My husband is signing a quick claim deed on a house we own and I am not. His parents own the house and are threatening foreclosure. Can they just foreclose on me or are we both liable? We live in Oklahoma. Thank you.
Your question is not exactly clear as to who owns the house. I will assume that you and your husband originally purchased the home, and his parents lent money to you both for the purchase, and took a mortgage on the home as collateral. In that event, the foreclosure would name whoever shows on the loan, even if one or more of those people no longer owns the home.
I am not sure if this answers your question. Perhaps you might want to rephrase your question.
I bought the house in 2005. Joined army on January 2009 and HSBC foreclosed on MAY 2009 and I never received any notice. I had to file bankruptcy last year. Now I learned it was wrongful foreclosure. I can not get security clearance due to bankrup...
You are correct that a wrongful foreclosure likely has occurred. Foreclosure laws require a Rule 120 hearing, where the lender affirms that you are not in active military service. It sounds like that was not the case, and therefore the foreclosure should not have proceeded. As a result, it appears that they caused additional damage to you as a result of that wrongful foreclosure.
I specialize in foreclosure law, and would be glad to assist you. My office is in Castle Rock.
In dealing with an Arizona commercial lease, who is responsible for repaying the security deposit to the tenant after the property has been through a trustee's sale and the existing lease has been terminated by the new owner?
When a trustee sale occurs on a commercial property, it is considered an involuntary sale. As a result, the previous owner, your landlord, did not transfer the security deposits to the new owner. Unfortunately, you will need to bring a civil suit against your original landlord to obtain a return of the deposit. You should also keep the notice from the new Owner terminating your lease. In some states, the new Owner takes title to the property with the leases in full force and effect. I cannot speak to what the AZ law is on this, so it might be good to contact a local attorney to help you proceed forward.See question
I heard that if 2nd didn't get notify (certify mail) from trusty, the 2nd wil not wiped out when trusty deed recorded, is it true.
If the 2nd mortgage holder does not receive proper notice of the foreclosure sale, it can be deemed to be an "omitted party" and the lien may not be extinguished by the foreclosure sale. However, generally omitted parties rights can be resolved by providing the party with a right of redemption even after the sale has concluded. If it then fails to redeem (ie pay you off), then its lien is then treated as extinguished, just as it would have been had it received actual notice. This may require some action in the Courts, so I highly recommend getting legal assistance to walk you through that procedure.See question
My husband and I own a home in Illinois. Due to poor econmic conditions, we move to Florida and now have a business here. The home loan is a ballon and the remainder is due in 4 days and the bank is refusing to renew our loan since we no longer li...
Without more facts, I will give you my general impressions. If the bank forecloses on the home, and the loan was in the name of your husband and yourself, they could bid either the balance due on the loan or something less, which could result in a deficiency for which you could possibly be liable. However, it is highly unlikely the bank will go farther and seel to perfect that deficiency. However, even if they do, if your Florida business is in the name of a company, then they cannot attach those assets. Several other things come to mind as well. The bank is foolhardy to not work with you if there is no equity for them to recover, and depending on who the lender is, they may be required by law to work with you. There are now also Federal laws governing balloon loan payments. You definitely should seek the advice of an IL attorney experience in lending and foreclosure practices in that State.See question
I live in Iowa and my name is on the deed of my late brother's home in Texas. My name is not associated with the mortgage and the deed was changed when his estate was finalized. The home was foreclosed on and sold back to the bank in March. I had...
Although I do not practice law in Texas, there are a couple things that you need to check out. First, you need to verify that the deed was actually put into your name when your brother's estate was finalized, and recorded in the county where the property was located. If that is the case, you should have received notice of the bank foreclosure as the owner of record. Second, you need to confirm that the foreclosure was actually completed and that the bank is now in title to the home. If that is the case, you no longer need to insure the property. If they have not recorded the deed, you may have what is called a "zombie home" where the lender tries to avoid liability while retaining control of the home without recording its ownership interest. In that case, you will probably need to seek advice from a local TX attorney. Good luck!See question
I AM RENTING AN APARTMENT AND MY BEDROOM HAS NO WINDOW THE MAINTNENCE WAS SUPPOSE TO PUT ONE IN MONTHS AGO AND STILL HAVE NOT. WHAT CAN I DO ABOUT THIS ALSO I HAVE TO APPEAR IN COURT FOR EVICTION ON 12-21-12 CAN THIS HELP ME
A bedroom without a window is most likely against both health and safety codes in Dallas, as well as building department codes. If your landlord is in violation of any of these codes, you may have a valid claim for breach of contract by the Landlord. However, if your eviction suit is for nonpayment of rent, then the judge must weigh both claims to decide. In many cases, the judge may decide to discount or even rebate your rent during the period that the repairs were promised but never completed. Take a photo or two of the bedroom, and bring those to Court to help explain your defense. You may need to call your local code enforcement officials to determine the legality (not to mention the safety) of a bedroom without any window.See question
Agent set up a closing date of Jan. 15, 2013. Mortgage will be an FHA type. What if the renters need more time to move? What if they come back to the house after I take ownership? Can I call the police and have them removed or would I have to take...
If the renters have a valid lease, then you, as the new Owner, must comply with the terms of that lease until the lease terminates. Nonetheless, you are the Owner of the home once you purchase it. If you applied to the FHA loan stating that it will be Owner occupied, you should sign something with your mortgage broker stating that you intend to occupy the home after the expiration of the current lease. You also have the right to review the lease before you close, which is very important. If the lease has already expired, once you close you can ask the renters to leave by posting a Notice to Vacate, if they have not already left. If they continue to stay, you may need to do an eviction through your local court. Presumably, the renters know that the house is being sold, and have already found a new place to move to.See question
I have been served a petition to quiet title for my name to be removed and ex-partner to refinancing loan. I am unable to afford a lawyer. Is it bad to defend myself?
A Quiet Title action can be complex and involves areas of the law that most lay people are totally unfamiliar with. I would highly recommend an attorney, at least so that you can understand what issues are at stake. You may be able to resolve the issue without need for a trial, but it is important that you understand all of the ramifications.See question
Owners say they want us out by this weekend. Certainly not enough time. Don't dispute owing the money, just need time to move on.
Normally, on a land contract, you have equitable rights in the property, and a landlord must file a lawsuit to foreclose. They cannot legally evict you without going through the Courts. Because this process can be lengthy and costly for the landlord, you may wish to speak with him. Eviction is not an option for the landlord, so just stay put. In addition, any money that you paid towards the house are not automatically forfeited, and could possibly be returned to you. I would strongly suggest that you hire a good real estate lawyer who understands land contracts and your rights in equity. Good luck.See question