Archived
What can person do if interest on mortgage was doubled, she couldn’t pay it and therefore they increased principal amount too?
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Answered on October 10, 2018
You are suggesting that you took out a mortgage, breached that agreement, got offered a loan modification contract, accepted its terms, signed it...
Wife signed Interspousal Transfer Deed for HELOC, can I add her back on to deed once loan has closed?
Joseph's answer
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Answered on October 10, 2018
Sure its "possible" if you effectuate the transfer, but there may be tax or due on sale implications depending on which path you choose. Transfers...
Archived
What can i do about my house and being threatened with forclosure? If I feel they cant, because
Joseph's answer
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Answered on October 10, 2018
You don't understand the impact of a discharge in bankruptcy. When you borrow money, you make a personal promise to repay the debt. Typically,...
How do I oppose banks motion for relief of stay?
Joseph's answer
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Answered on October 10, 2018
No one can teach you how to function as an effective lawyer in 30 days. Foreclosure, mortgage and bankruptcy law issues are complex and often...
If your lender has approved a trial modification for 3 payments? I paid 2 out of 3 and will have the 3 done soon
Joseph's answer
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Answered on October 06, 2018
Yes, the HOA can foreclose whether you are current or in default on your first mortgage. Hire a lawyer to negotiate an arrangement with the HOA,...
Archived
What is the best way to shelter a rental property in California from a bankruptcy filing? Change title on the property?
Joseph's answer
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Answered on October 02, 2018
Transfers before a BK filing are subject to the avoidance powers of a bankruptcy trustee. A transfer for fair market value is less likely to...
Archived
Lender has taken my home into foreclose but they filed a 1099c in 2011 cancelling the debt?
Joseph's answer
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Answered on September 29, 2018
Don't assume the debt is cancelled because you received a 1099 form. The IRS allows a creditor the tax advantages of a "write off" when the...
Archived
I got Ch 7 discharged 2 yrs ago but now need to file Ch13. Can I do it now or have to wait?
Joseph's answer
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Answered on September 25, 2018
If you have a foreclosure sale, contact an attorney asap. Chapter 13 is a repayment plan; generally you use it to allow you to repay mortgage...
What's my options as a 2nd trust deed holder, bank owned the 1st trust deed. How can I collect debt owe for 10 years.
Joseph's answer
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Answered on September 25, 2018
The note and deed of trust that was presumably executed when you lent the money is where you need to start. The deed of trust may include a "power...
Archived
How To get home title back
Joseph's answer
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Answered on September 22, 2018
Everyone likes free cash; but repayment of the debt is what YOU bargained for, when you took the lender's money.
If this is a surprise, it...
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