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THE HOME I LIVE IN HAS BEEN IN FORECLOSER FOR 2 YEARS AND NOW IN AUCTION FOR THE LAST 6 MONTHS. DO I STILL CONTINUE TO PAY?
Matthew's answer
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Answered on February 12, 2013
Regardless of the premises being in foreclosure, your contract is with the landlord. So, the issue is what are your obligations under the existing...
Does a junior lienholder owe the senior lienholder a duty to notify that the junior intends to foreclose on the property?
Matthew's answer
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Answered on February 12, 2013
That is very much an issue of state law, the question being whether the senior lien holder is a necessary party to a junior lien holder...
Archived
What kind of crime is a illegal forecloser sale called
Matthew's answer
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Answered on February 12, 2013
First, it is not likely a crime, it is still a civil matter.
You may have claims for fraud, trespass to land, and so forth.
However, if you...
Archived
Lease agreement disclosure by lessor , did not disclose foreclosure proceedings when entering into a lease with a LL
Matthew's answer
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Answered on February 12, 2013
It is unlikely the contract is "void." However, the contract may be "voidable." Yes, there is a distinction. A void contract is one that can't...
Archived
Ch. 7 BK was discharged 3 years ago and BOA has still not foreclosed. Now I can't get another mortgage. What can I do?
Matthew's answer
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Answered on February 12, 2013
Unfortunately, no real way exists to side step the minimum 3 year rule.
As for your question 3, no,. After all, you got to live in the in the...
Archived
I need more specific information about Private School Loans (Sallie Mae) and the legalities of garnishing wages in NY.
Matthew's answer
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Answered on February 12, 2013
As others have stated, if the servicer obtained a judgment, then wage garnishment is on the table. Private student loans cannot use "enforced"...
Archived
"My 24 year old son passed away last year and Wells Fargo forgave his $75k student loan that I co-signed. We both received a 109
Matthew's answer
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Answered on February 12, 2013
If the 1099-C was issued to you and your son (sorry to hear about your loss), the 1099-C must be addressed on your tax return. As a co-signer, you...
Archived
Can I declare bankruptcy on Private Student Loans?
Matthew's answer
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Answered on February 12, 2013
The undue hardship standard is available for both guaranteed loans and private student loans. However, understand that these cases are a full blown...
Archived
If I defaulted in one loan with a massage therapy college, in other words a private college, can they take my tax refund?
Matthew's answer
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Answered on February 12, 2013
Depends if the loan is a private student loan or guaranteed loan. Purely private student loans do not have the power to intercept tax refunds...
Archived
Is money borrowed by a Chapter 7 bankruptcy trustee, that is never repaid, taxable income to the bankruptcy estate?
Matthew's answer
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Answered on February 12, 2013
This question is familiar, in fact, you asked it previously, so I will give you the same answer.
Assuming, for a moment, this is a real factual...
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