We were given a morgage that we were not qualifed for according to our income

I disagree with the prior answer. There is no indication in your question that you committed fraud. Did you lie or misrepresent your...

Orignal loan was morgage now being called an home equity loan by the new servicer, we don't qualify for a loan in that amount

There is no practical difference between a mortgage and a home equitly loan. They effectively are the same thing. Many (maybe most) real estate...

Should I put "No Deficiency" in my Short Sale or Deed-in-Lieu Request upfront with Lender?

Yes, under normal circumstances you absolutely should NOT proceed unless there is a deficiency waiver. Otherwise, in most cases you not only do...

Can the plaintiff say they have the note and then say they don't , do they need a affidavit from the bank stating that??

All the things that you mention are potentially material for a Motion to Dismiss if that is still procedurally appropriate. However, I note that...

Do I still have to pay rent when i jst found out tht my house is in forclosure? Owner hasn't ,made any pmyts in 7 mths!

I do not completely agree with either of the other answers. It is NOT 'against the law' for a property owner to collect rent on a house and yet...

If an assocation forecloses on an owner to force a lien, can the ass. then sue the owner for the balance e.g. legal fees owed?

I agree with Atty. Roberts. Many of the people trapped in foreclosure issues now are honest, well-intentioned, hardworking Americans who were the...

I'm in FL going through a foreclosure, what is the best way to handle this?

As a general rule, neither deed in lieu or short sale are going to resolve your problem, despite all the hype to the contrary. While the mortgage...

Can the HOA get a Writ of Possession if I filed a Motion to Object Sale and request for a hearing within the 10 day window?

Until the court disposes of your objection, the sale cannot be confirmed,and therefore the certificate of title can't be issued to the buyer. ...

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Can Lendner go after me for anything after the Deed-in-Lieu process?

P.S. Apparently Atty. Roberts and I were responding at about the same time, so I had not seen his answer until after I posted mine. I did not...

Can Lendner go after me for anything after the Deed-in-Lieu process?

I agree with Atty. Linhart. There is a great deal of confusion about what the various :"workout" terms mean, and unfortunately there is a lot of...