sheriff sale is June 12/ has federal tax lien plus mortgage plus property tax lien
To answer your question and to add what attorney Carr states: None. The estate administrator can attempt to get the sale stopped, either by agreement or order of court, but he or she does not have any direct authority to stop a sheriff sale. Also, there may be equitable grounds to stop or postpone the sale.See question
I had filed a motion to avoid lien and it was executed, during my bankruptcy, for my second mortgage holder company. Now, I am refinancing my mortgage, 15 yrs. later, and there is a lien from this mortgage company on my property. Don't they need...
To add to what Mr. Carr correctly states, a motion to avoid lien does not apply to consensual liens such as a mortgage and that more information is needed. In a Chapter 13, especially 15 years ago in the eastern district of Pennsylvania, there may have been (and may still be) a way to get rid of the second lien but it's done by an adversary action in a chapter 13, what we would call a "435 complaint" to determine the creditor's secured status. It's a little too complicated to go into here but it may not be too late to do somethingSee question
My Brother in- Law, now deceased, lived in Pennsylvania and had first and second mortgages on his home. His house could not be sold and the first lender seized the home. Is his estate still responsible for the unpaid debt on that second loan? ...
Possibly, but probably. not. There are not enough facts to know for sure. You should contact an attorney for a confidential consultation as to why.See question
October 2016 I filed a civil suit against my ex to get money back for 2 dogs I bought while we were together. The district majestrate awarded me the money but my ex could not pay in full and they won't take payments so we were left to figure out a...
I will add a few thoughts to what my colleagues I've already said. First of all, you should certify your judgment to the court of common pleas next. To do that you need to get a certified copy of the judgment from the magistrate and take it to the court of common pleas with some additional forms to file it there. If you have a judgment against your ex in the court of common pleas it operates as a lien on any real estate that he owns. What that means is that if he goes to sell the property in the future, your judgment will come up as a lien on the property and will have to be addressed. Next, Pennsylvania law gives you 6% per year interest on that judgment, so remember that even though time is passing, you are getting a very good return on your judgment. You can also request that the constable in the Magistrate Court levy on his property. That will mean that the constable will knock on his door and require him to expose the property so it can be sold. He may not want to deal with that embarrassment and make off up some money pretty quickly. Because he works for the federal government, you may be able to garnish his wages. That's something else that could be looked into. Good luck.See question
My fiancee has a car repo and some other credit debts (credit cards).. all for about 21,000$ The bank for the car wants to take him to court. And we have talked and it may be better to file for bankruptcy.. However. The bank didn't even give h...
I often refer to bankruptcy as the nuclear option, because it pretty much can wipe everything out. So the 30 days and the money owed to the car company may not really matter if you go that route. However, like nuclear war, it should be used judiciously and somewhat as a last resort. Consider exploring other options first, but if the car expense isn't affordable, letting it be repossessed maybe a wise choice. Some banks come after the person for the deficiency sometimes they don't. And to further specifically answer your question, I don't think there is a 30-day right to reinstate Under Pennsylvania law regarding repossessions. You certainly should consider onsulting with an attorney to better understand your options and rights. Good luck.See question
Appears lawyer became administrative suspended. Can he settle lawsuits or should I search for another lawyer? Do I need to contact him?
Yes you should contact him and in Pennsylvania there are different levels of suspension. Administration suspension usually happens when he does not complete the required CLE classes and he can easily get them completed pay a small fee and have his license reinstated.See question
hello. i am filing bankruptcy..chapter 13 and it is not processed yet. .just have to get my tax information..I just got a non traffic citation for around $450.00 for my child's attendance (missed 1 day last year and I did not write a note). I know...
First of all, don't let things rattle you until you find out if it's really a problem. This citation isn't one. This is a minor speed bump that you will certainly get over. Call the court and request a hearing and they will instruct you what you have to do. You may have to sign the back of the citation and submit a fee for the hearing. Secondly, nothing can stop you from filing bankruptcy. Some things may make filing a bad idea so that's why it's important to get legal advice prior to filing so that a can of worms does not get opened. Thirdly you must list all debt on bankruptcy petitions, so it seems like your question really is whether this will be discharged in a bankruptcy. Possibly but possibly not. But again if you request a hearing at the court and hopefully you can work this out irrespective of whether you file bankruptcy or not. Good luck.See question
Now that his bankruptcy is final, this attorney who is overseeing the settlement says we have to pay back that money because it should have gone to his creditors not us since we are related. Why would we not be entitled to be given money for his a...
He's entitled to pay you but because you are family member, you are called an Insider and he paid you above other creditors. The law says that you have been given preferential treatment and bankruptcy seeks to even that treatment out between you and the other creditors. You should definitely contact the lawyer knowledgeable in this area because there are many things that can and must be done.See question
I've missed a few payments..I told my mortgage company that I had the total arrears and they refused them and said that they filed for foreclosure but actually they didn't file for foreclosure until a month later
You can claim unclean hands but it won't get you anywhere. You have to file an answer to the complaint and in the answer you should represent that you tried to reinstate and that you stand ready willing and able to reinstate. It's very important that you remember that every month that goes by, a new payment is going to be due so you should be prepared to reinstate with all new payments that are due going forward. I suspect that the issue is a difference of what you view the reinstatement is versus what your mortgage company views it as. You may be able to work that out. But yet again you must file a written answer to the complaint.See question
Is there a city code number in courts that I can use for my mortgage company for not letting me pay my cures?
To answer your question, no. The foreclosure action was filed in the county court which in Pennsylvania is governed by state and local rules of procedure. You have to plead your response in writing to the foreclosure complaint. Others have told you to get a lawyer and I will tell you that it's not impossible to do yourself but, like working on the transmission of your car, be prepared in case it gets messy. Good luck.See question