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We filled for chapter 7 and was approved and was wondering if we could do a short sale or is it best to just let the house go?
Justin's answer
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Answered on February 02, 2013
It's generally advisable to pursue a short sale in your circumstances. It is true that you no longer have any personal liability for the first or...
Home Foreclosure. If trustee sale date is postponed, how much notice must trustee give to homeowner before can sell property?
Justin's answer
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Answered on January 31, 2013
You are not entitled to written notice of a new sale date unless 365 days have passed since the notice of trustee sale. Section 2923.6 of the...
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Judgment and Chapter 7
Justin's answer
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Answered on January 31, 2013
If the judgment is reduced to a lien on your home, you may not be able to get ride of the lien in bankruptcy. You should try to file before the...
Archived
If court rejects our answer to a Unlawful detainer can we still resubmit?
Justin's answer
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Answered on January 31, 2013
You may have a case for wrongful foreclosure, which can be consolidated with an unlawful detainer action to halt the eviction process. ...
Archived
Need Chapter 13 attorney to file final paperwork by 1/30/13.
Justin's answer
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Answered on January 28, 2013
I assume you are facing an imminent trustee sale of real property. Please call to discuss.
Archived
What options do my in-laws have that their property in foreclosure?
Justin's answer
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Answered on January 28, 2013
Chapter 13 bankruptcy would stop the sale. In the meantime, they should be pursuing a loan modification or forbearance. Ultimately, a reverse...
Archived
2nd mortgage and filing chapter 7 or 13
Justin's answer
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Answered on January 28, 2013
Negotiating a settlement following the filing of a chapter 7 bankruptcy is doable. I don't know that anyone can tell you definitively the...
Archived
Creditor won a judgment in a court. I'm filing Chapter 7.
Justin's answer
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Answered on January 28, 2013
If no lien has been recorded against the property, bankruptcy will prevent that from happening. Whether you would lose your home in chapter 7...
Archived
What are terms of a lease if no terms were entered on the form ?
Justin's answer
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Answered on January 28, 2013
It would probably be a month to month tenancy subject to the the terms of the written lease agreement.
Archived
I want to sell my house in bankruptcy. Can I sell it during my Chapter 7 case?
Justin's answer
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Answered on January 27, 2013
The first question is whether you are eligible to keep the house in bankruptcy. The answer depends on the amount of equity in the house and your...
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