I have been told that a Ch 7 and a foreclosure are each a separate case. Foreclosure only begins after the Ch 7.

If there were excess insurance proceeds after the banks and any liens they return to the property owner. If a bankruptcy estate is open then they...

Hello. I am current with my mortgage payments but very behind on HOA fees. Would my lender do a deed in lieu to relieve me?

I agree that your lender is not likely to accept a deed in lieu. In addition you should understand that your credit is not going to saved by giving...

Do I need to leave where I'm living now or can I get away with staying?

I would suggest you keep an eye on who purchases the property at the auction, and if they seek a writ of possession. When a writ is served your...

This trend is sadly increasing. You student loan companies may ask your university to withhold your transcripts, and you school is allowed to...

Based upon the information I agree with the other attorneys. If you did not sign on the note then you should not have any liability on the note....

My foreclosure was dismissed w/o prejudice. Bank has not refiled. In January it will be 5 yrs since I defaulted. Has SOL run?

The SOL begins to run from when the note became due. Typically this is when the note was accelerated. I suggest you have an attorney review this,...

Received foreclosure bt Melon dismissed. Now What?

I would suggest you consult with a foreclosure defense attorney who will review your case file to determine the status of the case. A number of...

According to UCC305(c) How Can a lender Foreclose when this is the law?

Your question needs more facts to be answered appropriately. Holder in due course issues are very fact specific. In addition the 5th DCA addressed...

Foreclosure

Plaintiffs are charged with moving a case forward. It is improper to file a motion with the intent to delay a case. You should consult with an...

What type of lawyer would handle an HOA lien foreclosure auction sale that was vacated due to the home owner filing bankruptcy?

Yes you can seek return of the funds you have paid. The bankruptcy places an automatic stay and prohibits the transfer of property during the...