Can a 2nd mortgage foreclose when the 1st mortgage is current?

To answer the first question: yes, the 2nd can foreclose on the property, regardless of the status of the 1st mortgage. Will they? That...

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

The allegations of the complaint that you describe are contradictory and render the Complaint a sham pleading, which IS a ground for...

I need to repond to the summons from the court regraurdng foreclosure. I have 28 days to respond.

You really should consult with a local attorney to determine your rights. You may inadvertently put something in the response that you shouldn't,...

My daughters house was sold at auction the same morning she filed chapter13 but not before the house was sold

I agree with my colleague's response. Either the bankruptcy was filed before the sale was conducted, in which event the sale is void, even if...

Chapter 13 and car loan

This is not so much a bankruptcy question as a credit reporting issue. More than likely, the creditor will report "paid as agreed", but each...

Reaffirmation of house after chapter 7 bankruptcy

As long as you did NOT reaffirm the debt, your obligation to pay on the note was discharged along with all your other debts. If the home goes into...

My only income is a monthly PERS retirement check. Re: EIPA - how do I advise any creditors that this income cannot be seized?

In my opinion, sending the letter will not provide a current benefit, but it might help you down the road. Look, there is no reason for a...

Question about collection agency?

Send a letter to each collection agency asking for validation of the debt, including the assignment of the loan from the original lender to the...

First and foremost, be sure to respond to the initial pleading, either by filing a response within 20 days of being served; otherwise, you will be...

I received a letter from an attorney collection agency.

I am going to take exception to your comment that "obviously the account was older than 7.5 years". Just because an account is not on a credit...