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Joseph R. Manning Jr

Joseph Manning’s Answers

10 total

  • The bank conducted a foreclosure auction on my property and no one bought it. Now what?

    Joseph’s Answer

    I think the prior attorneys have repsonded effectively to your question. You did not indicate what you wish to do at this point or what was happening at the time when your home went back to the bank after auction. You should be aware that the California the Homeowners Bill of Rights provides you with the right to challenge foreclosure even after the auction in particular situations.

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  • I'm being sued for credit card debt of 6500 which includes late fees and interest fees. i do not have the money to pay for this.

    Joseph’s Answer

    I handle situations like this every day at my law firm. I would first look at the big picture and decide if you should be filing for bankruptcy to extinguish this debt. To know the answer to that question we would need additional information. On the other hand, if bankruptcy is not warranted or desirable, for any reason, you should file a repsonse ot this case. Then, if you have the means (or if can save over the duration of the lawsuit), and if you have experienced counsel who can create leverage, you should be able to settle this on decent terms. If you can't save or afford counsel, I think this is strong evidence that you need to be looking at bankruptcy.
    Call my law firm if you wish to discuss further.
    Best, Joe Manning
    (949)200-8755
    www.westopcaliforniadebtcollectors.com
    www.manninglawoffice.com

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  • In owner occupied post- foreclosure UD. TRIAL DATE AND STATUS CONFERENCE question.......

    Joseph’s Answer

    Unlawful detainer proceedings are expedited, so I would not assume the trial date will be after the status conference date. Check the docket at the court. Also, if you have no defenses, contact the plaintiff's counsel or agent and try to work out cash for keys or an extended move out date (or both). Call my office in Newport Beach if you need some direction. (949) 200-8755

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  • How do I safely make a settlement and pay the settlement?

    Joseph’s Answer

    I would not provide the creditor your bank information. Frankly, this scenario sounds sketchy to me. For a complete response to your question I suggest you attach the offer made to you by the creditor together with description of the debt and surrounding circumstances. Be wary of the intentions of creditors and collectors!

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  • Should I pursue securitization / forensic audit with hopes of doing a SUCCESSFUL quiet title action to stop foreclosure?

    Joseph’s Answer

    I would not purchase one of these audits. If you are dealing with an attorney that is experienced in these matters he will be able to determine if you need that type of information and should know how to get it without paying for an entire "audit". I will say that I am very skeptical of these products because many homeowners have come to me for help with their useless audits that they paid as much as $2500 to obtain. I would also like to know your game plan if and when you can stop foreclosure because you will have to make payments on your loan at some point. Consider your financial capabilities and your endgame before your start spending.

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  • My home is in forclosure and scheduled to sell on Aug 7 by Indy Mac, One West Bank. How can I stop the forclosure sale

    Joseph’s Answer

    With this limited information I would say that at this point a bankruptcy filing is the only certain way to stop the sale. You could also file a lawsuit against the bank/servicer and may obtain a temporary restraining order. Or, you could submit a loan modification application. I suggest you speak to a reputable attorney that handles these matters in your area or a not for profit -- right away!!

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  • What options do I have during a judicial foreclosure? can i still negotiate outside of the courts in Oregon after the complaint

    Joseph’s Answer

    You can always negotiate.

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  • Can I turn off the water and sewer if my home has been transferred to a trustee for foreclosure sale?

    Joseph’s Answer

    Yes, you can cancel these services. Just make sure you don't do anything that will damage the property because you can be held responsible for damage to the property under the doctrine of waste if you damage it or allow it to fall into severe disrepair.

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  • I'm looking for a Precedent in California where judgement ruled the homeowners favor, i found out the bank in question

    Joseph’s Answer

    I would need more information about your case and your overall situation to answer this question. Post as much detail as you can for questions like this one.

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  • If am currently in Loan Modification process and the sale date is in a week, can I postpone the sale date?

    Joseph’s Answer

    There is little time but it is still possible to stop the sale without filing for bankruptcy. I have done this many times but whether or not it is possible for you will depend on the circumstances of your particular case.

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