Christopher Dobbs Schwindt’s Answers

Christopher Dobbs Schwindt

Portland Debt / Lending Agreements Lawyer.

Contributor Level 8
  1. From which state do I talk to an attorney?

    Answered almost 3 years ago.

    1. Christopher Dobbs Schwindt
    2. John Gerth Merna
    3. Adam Morrow
    4. Steven Anderson Leahy
    4 lawyer answers

    You need to work with an attorney who is licensed in and/or knows the law in Washington, since that is the law which applies in this case and where any related action would be filed.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can 2nd lien holder initiate foreclosure and still sue if balance remains unpaid in WA. All payments to 1st lien is uptodate.

    Answered about 3 years ago.

    1. Christopher Dobbs Schwindt
    2. Shawn B Alexander
    2 lawyer answers

    Generally, foreclosure by non-judicial trustee sale will be an election of remedies resulting in no deficiency liability. It would be unusual for a creditor in a junior position with no equity coverage to actually go through with foreclosure, but it could happen. Seek legal counsel for further advice and options regarding settlement, bankruptcy, etc.

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  3. I am in foreclosure in the home I live in. Can they take property I have that is raw land. I live in oregon

    Answered over 2 years ago.

    1. Christopher Dobbs Schwindt
    2. Michael Aaron Shurtleff
    3. J Christopher Minor
    3 lawyer answers

    Short answer is generally, "no," but you may have to be careful about some timing issues. You should probably consult with an attorney. Christopher D. Schwindt Attorney at Law, Licensed in Oregon and Washington Schwindt | Richardson LLC 621 SW Morrison, Suite 700 Portland, OR 97205 (503) 546-0141 office (503) 536-6843 fax chris@SRLfirm.com Website and blog at: <http://www.srlfirm.com/> www.SRLfirm.com Like on Facebook: <http://www.facebook.com/pages/...

    4 lawyers agreed with this answer

  4. In the State of WA, if a person loses their home to forclosure and has a first and second (HE line of credit) are you liable?

    Answered about 3 years ago.

    1. Christopher Dobbs Schwindt
    2. Shawn B Alexander
    3. Scott Kemble Wilson
    4. Knute Arthur Rife
    4 lawyer answers

    Yes, you may be liable, and they may sue you for the balance due. You should consult with an attorney. In all liklihood, you may be able to either settle the debt for a much lower amount if you can pay it all at once, or you may want to review bankruptcy options. Either way, you will need to defend the suit or deal with it or they may obtain a default judgment against you and seek garnishments of bank accounts and wages.

    3 lawyers agreed with this answer

  5. Hi there, I have a question. Ex wife and I have a home in Oregon. We also have a own a piece of property that is free and

    Answered almost 3 years ago.

    1. Christopher Dobbs Schwindt
    2. J Christopher Minor
    3. Joanne Reisman
    3 lawyer answers

    The answer depends on whether the property is being lived in as your residence at the commencement of the lender's foreclosure action. If not, then a judicial foreclosure may poptentially lead to a money judgement for deficiency, which would become a lien on all real property in that county and would likely lead to collection efforts such as garnishments. You should seek counsel regarding the specifics of this situation, your options and risks.

    3 lawyers agreed with this answer

  6. Short sale questions

    Answered about 3 years ago.

    1. Christopher Dobbs Schwindt
    2. Shawn B Alexander
    3. Rebecca F Emmons
    3 lawyer answers

    The bank (or most likely your loan servicer) can and will ask for whatever it wants as many times as it wants, since it is not obligated to entertain the deal at all. Often the back and forth goes on and on as docs get stale-dated, servicers lose information, etc. At least you have a realtor handling most of the back-end for you. Regarding taxes, it is not because it is a rental that you may avoid tax on the cancelled debt, but rather that your basis may exceed the debt, making the sale a...

    3 lawyers agreed with this answer

  7. We are facing foreclosure sale in April 2012 on Oregon property we are 10 months behind payments.Is filing bankruptcy better?

    Answered about 3 years ago.

    1. Christopher Dobbs Schwindt
    2. Dorothy G Bunce
    3. Joseph Wrobel
    3 lawyer answers

    You have a complex situation and a lot at stake, so I would strongly advise to set up an appointment with an attorney knowledgable in foreclosures, debt settlement, and bankruptcy law as soon as possible. That being said, a basic answer is that bankruptcy could provide a solution and allow retention of assets, but there are qualifying limitations. Typically, we review other potential options and strategies for handling the debts first, as bankruptcy may or may not be the best means to your...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Mortgage Loan Mod

    Answered over 2 years ago.

    1. Christopher Dobbs Schwindt
    2. David A. Leen
    3. Roger Jay Sharp
    3 lawyer answers

    Beyond loan limits for those specific programs, however very likely there is a workout option available for some type of modification, depending of course upon all the facts and circumstances.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. Where is the power of sale clause?

    Answered almost 3 years ago.

    1. Christopher Dobbs Schwindt
    2. Alan D. Walton
    2 lawyer answers

    The power of sale is in your deed of trust, not the note. They all have them as this is integral to the trust deed and its operation. It seems your concern is as to whether they will go that route or rather will they sue you via judicial foreclosure, wherein there may be a deficiency judgment awarded, or simply sue you on the note. You may wish to consult with an attorney to explore all your options and probable outcomes. Christopher D. Schwindt Attorney at Law, Licensed in...

    1 lawyer agreed with this answer

  10. Can I file a Motion to Compel mortgage lender to provide the original note on my house that is in foreclosure? I live in Oregon.

    Answered almost 3 years ago.

    1. Christopher Dobbs Schwindt
    2. Nicholas M. Moccia
    2 lawyer answers

    You need a court case in order to file a motion. This is a lot more complex than you seem to appreciate. You will not be able to "compel" anything until or unless you reach a discovery phase of a litigation. Christopher D. Schwindt Attorney at Law, Licensed in Oregon and Washington Schwindt | Richardson LLC 621 SW Morrison, Suite 700 Portland, OR 97205 (503) 546-0141 office (503) 536-6843 fax chris@SRLfirm.com Website and blog at: <http://www.srlfirm.com/> www.SRLfirm....

    1 lawyer agreed with this answer