Archived
Filed for bankruptcy and want to surrender my house. My wife is a co-debtor on the house but not a US Citizen.
Mitchell's answer
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Answered on December 20, 2010
Once you file for protection under Chapter 7 and receive a discharge, you will no longer be personally responsible for the debt. The lender will...
Archived
Can 1st mortgage company sue me for 2nd mortgage company's pre-foreclosure actions?
Mitchell's answer
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Answered on December 20, 2010
If the second begins foreclosure, the first can intervene. Not paying all liens threatens the collateral that supports the mortgage. However, until...
Archived
CAN I SUE MY FORMER MODIFICATION LAWYER
Mitchell's answer
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Answered on December 20, 2010
One bit of warning about loan modifications - applications do not stop foreclosures. Many lenders operate on both tracks - modification and...
Who can place a credit bid at auction? Only the Original Lender, right?
Mitchell's answer
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Answered on December 20, 2010
A little bit of background on mortgages may help. You have the servicer who is the company that you have been dealing with. The investors actually...
Archived
We filed bankrupcy ch.7 and were discharged. Can a bank do foreclosure on a property that we listed for surrendering?
Mitchell's answer
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Answered on December 20, 2010
The bank can sue for foreclosure because they must follow the state law to take possession of the property. Another thing they can do is a deed in...
Archived
Can a collection company obtain a deficiency judgment for a 2nd mortgage on a foreclosed home?
Mitchell's answer
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Answered on December 20, 2010
Many companies will sell off debt rather than try to collect it themselves. If the debt was for your primary residence, you can send a debt dispute...
Archived
Are deficiency judgements after foreclosure a sure thing even for foreigners?
Mitchell's answer
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Answered on December 19, 2010
The bank would have to find you and serve you first. Without that, it cannot start a c ase.
[I am a Virginia-licensed attorney. This...
Archived
I own a condo in Miami, the association place a lien on the apartment, I made several payments but I still owe half the original
Mitchell's answer
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Answered on December 19, 2010
Any lienholder can foreclose, though the are unlikely to do so unless there is equity in the property. The lend holder can foreclose and sell the...
Archived
We sought a property manager to find us a rental. We moved in, and 3 days later found the home was in foreclosure.
Mitchell's answer
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Answered on December 19, 2010
The problem here is that the foreclosure was in the works when you started renting. That timing will not give you rights over a new owner. The...
Archived
Loan modification fees
Mitchell's answer
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Answered on December 19, 2010
Many states have laws that prohibit charging a homeowner fees prior to getting a modification. If the modification made your situation worse, you...
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