Archived
We was living in my brothers trailer and fell behind on the payments. now the home is being foreclosed upon.. what are my rights
Bernard's answer
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Answered on May 12, 2011
If you didn't sign a Note with the bank - then you have no legal obligation to pay any debt to them. It doesn't matter whether you were sending the...
Archived
Can a mortgage company have 2 judgments of foreclosure for one mortgage(1st one vacated a year after 2nd one was granted)
Bernard's answer
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Answered on May 09, 2011
It is axiomatic (yes) that a lender can only collect once on a debt.
Archived
I need help in completing an "Answer" for a foreclosure complaint.
Bernard's answer
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Answered on May 09, 2011
You also need to know that omitting any affirmative defenses may be ruled as a waiver of them in future proceedings. If you are serious about...
Why am I named as a defendant in someone else's foreclosure? I sold the house 15 years ago.
Bernard's answer
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Answered on May 09, 2011
You cannot be held responsible for a debt that you didn't obligate yourself to by signing the Note. From what you state the ongoing actions are -...
Archived
Is there fraud on the part of the landlord when a lease is signed with his knowledge of foreclosure?
Bernard's answer
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Answered on May 09, 2011
I agree with the earlier answer - a lease is a bargain for the right to occupy the property. As long as you have that occupancy, the lease is valid...
Archived
An AZ couple bought a home. CA lender did not make one spouse sign anything. Homestead is filed. Can lender foreclose?
Bernard's answer
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Answered on May 08, 2011
Depends on whether the non signing spouse takes interests subject to the mortgage. One spouse cannot convey clear title if there is an existing...
Archived
I sold my home and financed the mortgage privately for the buyers. They cannot pay full monthly amount. How do I forelcose to
Bernard's answer
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Answered on May 08, 2011
There are too many unknowns here - is there any other debt against the property, terms of the sale etc. In general, you file a foreclosure as any...
In WA State, does the bank pay the HOA for past dues after foreclosure?
Bernard's answer
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Answered on May 06, 2011
That code section concerns lien priorities - that is not the same as liability for the debt itself which remains with the title holder. That being...
Archived
Garnished, Lein and Forclosure in Colorado
Bernard's answer
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Answered on May 06, 2011
In general - the HOA has a right to pursue any debt owing to them, More info would have to be found out beyond that. With all of the facts you...
Archived
I have a second mortgage which has fallen into default. The amount of the second is less than half of the primary mortgage.
Bernard's answer
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Answered on May 06, 2011
I suggest you find a lawyer with both foreclosure and bankruptcy expertise. The rest of your financial circumstances would effect the strategy...
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