Archived
Exbf caused our family home to go into foreclosure. Can I buy the home from the bank in a short sale or is this arm length?
John's answer
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Answered on August 23, 2015
You can always make an offer. The fact you live in the home will be problematic. If the house is on the market with a realtor and you have the...
Archived
Does a trustee have to use up all of the trust monies on a condo that isn't selling? How would they go into foreclosure?
John's answer
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Answered on August 23, 2015
I am not sure I understand the question. Trustees have fiduciary duties to seek the highest and best value for items in the trust solution. Not...
Archived
Civil court summary judgment
John's answer
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Answered on August 23, 2015
Generally, at the time of Summary Judgment, discovery is closed, but if there are issues that are germane to the ultimate trial of the cause, you...
Archived
Hi, I have a situation with a house I own. The home was in a mortgage and the mortgage company told me last year .
John's answer
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Answered on August 23, 2015
Keep working on the sale and you can settle the alleged debt. You should also hire a foreclosure defense attorney and consider filing an...
Archived
What are the chances of a borrower winning a lender liability suit against their lender?
John's answer
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Answered on August 23, 2015
These suits are notoriously hard to win and with thousands filed, few have been successful, and of those, most have not been publicized.
You...
Archived
Is a BofA loan that was sold to RCS in 2013 eligible to benefit under the 2014 DOJ settlement?
John's answer
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Answered on August 23, 2015
RCS does not have to offer you any particular program regardless of whether your prior lender was part of the DOJ settlement. The operative...
Archived
Real Estate Foreclosure. Do I have to pay my live-in partner some of the money I am receiving from Fanni. Mae to vacate my home.
John's answer
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Answered on August 23, 2015
You do not have to share the money with your live-in partner. It is not your responsibility to get her to vacate. However, the Servicer may not...
I received a letter stating my house has been purchased in a foreclosure auction, can I do anything to stop the closing?
John's answer
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Answered on August 23, 2015
You should consult a local Foreclosure Defense attorney. However, it is going to be difficult to get anything done in a week, so you need to act...
Archived
In a filing for TRO and injunction against a Foreclosure sale, you file it against the lender or Foreclosure law firm or both?
John's answer
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Answered on August 23, 2015
If you have a valid basis for a TRO, you would file against the lender and notify their law firm.
Archived
Foreclosure question
John's answer
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Answered on August 23, 2015
The note is an IOU that specifies who needs to pay. So, you are the only one on the hook for the debt. But, the mortgage secures the...
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