Archived
Can a mortgage lender who filed two foreclosure cases but denied both still have 6 years of accrlaration on mortgage
Arnold's answer
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Answered on November 18, 2017
The question is unclear. Although two actions have been dismissed and more than six years has past since acceleration, the bank may still be...
BOA sold Chapter 7 discharged mortgage to Carrington Mortgage?
Arnold's answer
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Answered on November 08, 2017
Of course it can. You need to contact Carrington to see if they will permit you to do a loan remodification.
Archived
If you apply for a mortgage modification are you waiving a statute of limitations defense?
Arnold's answer
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Answered on October 25, 2017
Case law in NY supports the position that applying for a loan modification will not affect the statute of limitations. Acknowledging the debt may...
Can I stop the sale of my home from shell point crooked ways
Arnold's answer
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Answered on October 08, 2017
You will need to retain an attorney to file a motion to vacate the sale. Consult with an attorney ASAP to protect your rights.
Archived
How to delay motion for forcloseure ?
Arnold's answer
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Answered on October 08, 2017
Time is of the essence to consult with a foreclosure lawyer and your bankruptcy lawyer.
Archived
Help! The bank is foreclosing on my grandmothers house. The loan balance is $20,000, and they want $19,000 in costs.
Arnold's answer
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Answered on September 26, 2017
The estate representative of grandma's estate should demand an itemization of the charges. 19k seems high to me. Sending a request to the bank...
Archived
I have a house for sale and bought another house as our primary residence with the same lender, Wells Fargo bank.
Arnold's answer
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Answered on August 23, 2017
A default on a mortgage only permits the lender to foreclose on the secured property identified in the mortgage. As long as you're current on your...
Archived
What is statute of limitations to file foreclosure in NY.
Arnold's answer
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Answered on August 18, 2015
In the usual fireclosure case, the bank usually notifies the homeowner that because the loan is in default that is is declaring the entire unpaid...
Archived
Not contesting a foreclosure. Do we need a lawyer to review legal documents?
Arnold's answer
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Answered on April 20, 2015
You said you filed ch 7 and if you received a personal discharge then you will not be personally liable for any deficiency.
Archived
In new jersey who is the creditor in a foreclosure action?
Arnold's answer
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Answered on April 20, 2015
Fannie Mae usually does not own the note but is merely the investor. You can raise the defenses in your answer when the complaint is served.
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