There is a reverse mortgage on the property, which is due and payable when the borrower dies. Can a specialist help me contest the complaints in the Summons letter? I only have a few more days to respond to them.
There are many issues that arise when dealing with the foreclosure of a reverse mortgage. First and most important is your relationship with the borrower. A non-borrowing spouse, for example, may have certain rights to attempt to keep the property. Heirs may be able to satisfy the debt for less than the amount owed if the property is worth less than what is due. A lawyer with skill and knowledge defending reverse mortgage foreclosures should be contacted.See question
Trying to remodify mortgage after divorce and just discovered that note is ONLY in ex-spouses name. Both names are on the deed.How could this have happened if original mortgage was in both of our names? He was the only one working in the h...
It is not uncommon for one spouse to be on the note and both spouses to be on the mortgage. It just means that when the loan was taken out, it was done in your ex-husband's name. Because you were on the deed you needed to sign the mortgage. This was commonly done and in an of itself does not mean that there was anything shady going on. That being said, the real question is, what are you looking to do. You have no personal liability since you did not sign the note. Were you awarded the property in the divorce? Are you looking to keep the property? There are many questions that need to be addressed. You should contact an experienced foreclosure defense lawyer.See question
My wife and I own a small business corporation and because of high debt and little income, are considering filing for bankruptcy for the business. Should we file personal or business only?
Generally, if there are personal guarantees or the business debt is also in your names, a personal Chapter 7 is appropriate. Because a business does not receive a Chapter 7 discharge there is rarely a reason to file for the business. An experienced bankruptcy practitioner can guide you through the process.See question
I filed for chapter 13 bankruptcy pro se. The bankruptcy case was filed the day before the landlord/tenant case. I sent a money order for my June rent (1st payment after filing) by June 1st and it was sent via certified mail. Now the landlord f...
The prior responses are absolutely correct. You need a lawyer. There are many reasons that a landlord may believe he or she is entitled to stay relief. It would require a showing a significant bad faith to convince a judge to award attorney fees (if at all). An experienced bankruptcy lawyer can help you not just with the motion but with the Chapter 13 itself. These cases are not easy.See question
Trustee in a chapter 7 case, Trenton, NJ is very highly connected. I would like to hire an outside New Jersey attorney. ? Can it be done? Bankruptcy being a Federal matter can I get this case transferred to out of state of New Jersey?
I agree with the previous answer. I don't know what you mean by the Trustee is highly connected. If you already filed with an attorney and you have confidence in that person, there is no need to look elsewhere. If there are issues with your case that are beyond the expertise of your attorney, I suggest that you find the best attorney based upon that persons skill and knowledge, not their location. Without knowing more of your facts, I can say that a case will not be transferred out of the State of New Jersey simply because you believe your trustee is "highly connected".See question
Working on trying to obtain an FHA loan modification
A final judgment of foreclosure means that the bank then will have the Sheriff schedule a Sheriff Sale. Chances are the 14 days that you are referring to is the date the bank will file the motion for the final judgment. There still should be plenty of time to apply for a modification. In most cases, as long as a complete modification package is in to the bank 37 days prior to a scheduled Sheriff Sale, the sale cannot go forward until the modification request is either denied or granted. You still have options to save the home in a Chapter 13 prior to a Sheriff Sale. You most certainly should contact a lawyer.See question
There is a broken chain of title and legal standing is disputed. Is this a germane issue that would go through the Foreclosure court or would it stay in contested track and be heard in local equity court ?
The answer to a foreclosure complaint is filed with the foreclosure unit in Trenton. When that unit makes a determination that the matter is contested, it is sent to the county to address the contested issues.See question
my lawyer ordered me to turn over to him the money in the amount of $25,000.00 and I did because he will defend me against the TRUSTEE's order to surrender the said amount and then he did not do any action and then I found out he closed his offic...
The first thing you should do is contact the bankruptcy trustee to make sure the money was turned over to him or her. If it was, then you could hire a new lawyer to see if there is a basis to get some or all of that money back. If the money wasn't turned over to the trustee, then the trustee will be the best person to help you, including ultimately referring the matter to the US Attorney.See question
Is this legal? Is there a statue of limitations in NJ? I vacated this apt in 2006.
Your former landlord would not have been able to "wipe out" your account unless he or she sued you and obtained a judgment. The action is called a levy. Even after the account is levied on, the creditor must file a motion with the court to allow the bank to turn the money over. If you file for bankruptcy before the funds are turned over there is a good likelihood that you will get your money back. as for your statute of limitations question, the judgment is good for 20 years.See question