Archived
My home went into Foreclosure over 2yrs ago, but bank just sent me a monthly statement to my new address.
Kurt's answer
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Answered on May 24, 2011
Though I am not licensed in California, my understanding is the law there prohibits deficiency judgments on foreclosures.
That is, they get the...
Archived
The house i'm leasing was sold back to the bank. Do i get my full deposit back?
Kurt's answer
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Answered on May 24, 2011
Yes, law gives you 90 days because you are a legal tenant, you would have to be evicted by the new owner, the bank, through the court system. You...
11 USC 541(a)(7) Any interest in property that the estate acquires after the commencement of the case.
Kurt's answer
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Answered on May 24, 2011
Your Chapter 7 estate is fixed at the time you file the case, plus anything acquired through divorce or inheritance within 180 days after...
Who is responsible for the maintenance of a foreclosed home?
Kurt's answer
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Answered on April 16, 2011
Who has title to the property? Just abandoning the house does not change ownership, which is determined by state law.
You may have a constructive...
Archived
What rights do I have if I am forcibly removed due to forclosure and my belongings are taken?
Kurt's answer
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Answered on April 16, 2011
was there a court order for eviction? this is a matter of state law, normally there has to be a court proceeding to evict you, followed by a writ...
Archived
Oil companey file chapter 11 any way to get out of contract !
Kurt's answer
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Answered on April 16, 2011
A lease is an executory contract, which can be assumed or rejected by the oil co.
Assuming means keeping it, according to its terms.
Rejecting...
Archived
We have filed ch 7. Our mortgage is reaffirmed. How soon can we sell our house? Do we have to wait for discharge?
Kurt's answer
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Answered on June 29, 2010
I cannot think of a reason why you would reaffirm a mortgage in this situation,
The mortgages are liens on the property, whether reaffirmed or...
Archived
I filed bankruptcy but two of the creditors placed liens on my property and refuse to take them off.
Kurt's answer
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Answered on June 17, 2010
State law question, how to remove a lien, you need an Illinois lawyer for that.
Were these creditors listed on the bankruptcy schedules?
If you...
Archived
Does landlord pay security after a foreclosure or does the bank?
Kurt's answer
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Answered on June 14, 2010
Depends on your state law, in Michigan, mortgage company does not acquire title to the property until 6 months after the foreclosure sale.
Also,...
Archived
May a mere Mortgage Servicer deny a right to rescind under TILA's 3yr extension? Lender securitized at closing.
Kurt's answer
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Answered on June 14, 2010
Getting info online is great, but you need a lawyer.
You have to file a suit for violation of TILA for the failure to rescind.
Not sure from your...
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