Can the bank sell my mortgage after a dismissal without prejudice

Yes, anyone who owns the note can foreclose. However, if you received a discharge in your Chapter 7, and did not sign a Reaffirmation Agreement,...

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Our house was worth less than the first and second mortgage. The bank suggested we file for a deed in lieu.

Going through the procedure of a short sale could take a long time, and will likely give you the same result you received with your deed in lieu...

Can a bank garish wages or access my 401k on a defaulted loan for property?

A creditor usually cannot access a 401K, but can attempt to garnish your wages. There are exceptions to this. You may want to think about filing...

Have rental home in FC process. We were never served. Now has Affidavit of Avoidance filed. What happens now?

Your question, and the attorneys' responses, are all addressing how you can fight the foreclosure. However, in all likelihood, the mortgage...

Our home was sold at auction yesterday, June 26, 2013. We had a cash offer short sale contract and were told by the bank

The time to object would have been prior to the sale. Now, the purchaser has a good faith defense which you will probably not be able to overcome...

Our investment property is underwater, can we file for bankruptcy discharge when there are other people on the mortgage with us?

Yes, a bankruptcy can discharge the debt that you owe personally on the mortgage note, but it does not remove your uncle from liability. He would...

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Can I avoid foreclosure and bankruptcy? My husband died and I can't pay the HELOC. B of A will not work with me.

I agree with the other attorney. No one wants to file bankruptcy, but sometimes, it is your best option. You may be able to save your home and...

Ex-sister in law signed unsecured loan doc for $80,000 and refuses to pay any longer. note signed with my dad-she's pd 10000

You could possibly get appointed as your father's guardian, and sue her after your appointment. However, you would need to speak to a Texas...

Once I go to court for the Foreclosure how long does it take for the house to go up for auction in SW Florida?

It can take anywhere from several weeks to several months depending on the court and the bank.

I have a property going to foreclosure auction July 3rd. How soon should I expect to have to leave the premises?

In addition to the other response to this question, you should consider the more important question of you possibly being liable for any mortgage...