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No one bought my house at a foreclosure auction. Is it true that the property now legally belongs to the bank? What happens next - do they have the right to evict me upon notice? What happens if they want to conduct another foreclosure auction?
I think the prior attorneys have repsonded effectively to your question. You did not indicate what you wish to do at this point or what was happening at the time when your home went back to the bank after auction. You should be aware that the California the Homeowners Bill of Rights provides you with the right to challenge foreclosure even after the auction in particular situations.See question
i want to know what court papers(forms) do i need to respond to the plantiff. i'm employed but my monthly bills are very high. if i decide to make a monthly payment of $50.00 do you think it will be acceptable by the court or the plantiff. my acco...
I handle situations like this every day at my law firm. I would first look at the big picture and decide if you should be filing for bankruptcy to extinguish this debt. To know the answer to that question we would need additional information. On the other hand, if bankruptcy is not warranted or desirable, for any reason, you should file a repsonse ot this case. Then, if you have the means (or if can save over the duration of the lawsuit), and if you have experienced counsel who can create leverage, you should be able to settle this on decent terms. If you can't save or afford counsel, I think this is strong evidence that you need to be looking at bankruptcy.
Call my law firm if you wish to discuss further.
Best, Joe Manning
Is it safe to assume that a TRIAL DATE would be after the scheduled STATUS CONFERENCE? Isn't a status conference similar to a pre-trial meeting? Orange County Superior Court. Thank you in advance.
Unlawful detainer proceedings are expedited, so I would not assume the trial date will be after the status conference date. Check the docket at the court. Also, if you have no defenses, contact the plaintiff's counsel or agent and try to work out cash for keys or an extended move out date (or both). Call my office in Newport Beach if you need some direction. (949) 200-8755See question
Now that the collection agency is offering me a settlement that I can accept, but only within a limited time frame, so they will send me a settlement via email. Is this safe and reliable? Is it better to have the fax? or have them overnight a lett...
I would not provide the creditor your bank information. Frankly, this scenario sounds sketchy to me. For a complete response to your question I suggest you attach the offer made to you by the creditor together with description of the debt and surrounding circumstances. Be wary of the intentions of creditors and collectors!See question
Got loan through Citi, fell behind payments due to divorce. Loan mod. was denied twice by Citi. Found out over phone that trustee is now Quality Loan Service (QLS), and servicer is Vericrest Financial. Sent QWR to QLS. They said forward it to Veri...
I would not purchase one of these audits. If you are dealing with an attorney that is experienced in these matters he will be able to determine if you need that type of information and should know how to get it without paying for an entire "audit". I will say that I am very skeptical of these products because many homeowners have come to me for help with their useless audits that they paid as much as $2500 to obtain. I would also like to know your game plan if and when you can stop foreclosure because you will have to make payments on your loan at some point. Consider your financial capabilities and your endgame before your start spending.See question
This loan was and interest only loan based on the LIBOR index and adjusted up dramatically at the end of the 5 year period. We were told that to get a modification we were advised by Indy Mac to become late on the loan
With this limited information I would say that at this point a bankruptcy filing is the only certain way to stop the sale. You could also file a lawsuit against the bank/servicer and may obtain a temporary restraining order. Or, you could submit a loan modification application. I suggest you speak to a reputable attorney that handles these matters in your area or a not for profit -- right away!!See question
Can I still ask for a modification during the judicial foreclosure, would the lender be interested in a short sale or deed in lieu even if they have already filed a complaint? I just need to know what i can work with in Oregon. would the complaint...
You can always negotiate.See question
I have a second home that I have been renting out, I lost my job in October and my tenant decided to stop paying rent in March. My home is now in foreclosure and I still don't have a job to pay the necessary money to keep the place. It has been ...
Yes, you can cancel these services. Just make sure you don't do anything that will damage the property because you can be held responsible for damage to the property under the doctrine of waste if you damage it or allow it to fall into severe disrepair.See question
had no license to deal loans in california, they robo sined docs plus sold my loan to another company making me think it was the same company. I'm suing but i'm at wits end looking for a Precendent for this kind of action? Please help?
I would need more information about your case and your overall situation to answer this question. Post as much detail as you can for questions like this one.See question
I am currently in Loan Modification process and I am waiting for the decision. However, the sale date is scheduled for August 9th, 2012, which is in a week. Can I get an attorney to postpone the sale date without filing for bankruptcy?
There is little time but it is still possible to stop the sale without filing for bankruptcy. I have done this many times but whether or not it is possible for you will depend on the circumstances of your particular case.See question