to send dunning letter to me?

    This property is in California. The substitute trustee has remained the same. Will the new servicer need to send new dunning letter to me before foreclosure activity can be resumed? Does the actual owner/lender have to send me the dunning letter?

    Joshua’s Answer

    I agree with my colleague. They will send you correspondence but they do not need to re-notice the sale as the Trustee is still the same.

    See question 
  • Our house is on short sale. but why is it that we received a notice of default and election to sell under deed of trust?

    we have the buyer already and our agent said that still on the process of papers...now I was surprise that the notice we receive is in the process of foreclosure?

    Joshua’s Answer

    Just because you are pursuing a short sale, does not mean the lender will accept it or stop the foreclosure process. They like to keep the ax over your head essentially. I would contact the lender and submit the offer to see if they will approve the short sale. If they do, they will postpone the foreclosure sale.

    See question 
  • Assignment of Deed of Trust was signed by employee of the new lender acting as an employee of the old lender? Is this legal?

    Assignment of Deed of Trust was signed by an employee of the new lender acting as an employee of the old lender. Does the old lending assigning the Deed of Trust need to sign it rather the someone who does not have an interest? I am confuse of w...

    Joshua’s Answer

    Many times when a lender transfers the interest to another lender, or goes out of business, the new lender obtains the right to execute these kind of documents as an agent of the other.

    See question 
  • NONE (MERS) Deed of Trust Loan on My home Freddie Mac Claims they own the Note

    My Deed of Trust names the Beneficiary as my Bank NOT (MERS) check the County Recorders there's No assignment of Deed of Trust to Freddie Mac or (MERS) as the Beneficiary. Just found out from the Bank there was no Lenders Title Policy Issue. Bank ...

    Joshua’s Answer

    If you sign a loan agreeing to MERS as a beneficiary, they can transfer the interest in that note to another party, like F.Mac. The rest of your question is a jumbled mess. Sounds like you should talk to an attorney.

    See question