Thirty days have passed, yet no response from the bank's attorney. My people have put in place a motion to compel with sanctions. My question how come the bank has not responded? They are the moving party claiming to own the note in questio...
In my experience, banks are very cautious with regard to discovery, especially when you are asking for documentary evidence demonstrating that they own the note and have standing to foreclosure. It is not unusual for the banks to blow the deadlines by many months. They may call and ask for an extension--or they may call and say they want to discontinue the case. On numerous occasions, I have had banks cancel the foreclosure suit, rather than risk revealing the skeletons they have in the closet through discovery. Now is a good time to negotiate your exist strategy with the bank, whether it be a loan modification or short sale.
Also, "your people" may have jumped the gun in making their motion to compel. Each judge has their own rules regarding discovery, and it is very common for judges to discourage motions to compel without prior permission from the court. Your people would do well to be mindful of the judge's rules for discovery.See question
do i need to submit pay stubs ss ID and documents all over again and wait to be approved or not approved to live in my home
I respectfully disagree with my colleagues--there is no quick yes/no to this question.
Unless the lease is a statutory lease (rent regulated) or the lease was recorded before the mortgage (highly unlikely in the residential context), the lease does NOT survive the foreclosure. If, however, you were not named as a party in the foreclosure, then the lease should not be wiped out by the foreclosure. You also need to look at the judgment of foreclosure since sometimes a judgment of foreclosure is given "subject to all tenancies".
Finally, even if the lease is supposed to survive the foreclosure, the lender or subsequent purchaser may nevertheless try to bring a holdover and evict you. I have had LL/T clients in a foreclosed property where the judgment of foreclosure and notice of sale said the purchaser at auction was to take the property subject to all tenancies. The purchaser nevertheless tried to evict the tenants despite the express terms of the judgment and notice of sale. Bottom line, be careful and pay attention to what is going on with the foreclosure. Be aware of all dates and court filings.See question
We have to re nogotiate bank convents and a real estate loan renewal.
Give me a buzz.
(718) 701-5772See question
My sons father and I signed a lease about 2 months ago. We got into an altercation and he called the cops on me. I got charged with domestic violence. He got an order of protection and i can't go back to the apartment after that order of protectio...
The easiest way is to work out with your landlord and sign a new lease excluding your son's father.See question
AFter completing trial period i was told title company had issues and when i received notice from Wells Fargo they specifically were the Non Identity affidavit and also I needed to have a closed bancrupcy or a approval from Bancrupcy judge for loa...
give me a buzz. 718-701-5772See question
My landlord's property is going into foreclosure. I received a letter that they are getting sued for not paying their mortgage. They have already filed for bankruptcy and surrendered the property. They said the property is still theirs until it fo...
I cannot speak to the specifics of Wisconsin law; however, the answer is likely the same from state to state. Confirm with local counsel.
If the landlord still holds title to the premises, then he is entitled to collect rent from you. If the court appointed a receiver, and ordered you to pay rent to the receiver, you must pay the receiver and not your landlord. Practically speaking, you can probably get away with not paying rent since your landlord probably can't afford to evict you, and has no incentive to do so since he will be losing the property soon. The bank or the new owner at auction will not start the eviction until after the transfer of title. You're days are number, and you may do well to save your money to find a new place, rather than paying rent. If you were in NY, that's what I would advise, but WI may very likely have a different set of procedural rules.See question
My upstairs neighbor claims he is not responsible for the damage to my property caused by his overflowing bathtub because the landlord has not installed an overflow drain. I believe he is responsible for not attending to his running tub.
The landlord is responsible in the first instance, and he has insurance for damages of this sort. So I would go after him. If your damages are $5k or less, bring him to small claims. If more than $5K, then you have to go to civil court.See question
My parents live in a Section 8 subsidized apartment in Brooklyn, NY. Their new neighbor is playing very loud banging music every weekend from about 10 a.m. to 10 p.m. We tried to talk to the neighbor, then to the super of the building, called 311...
You can compel the owner of the building under RPAPL 711 to bring the noisy neighbor to housing court. If the owner of the building refuses, you yourself can bring the noisy neighbor instead on the grounds of nuisance. Give me a buzz for details. 718-701-5772See question
my daughter has been declared as a incapacitated person since she was nine years old,she is now 35...she was rewarded a large settlement however she has not benefit from her money re; education medical treatments,etc.the money is being invested in...
Yes you can. You have to guardianship matter by order to show case. This is an Article 81 guardianship, I assume...See question
How long after incident are you allowed to sue for emotional distress as well as other things involved with pain and suffering..etc. 2 of my year books -one from junior high and the other from high school- cotain a fw extremely offensive, hear...
You don't have a case. Even if you did, the statute of limitation has long passed.See question