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Sean Sullivan Hanley

Sean Hanley’s Answers

55 total


  • Husband sent me an eviction notice on behalf of the landlord.....

    My husband has filed for divorce and with the papers served included an eviction notice on behalf of the landlord. He also had a storage unit rented and moved some of my belongings(clothes,toiletries) . With the papers was also a key for the unit...

    Sean’s Answer

    I agree with the other post. This is not a question that can be adequately addressed in a public written forum.

    You should contact Ca divorce attorney ASAP to determine your rights regarding, amongst other things, your personal property and your tenancy.

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  • At the risk of being laughed at, how long do I need to wait to be considered for a mortgage refi after having a modification?

    I'm in CA and my mortgage is held by Chase. My aim is to lower the interest rate, 6.5%, and avoid the balloon payment, thought it's many, many years down the road of $255,000. I would also like to push it to a 40 year mortgage to lower payments. C...

    Sean’s Answer

    This is clearly a question for your lender. Lenders all have different policies and practices regarding their mortgage plans, etc...

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  • Clouded title from modif fraud but property sold from trustee sale action... what should I do now?

    Our delinquent mortgage from countrywide went to BofA. They declined our requests for a modification - there no available modification for us, period. Short Sale does not work as the title is clouded from modification fraud before. Now property is...

    Sean’s Answer

    It is not completely clear from the facts supplied exactly what occurred here.

    Was there a Trustee Sale on the property? If so, what date?

    If a foreclosure sale of your real property already occurred due to your delinquent payments, then B of A will start an eviction to remove you from the property.

    YOu should discuss this matter further with legal counsel to clarify your positions/facts, potential liability, and potential future course(s) of action.

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  • How long can a second mortgage debt collector come after you after your house foreclosed?

    My house foreclosed four years ago. I had a first and second mortgage with the same lender. The house went back to the bank and was sold. All this time has gone by and today I got a debt collection letter for the second mortgage. Can they do this?...

    Sean’s Answer

    Proceed with caution - first, you are correct that there is Ca case law that provides that when a first trust deed lender forecloses on a home and there is a second sold out junior mortgage held by the same lending institution, the sold out junior cannot sue the defaulting borrower personally for the deficient amount under the promissory note.

    Also, the fact that the foreclosure occurred roughly four years ago means that you may have a statute of limitations defense - need to know the exact dates.

    Regardless, you should in no way pay, affirm or accept liability for the amount allegedly owed before you discuss this matter with an attorney that can review your case file.

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  • I was contacted by a 'zombie debt' collector to settle a 15+ year old debt, I agreed to 'good faith' payment, is the debt reset?

    I was just trying to figure out what the debt was for and if it was mine, before I knew it I had agreed to pay it in 2 weeks and made a 'good faith' payment today ($10), so I gave them my bank account # and routing number. (Yes, very stupid!) I wa...

    Sean’s Answer

    In short, yes, you may have "re-aged" or reaffirmed your debt.

    See http://www.hanleylaw.com/bankruptcy-credit-card-debt.html - to review your potential liability.

    Regardless, you should contact debt relief counsel to assist you in this matter.

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  • My wife and I filed ch 7 9/09 reaffirmation agreement was signed with b of a. My credit report still shows discharged

    My wifes however does show reaffirmation. I wish we hadn't reaffirmed and was wondering what would happen if I bought another house and we walked away from this one.

    Sean’s Answer

    Entering into a reaffirmation agreement is typically not advisable - the main goal of a debtor post chapter 7 bankruptcydebt to discharge personal liability for debts. A reaffirmation agreement essentially binds you to a new agreement with the creditor, whereby you are then personally liable for any default.

    Given that you did enter into the reaffirmation agreement, the lender will start foreclosure proceedings against you should you default on your payments. Your personal liability in a foreclosure scenario depends on a multitude of factors.

    See my foreclosure guide for assistance.

    You should consult legal counsel.

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  • When is cash for keys usually offered?

    2nd is foreclosing. Understand 90day default/21day notice of trustee sale and that may be sold and new owner can evict and even get unlawful detainer etc. Wondering -IF- offered cash for keys when does the offer usually take place ie. during the 9...

    Sean’s Answer

    As mentioned by the other attorneys, the "cash for keys" program is usually offered at the termination of the foreclosure (title passes to new owner).

    The new owner (typically, the bank) will offer cash in consideration for the owner/tenant giving up possession of the premises (keys). As mentioned, this is to save the costs and time for an unlawful detainer (eviction) proceeding.

    To ensure you qualify for the cash for keys program, you don't want to move out too soon, thereby taking away the incenticve of the lender to give you cash.

    You might want to discuss this with local counsel to ensure you time this correctly as it is unclear where you are currently residing from the facts you supplied.

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  • How do I file a law suit and represent myself since I can not affort an attorney?

    I was informed on this site that I must file a law suit in order to file a Lis Pendens. I know how silly this is since I am working against Corporate America. I have been told I have a good case but the attorneys want $1500 to $2000 to work on t...

    Sean’s Answer

    I cannot advise you about your local court/access to online self-help information, but in California, there is a lot of online self-help information to guide prospective "in pro per" individuals through varous types of legal processes. You should look at your local court's website to see if there is any self-help info. Also, the courthouse itself is a good location to get helpful information.

    If the case is too difficult to process/understand, you may want to look for local attorneys that are willing to work "pro bono" on this case.

    Also, you could see if any Attorney is willing to work on a contingent fee basis (fee based on the outcome - depends on the type of case, etc...).

    Hope this helps.

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  • Im renting a home that is now being sold in a short sale. However I just had a rep from the bank come & deliver a notice for the

    landlord. I believe the bank is now foreclosing on the property. How do i found out if the house is now in foreclosure? Do I continue paying the landlord rent? I know for a fact he has not paid the bank for at least 6 months or more. I also paid h...

    Sean’s Answer

    To answer the first part of your question, you can always check with the County Recorder's Office to determine whether the house is indeed in foreclosure.

    Please note, even if the owner has not paid for the mortgage for 6 months or more does not mean that the foreclosure process has started (lender serves Notice of Default on borrwer).

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  • I have receive a letter to basically rent or vacate from the new owner per the foreclosure they had on my condo.

    My condo was up for an auction, and yesterday I had received a letter that stated the new property owner and he demanded 3days to either rent or vacate from our condo. Are there any loopholes that exist that you can help me with. or anything to bu...

    Sean’s Answer

    As noted by the other attorney, tenants of foreclosed properties on month-to-month leaseholds should be given 90 day notice to terminate a tenancy post-foreclosure.

    Aside from the fact that the 3-day notice the new owner is attempting to use is insufficient and improper legal notice to start the eviction (unlawful detainer) procedure, please note that your tenancy does not automatically cease at the termination of the 90 day period (i.e. a sheriff will not be knocking on your door and demand that you leave at the end of 90 days).

    At the end of the 90 day period, the new owner/landlord must then proceed with an unlawful detainer lawsuit to regain control of the premises. This takes time and is costly for the new owner.

    Should you locate new premises before the termination of the 90-day notice period, etc, you may be able to work out a "cash for keys" deal with the new owner, whereby you deliver the keys (i.e. possession) to the new owner in exchange for the owner compensating you with some cash.

    You should consult an Attorney about your factual situation.

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