Archived
Plaintif filed 2 foreclosure complaints same loan, 1st 9-2007\ 2nd 10-2010. 1st dismiss 6 mo after 2nd , legal standing for 2?
Benjamin's answer
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Answered on March 11, 2015
Sounds like is the only one on the note. Statistically unlikely to keep property unless deeded back to mom and mom gets loan mod. If there is no...
Alteration To An Allonge On A Mortgage Note.
Benjamin's answer
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Answered on March 09, 2015
Your dispute is whether it is, or is not a "material alteration". The focus is whether or not an alteration is material. I have litigated this...
Archived
Today, I received the formal complaint of foreclosure from Bank of America. I was unemployed and fell behind with my mortgage;
Benjamin's answer
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Answered on March 09, 2015
Depending on your situation, bankruptcy may not be your best option. You should seek advice from several good lawyers. Typically, bankruptcy is a...
Do I have to respond to a Lis Pendens if I know the home is going to sell? I'm negotiating w buyer now but response is due soon
Benjamin's answer
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Answered on March 09, 2015
Yes, a response should be filed within the 20-days provided. No one can predict the future. More importantly, you should speak to a good lawyer or...
Archived
Dyck O'Neal Collections on Foreclosed Home
Benjamin's answer
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Answered on March 09, 2015
Do you know if they filed a lawsuit to collect the alleged deficiency prior to 7/1/2014? You should review the websites of various attorneys who...
What does "foreclosure redeemed" mean in credit report? Florida
Benjamin's answer
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Answered on March 02, 2015
I would say that you need to focus on the Dyck O'Neal issue. If they have filed a new lawsuit or a Motion for Deficiency Judgment, it could be a...
Archived
After a foreclosure, does the bank/credit union get 100% of the loan amount back from either the gov't or mortgage ins?
Benjamin's answer
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Answered on February 28, 2015
A demand for contribution is different than a refusal. If you have structured the purchase and sale contract between you and buyer correctly, you...
Archived
Unjust enrichment ? being sued for deficiency on foreclosure where bank obtained note and property for less than original note
Benjamin's answer
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Answered on February 12, 2015
Is it a Bank that is suing you or MGIC - a mortgage insurance company. Our office sees mortgage insurance companies trying to state a claim for...
Archived
Can LLord contest auction of home after sale, claims not served papers tho had full knowledge of 4closure & hiding from Bank?
Benjamin's answer
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Answered on February 07, 2015
Our office handled a similar case. We represented the tenant and buyer at the foreclosure sale. We wound up getting the former owner's...
Can Dyck O'Neal still file a lawsuit against me if it's been six years since a foreclosure? And are they violating the FDCPA?
Benjamin's answer
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Answered on January 29, 2015
The answer may hinge on the SOL in NH. If the NH SOL is 5-years and it has been 5 years post sale, then you are likely ok and could defend a...
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