A second mortgage can foreclose prior to the first mortgage. However, whoever buys the property at a foreclosure sale would take it subject to the...

I have an old foreclosure from 3 yrs ago, stuck in limbo stephen j baum was attorney aurora now nationstar just fount out a new

The plaintiff in a foreclosure action should be the party who has legal title the note and mortgage at the time the action is commenced. Its...

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Shady Landlord threatening to file for bankruptcy.

You would have to sue him, win and collect the judgment before he files for bankruptcy. If he files anytime before you collect, you must stop all...

Upward Modification during Bankruptcy

Yes, the 2005 amendments to the Bankruptcy Code basically eliminated the 'automatic stay' in regard to matrimonial matters.

How many entity's can garnish your wages at one time?

Only one judgment creditor can garnish your wages at a time. When that creditor is completely paid, the next creditor will commence garnishing...

Stripping off 2nd mortgage if charged off for 3 yrs

I would have to show that the FMV of the property is less than the $115k you owe to the first mortgagee in order to 'strip off' the second...

Can a 2nd mortgage be stripped in a Chapter 7?

Generally not. But there are one or two judges around the country that have allowed it. See a local bankruptcy attorney to see if any of the...

Yes. Selling your debt (the mortgage lien on your home) is not considered a violation of the 'automatic stay' provisions of the Bankruptcy Code. ...

Is it legal to serve a summons to a minor

New York law states that a summons can be served upon someone of "suitable age and discretion". No specifics as to what age is suitable is given. ...

My husband is looking at filing chapter 7. All the debt is in his name. I will be recieving a cival settlement, will it be taken

If you and not your husband is the plaintiff in the lawsuit it is only your money and they cannot take the money as an asset in your husband's...