John Gerth Merna's Answers (699)

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Archived

2nd Mortgage wont approve short sale.

John's answer | Answered on December 26, 2011

Tip one. Talk to an attorney. You have certain rights and protections in California. You may be throwing them away because you are assuming a...

Archived

Must the new owner after trustee sale due to foreclosure be identified in the notice demanding possession from the tenant?

John's answer | Answered on December 26, 2011

What is your goal? Delaying another month? It is not likely the new owner of a foreclosed property is going to keep a tenant complaining of...

Archived

Can a mortgage company send a default letter to your spouse if they are not on the loan?

John's answer | Answered on December 26, 2011

I suspect given that they are aware of her name that she was involved with the account in some manner. While she may not be obligated on the loan,...

Archived

Can HOA come after you once a foreclosure takes place?

John's answer | Answered on December 23, 2011

You are responsible for all HOA fees until the property is transfered out of your name by the foreclosure. Yes, you can continue to be liened and...

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Bank has assessed unknown fees and reallocated mortgage payments made during bankruptcy to escrow account

John's answer | Answered on December 23, 2011

You can ask for an accounting from the mortgage company. If the application of the fees was improper under bankruptcy law it is possible to...

Archived

I am in foreclousre and someone initialed every page of the bank note. I did not do that, I got it going over it.

John's answer | Answered on December 23, 2011

I am not sure what your question is. If you are questioning whether the note was executed properly you should take it to a real estate attorney for...

Archived

My house has been foreclosed on. Sale is scheduled 12/27/11

John's answer | Answered on December 23, 2011

After a foreclosure sale you take the position of a tenant. The new owner will have to evict you. In most jurisdictions the eviction process...

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My house is scheduled for sheriff sale next month. I went to get my possessions and the bank changed my locks.

John's answer | Answered on December 23, 2011

You are still the owner of the property. I would consult a local attorney to determine if state or local law supports this position. But as owner...

Archived

What could happen to my credit if I decided to allow the property to go to foreclosure?

John's answer | Answered on December 23, 2011

I am sorry but I disagree with Mr. Simoni. Nothing would happen to your credit by virtue of a foreclosure on the property. Any delinquency on the...

Archived

Can we get evicted from my home that we bought from a owner financed for missing 1 payment. They want us to move out in 1 week.

John's answer | Answered on December 23, 2011

I'm sorry but your question is confusing. You stated "we bought this place in a park so we rent the space." Do you own it or rent it? You evict...

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