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Ryan Thomas Strickland

Ryan Strickland’s Answers

32 total

  • If and when can a bank garnish wages and bank for a mortgage loan?

    A complaint was filed against me by a mortgage company last week for a property that was purchased several years ago. The bank was seized and closed that held the loan. The home was also destroyed by a tree, No one has contacted me regarding this ...

    Ryan’s Answer

    You are allowed to present defenses in the case they have filed against you, but you must do it quickly. A Georgia foreclosure attorney can tell you what defenses are available to you. Even in the event there are no defenses, the lender will often negotiate a payment plan that would be better for you than garnishment. You should contact a Georgia foreclosure attorney immediately.

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  • Can a bank foreclose on my home if it is in the home modification process?

    We have in the process for three years now. Do I have the right to take them to court for wrongful foreclosure?

    Ryan’s Answer

    Yes, a bank can foreclose on your home while you are in the "modification process." The only way to determine if you have a wrongful foreclosure claim is to speak with a Georgia foreclosure attorney about the matter.

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  • Equity loan has incorrect legal description not in our paperwork. It includes property of others surrounding. Can loan be void?

    1st and 2nd (equity loan) are Countrywide loans. 1st was foreclosed and sold the same day below market value with a shortsale offer $20,000 more pending from same buyer. (Bank of America) Bank shows we don't owe remainder of 1st on credit report. ...

    Ryan’s Answer

    It is highly unlikely that correcting the legal description will entirely remove the equity loan charge-off from your credit report (because it will still likely reflect that you defaulted on the equity loan regardless of which property was described in the deed(s)). However, you probably want to discuss the details of the equity loan and legal description problems with a foreclosure attorney to confirm whether you might be able to correct your credit report.

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  • Can Citi hold my note and b assignee of deed if mortgage was sold to Freddie? Law states they must travel with sale to owner!

    According to all the research Ive done Citi is the biggest scammer of All. My home was foreclosed on, but I was in the middle of Loan mod with Citi. It started in 09/28/11and 15 months later w/ 12 different attempts I was wrongfully foreclosed on....

    Ryan’s Answer

    You may have a wrongful foreclosure claim if there are certain specific problems with the notice (published or the letter they sent to you). You really need to speak to a foreclosure attorney (that represents homeowners) to discuss whether you might have a claim. Your original question (who must hold the deed at the foreclosure sale) is before the GA Supreme Court presently.

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  • Can anyone help me?

    My home was recently foreclosed on at the same time that I was in the loss mitigation process. They foreclosed on the property first and then sent me a letter telling me that I had been denied for a loan modification.

    Ryan’s Answer

    Your most pressing concern right now is a disposessory/eviction action. You are going to receive a letter asking you to leave the house immediately. An attorney that handles this type of matter can help you negotiate additional time and/or a set date upon which you will leave. We have done this to save the homeowner rent money at their new residence and ensure that the bank won't show up to evict without notice. Attorneys that handle this do it at a pretty minimal flat rate.

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  • We were served a Foreclosure summons,.

    It reads Plantiff's actions against Defendants (my husband) is an In Rem action only; and that plantiff's will not seek any damages, fees or deficiency or deficiency judgement, what does this mean. The home being foreclosed which is funny as its...

    Ryan’s Answer

    Call a Florida attorney. Foreclosure law in Georgia is completely different than in Florida.

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  • I was a Georgia resident and I am a servicememebr that was foreclosed on, do I have a case?

    I was late on my mortgage for a month before I deployed but i gat my wife a POA to represent me but the back refuses to speak to her and foreclosed on my properties (houses) while I was deployed. I have no court oder or foreclosed documents and no...

    Ryan’s Answer

    You very well may have a case, but you'll need to discuss it with a GA lawyer to be sure.

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  • Do I have a case for wrongful foreclosure based on "standing" if assigned trust can't prove they had timely endorsed note?

    "note" Proof of claim filed in bankruptcy (7) 2010, was unendorsed. Lender went debunked in 7/2008. Foreclosure in 10/2012. Now suddenly "note" has stamped blank endorsement, from Michele Soleinjoiner who worked in 2007 but denies ever stamping ...

    Ryan’s Answer

    In my experience, challenges to problems in the Note or Assignment are not successful. These are perfectly legitimate arguments, but there are a large number of bad decisions on these issues which can persuade an an unfamiliar judge to rule incorrectly. However, if Ms. Soleinjoiner is willing to sign an affidavit confirming that she did not sign or authorize her signature on that Note, then you may have a case (depending upon the dates on which all of this occurred). You may have other arguments based on the notice letter they sent to you. You need to discuss your options with a GA foreclosure attorney,

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  • What are the ramifications of walking away from a rental property way underwater? Is there a better way?

    My rental property is now worth $20,000. I bought it 6 years ago for $70000. I want to walk away, but am fighting a personal moral dilema. I have had had to evict renters, had a renter up and leave without telling me and now cannot find a suita...

    Ryan’s Answer

    There are alternatives to simply letting go of the property, but they will depend upon your lender. In GA, if the lender forecloses on the property, they can still pursue you for the difference between the urgent market value and the amount left on the loan. We are seeing lenders pursue borrowers for this more aggressively in recent years, so you should speak with a foreclosure attorney about which option is best.

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  • How does one enter into evidence a 1099A form that shows different lender than the one who filed foreclosure deed?

    Under Georgia law, one cannot attack the foreclosure or title in dispossessory case. But can one attack ownership since its the owner or designee who files dispossessory warrant.. Motion to Dismiss based on lack of standing, no landlord tenant r...

    Ryan’s Answer

    You will want to present the property records leading up to the foreclosure. When you say the 1099A "shows a different lender" that could give you grounds to challenge the eviction, but not necessarily. You will want to speak with a lawyer about the details to know whether you have an eviction defense.

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