Archived
Does a "homestead declaration" in ND protect the owner from having their property foreclosed on for unpaid property taxes?
Jonathan's answer
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Answered on November 19, 2015
It does not. The Homestead Exemption exempts equity in real property that serves as a Debtor's principal residence. Property taxes attach as a...
Archived
2016 tax return
Jonathan's answer
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Answered on November 19, 2015
You can, but you may not be required to if your only income derives from SSDI.
Good luck with your case!
Archived
Unpaid principal balance incorrect on finalized mortgage mod, $500,000 lower than should have been.
Jonathan's answer
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Answered on November 19, 2015
Carefully review the terms of the mortgage modification. In many cases, the lender will actually defer certain amounts of the principal owed into...
Archived
How do you dispute an initial foreclosure action being carried out by the wrong party? Do you write them a letter asking them to
Jonathan's answer
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Answered on November 19, 2015
You'll definitely want to consult with an attorney before moving for relief based upon alleged fraud. Often times, the bank's paperwork is sloppy -...
Archived
Are there any circumstances by which a company would not be allowed to file bankruptcy to avoid paying judgements?
Jonathan's answer
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Answered on November 18, 2015
A company can always file for bankruptcy; the issue tends to be whether or not the debts scheduled are dischargeable. There are numerous exceptions...
Archived
Need questions answered about foreclosure
Jonathan's answer
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Answered on November 18, 2015
You have described a series of issues, each involving different specialties of legal practice. Consider consulting with a bankruptcy attorney about...
Archived
Is owner responsible for full amount owed on foreclosure?
Jonathan's answer
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Answered on November 18, 2015
So long as you did not sign the mortgage agreement or promissory note, you will not be held liable for any deficiency payment(s) post-auction. In...
Archived
When you refinance your home does the original note become void and the terms of the refinance take over and become the note?
Jonathan's answer
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Answered on November 18, 2015
With all due respect, you should really consult with an experienced attorney regarding this matter. The arguments that you're suggesting are...
Archived
Does anyone have information regarding Carr v Ocwen Loan Servicing LLC?
Jonathan's answer
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Answered on November 18, 2015
Consider contacting the Court in which the action is being litigated. The Court Clerk's Office should be able to direct you to any copies of...
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Archived
I contacted mortgage servicer concerning a payment plan, I requested that it be put in writing, can they refuse?
Jonathan's answer
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Answered on November 18, 2015
Unfortunately, what the bank is doing is, in fact, legal. Following a borrower's default - meaning that a mortgage has not been paid for ninety or...