Archived
What happens if a foreclosure auction is stayed under a BK 7 filing, so the property can be sold to a private buyer?
Mario's answer
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Answered on August 19, 2016
If you are in a Ch. 7, you can't sell the property. The Trustee must "abandon" the property before you can sell it. If you don't have a lawyer,...
Archived
I filed a chapter 7 with ex husband in 2010. I divorced and since realized that my husband hid some properties from the bk trust
Mario's answer
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Answered on August 19, 2016
Mr. Harrell makes a good point. This is a serious matter. Do you have an attorney handling your case? If so, let him deal with the Trustee. If...
Archived
Mortgage company refusing payment
Mario's answer
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Answered on August 19, 2016
Are you behind? Often, lenders will refuse any payment which is less than the full amount needed to catch up payments. Contact your lender. You...
Archived
Dear Avvo Advisor,
Which are the options to re-institute the property?
Mario's answer
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Answered on August 19, 2016
It may be too late, but you can always check. Contact a lawyer in your area who is experienced with foreclosures.
Archived
If a Trustee's Sale is rescinded, are second and third position lienholders still wiped out, or are those liens still valid?
Mario's answer
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Answered on August 19, 2016
You may have your second position back. If you want to bid on the property, you should contact the party conducting the foreclosure. I don't know...
Archived
How to protect myself on a guarantee?
Mario's answer
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Answered on August 19, 2016
This deal looks like trouble. If the buyer had decent credit or collateral, you would not have to guarantee the loan. You can get stuck paying...
Archived
What can we do to keep and refinance our house when the servicing company keeps changing during the foreclosure process?!
Mario's answer
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Answered on July 15, 2016
Modifications are a pain to do. Before filing a bankruptcy, ou can get help from a non-profit HUD approved housing counseling agency. Here is a...
Archived
Foreclosure issue.
Mario's answer
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Answered on July 15, 2016
I am not sure of what you are asking. You need an in-person consultation with a real lawyer experienced in foreclosure law. This is a complicated...
Archived
Can I reaffirm my mortgage after the discharge of my bankruptcy, its been five years since the discharge.
Mario's answer
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Answered on July 15, 2016
It is unlikely that the bankruptcy court will reopen the case and approve a reaffirmation. Sometime, lenders say they can't modify without a...
Archived
What is the law about foreclosed mobile homes in South Carolina?
Mario's answer
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Answered on July 12, 2016
Your friend could be liable for a deficiency debt if the home does not bring enough to pay off the loan. The bank is likely to quick-sell the...
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