Archived
I currently have an offer on my homestead property which will cover my first mortage fully and pay a small amount towards my
Sheryl's answer
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Answered on July 30, 2012
Generally speaking, the second mortgage holder can sue you for the entire unpaid balance on the second mortgage note. However, depending on who...
Archived
Short Sell in lieu of Foreclosure
Sheryl's answer
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Answered on July 21, 2012
No - the payment your former wife is receiving really is just an incentive for her to short sell the home rather than allow it go into foreclosure....
Archived
My question is if I pay the rent into the Registry of the courts and all applicable fees will this cease the eviction?
Sheryl's answer
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Answered on July 21, 2012
Unfortunately for you the answer is No. You had a right to cure your default in the rental agreement only for 3 business days after you received...
Archived
A foreclosure case filed against us was dismissed with prejudice due to the bank not showing at the non-jury trial.
Sheryl's answer
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Answered on July 21, 2012
A dismissal with prejudice means that the lender cannot bring a second action against you that is the same as the first, as opposed to a dismissal...
Archived
I have a home in pre-foreclosure that has been going on for four years. I would like to do a Deed in Lieu of.
Sheryl's answer
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Answered on July 21, 2012
The Bank will always consider a deed in lieu of foreclosure if you do not have any other liens against the property. You may be able to negotiate...
Archived
If my bank mortgage is proven fradulent in the court what happens to the house?
Sheryl's answer
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Answered on July 10, 2012
Unfortunately, although fraud is rampant in plaintiff's prosecution of mortgage foreclosures, Judges are simply not willing to give a homeowner a...
Archived
Filed Chapter 7 and waiting for discharge did not reaffirm mortgage.
Sheryl's answer
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Answered on July 10, 2012
Perhaps there are some facts that are necessary to support your financial advisor's advice to you to move or sell now, but based on the limited...
Archived
On my property is an ingress/egress easement for my neighbor’s use with two ditches. Can I widen and move one ditch that floods?
Sheryl's answer
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Answered on June 27, 2012
So long as you obtain the consent of the owner of the dominant tenement (the property owner who benefits from the easement) and have that easement...
I am named in a foreclosure lawsuit but am not the legal party, How did they get my name? Can I get my name removed? My rights?
Sheryl's answer
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Answered on June 21, 2012
Typically, lender's counsel uses a "shotgun" approach to determining who should be a defendant in a mortgage foreclosure proceeding. Certainly the...
Can I quit claim a property deed to remove someone who is on the deed but not on the mortgage to the property?
Sheryl's answer
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Answered on June 15, 2012
Yes, the owner/mortgagee can ask the co-owner in jail to execute a quit claim deed to relinquish his interest in the property.
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