Can an investor holding a 2nd mortgage file a breach of contract complaint on the note for monies owed instead of a foreclosure?

Yes, provided the note was properly transferred to the investor. The note is enforceable personally against the debtor, with or without...

Stopping Foreclosure

If you pay everything that is due then yes it will stop the foreclosure. However, everything that is due is now more then the missed payments. In...

What are my options. I am on a loan for my deceased husband's mobile home. I do not live nor have I ever lived there.

Please accept my condolences. It is impossible to advise you of your options with that many specific details, and case specific advice is not the...

Considering a HAMP and want to know the eligibility criteria banks use before giving all my info. Help

Much depends on who actually owns the loan, and typically, the borrower is the last to know that critical detail. If the loan is owned by Fannie...

HOA Lien foreclosure and Ch 7

No. Run don't walk to a knowledgeable chapter 13 bankruptcy attorney. You must get your case filed before the sale in order to stop it, and unless...

HOA Lien foreclosure and Ch 7

No. The Supreme Court of the United States has just ruled that liens may not be stripped in chapter 7 cases. So, you need to file a Chapter 13,...

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Foreclosure auction sale

If the bankruptcy case was actually filed, and if there was a bankruptcy stay in place on the date of the sale, the sale is void. Normally, the...

How to stay in my home after a 120 day order to vacate by court

I emphatically agree that you need to retain a knowledgable attorney, who understands foreclosure litigation, bankruptcy, and Regulation X. There...

If your home is sold at public auction what is time frame for vacating the premises

Once the sale occurs, there is a minimum time-frame of 10 days for the certificate of title to be issued to the purchaser. Depending on the...

What documentation is needed to prove statue of limitation has been reached to prevent a foreclosure? I am the defendant.

It is not apparent from your question why you think you have a Statute of Limitations issue. Where the defense may be applicable, it pertains to...