Questions answered by L Jed Berliner

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I may be facing foreclosure? how often do they try to sue the homeowner for the deficit amount/fees in MA?

L's answer | Answered on January 13, 2011

In my experience, mortgage deficiency judgments are pursued about one out of every 100 foreclosures. Why bother? If the borrower had the money,...

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Further to no asset bankruptcy question

L's answer | Answered on January 09, 2011

You asked if the debtor was still able to cliam no asset status. It doesn't matter. A debtor claiming no asset status has no binding effect. ...

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If a debtor re-opens a case to list assets, must they update their schedule to include all assets acquired since discharge.

L's answer | Answered on January 09, 2011

I usually don't bother responding to a question already having three answers, but I am amazed at what was written here. You asked about claims...

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A home that is used for collateral for another loan is being foreclosed on. The house has minimal equity and the loan is 100K

L's answer | Answered on January 06, 2011

Attorney Fein is correct. I assume that the other loan is not non-recourse. A non-recourse loan limits the creditor to the stated collateral, the...

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Ex husband was on the deed not the mortgage I surrended the home in chapter 7 Is he liable for anything

L's answer | Answered on January 04, 2011

Your "surrender in bankruptcy" had no legal effect, which is probably contrary to what you believe. Being on the deed and not the mortgage is...

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After foreclosure, how/why would the lender sue me for a deficiency? In what situation do they do this?

L's answer | Answered on December 20, 2010

Yadda, yadda. Hard to get a straight answer from an attorney, yes? And responses from non-Massachusetts attorneys: Pshaw. You cannot find out...

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Can same law firm conduct a foreclosure and an auction in MA? Is this a conflict of interest?

L's answer | Answered on November 21, 2010

The Western Division of the U.S. Bankruptcy Court for the District of Massachusetts has ruled in favor of the foreclosing law firm owning the...

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Bankruptcy in California Options

L's answer | Answered on October 25, 2010

$5000 is at the higher end for a Chapter 7 liquidation bankruptcy, but is in the ballpark for a Chapter 13 bankruptcy where she would either catch...

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What happens if I refuse to pay defaulted 2nd mortgage

L's answer | Answered on October 24, 2010

A Massachusetts judgment, if obtained, is good for 20 years and is renewable. Best to consider bankruptcy.

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If an attorney goes after a bank that foreclosed on a property, and the bank does not have any documentation of my loan !

L's answer | Answered on October 11, 2010

Three years to trial if the court clerk put it on a fast track; five years to trial if on a regular track. Your lawyer will have this answer. ...

L Jed Berliner's Answers (281)

I may be facing foreclosure? how often do they try to sue the homeowner for the deficit amount/fees in MA?

Further to no asset bankruptcy question

If a debtor re-opens a case to list assets, must they update their schedule to include all assets acquired since discharge.

A home that is used for collateral for another loan is being foreclosed on. The house has minimal equity and the loan is 100K

Ex husband was on the deed not the mortgage I surrended the home in chapter 7 Is he liable for anything

After foreclosure, how/why would the lender sue me for a deficiency? In what situation do they do this?

Can same law firm conduct a foreclosure and an auction in MA? Is this a conflict of interest?

Bankruptcy in California Options

What happens if I refuse to pay defaulted 2nd mortgage

If an attorney goes after a bank that foreclosed on a property, and the bank does not have any documentation of my loan !