Archived
If the house was surrendered as paid in full per the bankruptcy, can they in fact sue me for deficiency?
Mara's answer
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Answered on January 10, 2016
If you surrendered your home through a Chapter 13 bankruptcy in full satisfaction of the debt, and they are now seeking a personal deficiency, it...
Archived
Do I need a real-estate attorney to dispute a HOA amount due (less than $1400)or can I pursue it myself in a small claims court
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Answered on June 01, 2015
You should consult with a consumer law attorney before considering taking the matter to small claims court on your own. You can sue the attorneys...
Archived
Assignment of Rent and the UCC? I filed a CH 7 10 months ago and I keep extending it because a community bank I have 10mortgages
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Answered on January 23, 2014
You may have an issue. Of course it is a good idea to talk to your bankruptcy attorney. Besides you, a trustee is the only party that should be...
Archived
Home equity loan question
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Answered on October 28, 2013
Bankruptcy is your only option apart from entering into a better settlement agreement with the bank. You may want to discuss with them that...
Can I sue my mortgage company for forcing me in foreclouser?
Mara's answer
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Answered on October 28, 2013
It depends on a few factors. However, you likely have a cause of action under RESPA (Real Estate Settlement Procedures Act). In these types of...
Archived
Can we negoitate cash out or a construction loan to repair home?
or advise on how to purchase different home?
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Answered on October 28, 2013
Who is the new company? And are they willing to enter into a loan modification? A loan modification is the only option if you're considering...
Archived
Need help offered hamp modifiaction from ocwen baloon I owe 94000 3400 in back paynts now baloon of 67000am I buying home back
Mara's answer
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Answered on July 09, 2013
First of all, if you did not sign the contract by the date that it was due, you might have a problem and you might not have officially accepted the...
Archived
I need help putting a claim together for the consumer financial protection bureau.
Mara's answer
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Answered on May 07, 2013
More information is required. Generally, a bank owes no fiduciary duty to a borrower, unless certain circumstances establishing a trust...
Archived
Can a summon filed be cancelled if the plaintiff and I have agreed on an agreement or does it still continue?
Mara's answer
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Answered on May 06, 2013
If you are making payments without having an agreement with the bank to do so, and after they have already filed suit, you need to proceed with...
Archived
Deficiency judgment: If one is not personally served, can plaintiff ever still file for deficiency judgment later?
Mara's answer
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Answered on May 04, 2013
You're asking about an intricate point of law. Currently, the law says no, but that may change. There is only one major appellate opinion on the...
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