Can Competency Hearing stall foreclosure/eviction of my brother, and if successful, can his marshaled assets pay for proceeding?
John's answer
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Answered on September 05, 2016
Glenn and Patricia provided valuable insights here. I get the sense that this is an incredibly sensitive and nuanced situation. At the end of the...
Archived
How can I get mortgage bank or their attorneys to accept my deed by November 30?
John's answer
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Answered on September 05, 2016
The bank has little incentive to do a Deed in Lieu of Foreclosure if they know you will be leaving. The Servicer has even less of an incentive to...
Archived
MERS question
John's answer
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Answered on September 05, 2016
The best way to find out who owns your Note today is to file a QWR with the current Servicer who is sending you notices, which in this case,...
Will it be possible for me to collect surplus funds on a foreclosure on a house I once owned?
John's answer
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Answered on September 05, 2016
Under RPAPL Sec. 1361, you can file an action in Court to recover Surplus Funds. The best practice is actually to file a "Notice of Claim" with...
Archived
Sheriff Sale
John's answer
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Answered on August 02, 2016
If no one bids on a property up for Sheriff's Sale, the bank can reclaim the Title for a dollar, and in certain cases must also address the other...
Archived
Once the association starts the "eviction" process for us being under 55 how long will I have to move. Extra time due to health?
John's answer
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Answered on April 04, 2016
The bank foreclosure and the Condo Association action are two different animals. Your health is a big factor that may afford you the opportunity...
Archived
What takes a longer time frame to execute? A foreclosure or a deed in lieu to surrender your home?
John's answer
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Answered on April 04, 2016
You may still qualify for a loan modification. A foreclosure attorney who knows what they are doing may be able to appeal the modification denial,...
Archived
Do I have to submit Loss Mitigation application if I am not attending settlement conference?
John's answer
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Answered on April 04, 2016
If you want a modification, you need to submit your full loss mitigation application. I am not sure why you are not attending the Settlement...
Archived
How find an atty for wrongful FC suit in NY Southern District that can use my base complaint, loan audit/affidavit for damages
John's answer
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Answered on April 03, 2016
It sounds like you have already filed a Complaint in Federal court. If you have done that, you are probably getting tired of hearing this, but it...
Archived
What policy or law in New York for having to leave home of a foreclosure home
John's answer
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Answered on April 03, 2016
I agree with Mr. Kizner. There are basically three (3) steps in a New York foreclosure eviction. 1--the foreclosure sale occurs and the property...
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