Questions answered by Kim Christian DSouza

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My mortgage loan servicer said I have to discharge a judgment lien from my home. They said I am in default, and they intend

Kim's answer | Answered on June 17, 2014

FHA loans often have a provision listing a subsequent lien as a default. If it an FHA loan the problem is that it is guaranteed by the U.S....

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Is there a Class Action suit or any type of lawsuit I can join/start against NationStar Mortgage for breach of contract?

Kim's answer | Answered on June 17, 2014

HAMP guidelines provide that the lender must provide the papers for the permanent modification in time so that the borrower can execute them before...

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I own house and paid cash and fell behind on real estate taxes and now face foreclosure. Does my wife need to be served as well

Kim's answer | Answered on June 17, 2014

However, relying on this jurisdictional argument to overturn is a government tax sale after it has occurred is very risky, especially if you are...

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Can a Motion For Extension of Time be considered a valid response to a summons served, with 20 days to respond in a foreclosure?

Kim's answer | Answered on June 17, 2014

No. However, it does strengthen the argument that you should be allowed to submit a late answer, but it will matter how late the answer is. You...

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Can we sue to have foreclosure removed from credit report?

Kim's answer | Answered on June 17, 2014

You have to send letters pursuant to FCRA, and you can proceed in the Federal District Court. Who do you want to sue? If you want to sue the...

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Who should file the motion to vacate sale if a Short Sale is approved prior to the auction date - my attorney or the bank's?

Kim's answer | Answered on June 17, 2014

Unless otherwise provided in the Consent Judgment Agreement, signing the Consent Judgment Agreement would have waived consideration for the short...

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Can we sue the insurance company in Florida for our foreclosure? We had 2 loans one I think closed on 5/15/2009 and 2nd on 08/10

Kim's answer | Answered on June 17, 2014

This fire happened quite some time ago, and it is not clear whether Citizens even had an obligation, as a contractual matter to pay the insurance...

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I owe 109,000.1st mort.47,000. on 2nd mort. for total of 156,000. I am 4 months in default on 2nd mort. current on 1st

Kim's answer | Answered on June 17, 2014

Just the opposite. If the value of your house is worth less than the value of the first mortgage, you can wipe out the second mortgage entirely in...

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My nephew's been living with me for about 2 mo. by the mothers request because she is unstable and doesn't have a safe residence

Kim's answer | Answered on June 17, 2014

I agree that you should contact a family law attorney admitted in your state first. It is possible that, after you consulted your local attorney,...

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In default on 2nd mort.4 mo.s attorney says after 6 mo. in default bank will accept est. 25% of balance settlement.true?

Kim's answer | Answered on June 17, 2014

If the value of your home is less than the value of the first mortgage, you can wipe out the entire second mortgage in bankruptcy, including...

Kim Christian DSouza's Answers (511)

My mortgage loan servicer said I have to discharge a judgment lien from my home. They said I am in default, and they intend

Is there a Class Action suit or any type of lawsuit I can join/start against NationStar Mortgage for breach of contract?

I own house and paid cash and fell behind on real estate taxes and now face foreclosure. Does my wife need to be served as well

Can a Motion For Extension of Time be considered a valid response to a summons served, with 20 days to respond in a foreclosure?

Can we sue to have foreclosure removed from credit report?

Who should file the motion to vacate sale if a Short Sale is approved prior to the auction date - my attorney or the bank's?

Can we sue the insurance company in Florida for our foreclosure? We had 2 loans one I think closed on 5/15/2009 and 2nd on 08/10

I owe 109,000.1st mort.47,000. on 2nd mort. for total of 156,000. I am 4 months in default on 2nd mort. current on 1st

My nephew's been living with me for about 2 mo. by the mothers request because she is unstable and doesn't have a safe residence

In default on 2nd mort.4 mo.s attorney says after 6 mo. in default bank will accept est. 25% of balance settlement.true?