Questions answered by Bernard James Conway

Archived

Likelihood of collection agency foreclosing on 2nd?

Bernard's answer | Answered on May 16, 2011

Collection agencies are unlikely to seek a foreclosure from the second position - but that would be highly dependent on the probability of them...

Archived

I need to file a responce to a property tax forclosure notice.

Bernard's answer | Answered on May 16, 2011

It's unclear what you are trying to accomplish. If you owe the money, what can be the problem with the "person filing" being the recipient? By...

Archived

Can a plaintiff thru a judgment against rental property collect rents even though there is a bank loan on such property?

Bernard's answer | Answered on May 16, 2011

If I understand correctly - you have a client and are an attorney? If so, I don't believe you should be seeking free legal research on this site in...

Archived

I want to know if I can do anything about One West bank asking me to pay back 20,000 dollars in mortgage payments I didnt make

Bernard's answer | Answered on May 16, 2011

It appears you are in bankruptcy - CH 13? - you should be working with an attorney in that legal proceeding to get a feasible plan. The relief from...

Archived

What stage of foreclosure am I in?

Bernard's answer | Answered on May 14, 2011

This can't be answered without knowing what the filings to date have been. The lawyer you reference sounds like they would possibly know. Since you...

Archived

After 15 weeks of m/m tenancy Real Estate agents are showing our rental due to foreclosure. Do I have to keep paying rent?

Bernard's answer | Answered on May 13, 2011

While I agree with the previous answer in a foreclosure/tenant setting, there is the argument that you have a fraud claim that is independent of...

Archived

Is a real estate agent/broker required to disclose that a property is in default or in foreclosure before renting it to you?

Bernard's answer | Answered on May 13, 2011

The fact that you specifically inquired on any foreclosure makes it an obligation on the agent to answer honestly. If they knew or should have...

Archived

Under chapter 13, is a short sale better than a foreclosure?

Bernard's answer | Answered on May 13, 2011

You don't say whether or not your bankruptcy has been finalized - however as a CH 13 - I assume not. if not, all of this should be sorted out...

Archived

My house is going into forclousre. I own another house. Should I quit-claim the 2nd house to my son to avoid lein?

Bernard's answer | Answered on May 13, 2011

You have - I think - 2 Quit Claims and it is unclear who has signed what Notes for which properties. There is a difference between holding title...

Archived

Need assistance writing a Qualified Written Request. I believe I need an attorney. Trying to find one in Tucson.

Bernard's answer | Answered on May 12, 2011

The QWR will probably not get you the answers you are looking for. I would suggest that you contact a local attorney who has experience in...

Bernard James Conway's Answers (443)

Likelihood of collection agency foreclosing on 2nd?

I need to file a responce to a property tax forclosure notice.

Can a plaintiff thru a judgment against rental property collect rents even though there is a bank loan on such property?

I want to know if I can do anything about One West bank asking me to pay back 20,000 dollars in mortgage payments I didnt make

What stage of foreclosure am I in?

After 15 weeks of m/m tenancy Real Estate agents are showing our rental due to foreclosure. Do I have to keep paying rent?

Is a real estate agent/broker required to disclose that a property is in default or in foreclosure before renting it to you?

Under chapter 13, is a short sale better than a foreclosure?

My house is going into forclousre. I own another house. Should I quit-claim the 2nd house to my son to avoid lein?

Need assistance writing a Qualified Written Request. I believe I need an attorney. Trying to find one in Tucson.