Archived
I had a line of credit starting in 2006 the last payment I made was in 2010 Can They still foreclose on my house ?
Joseph's answer
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Answered on November 19, 2018
Yes they can foreclose. You likely gave them that right when you signed a deed of trust, which secured the debt to the home and includes a "power...
Archived
Will mortgage be called if I report the passing of co-borrower?
Joseph's answer
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Answered on November 19, 2018
You may be eligible for protections under the Survivor Bill of Rights, a CA law that expands foreclosure protections. Hire a lawyer for details or...
How to extend a forclosure sale date?
Joseph's answer
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Answered on November 15, 2018
Yes, there a variety of strategies you can employ to buy more time or avoid foreclosure.
Archived
Refinance during Chapter 13 to buyout BK?
Joseph's answer
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Answered on November 14, 2018
Your question is more of an broker\underwriting question than a legal one. Start shopping for a loan.
Assuming you can convince a lender...
Can I sue my mortgage company who sold my house while in loss mitigation?
Joseph's answer
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Answered on November 09, 2018
The dual tracking provisions of the California Homeowner Bill of Rights may be applicable. If so, you can sue and seek to recover actual damages...
Archived
My depo is this coming monday and I do t have a lawyer I was told to file for banckrupcy?
Joseph's answer
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Answered on November 06, 2018
Filing bankruptcy would create an injunction that "stays" or freezes the civil lawsuit or enforcement of a judgment. While there are exceptions to...
Archived
Can a bank refuse a release of lein on our property? The bank says equity line of credit was discharged.
Joseph's answer
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Answered on October 31, 2018
The HELOC was secured by a deed of trust that attached to the house. Your personal liability for debt is discharged...but the home still owes the...
Archived
I read somewhere online that a lien on your property is only good up to 10 years and 1 day from date of discharge of bankruptcy.
Joseph's answer
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Answered on October 16, 2018
Not true. Voluntary deeds of trust last 60 years or 10 years from the maturity date (not the origination date) of the debt but only if that...
The bankruptcy ch7 discharge does not remove a judgment lien. Is this true?
Joseph's answer
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Answered on October 15, 2018
1. Don't take legal advice from your adversary;
2. Speak with your BK attorney about your options; if you don't have one, hire one ASAP;
3. ...
What do I do when the bank I am under review for modification files a relief of stay ?
Joseph's answer
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Answered on October 12, 2018
This open ended question requires an in depth analysis of your situation and options; rarely is there a fast food answer to foreclosure related...
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