Archived
If I filed chapter 7 in 2010, can a second mortgage company foreclose on me still even though I'm current on 1st?
Joseph's answer
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Answered on August 15, 2018
The deed of trust you signed when you promised to repay the money was a property interest you gave as security for your pledge. It expires 60...
What is the statue of limitations for an unpaid note secured by a deed of trust?
Joseph's answer
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Answered on August 13, 2018
If you can ascertain the maturity date of the debt from the recorded document, the power of sale (non-judicial foreclosure remedy) extinguishes 10...
Archived
What is the statue of limitations for a 2nd mortgage in California?
Joseph's answer
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Answered on August 08, 2018
Absolutely. The deed of trust is a property interest that YOU attached to your home and gave to a creditor. The interest was given to ensure your...
Archived
How can I get the lien off my property
Joseph's answer
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Answered on August 08, 2018
Modification of the first mortgage under HAMP has no effect on your obligation to pay the second mortgage or the attachment of the deed of trust to...
Do I still need to list my house for foreclosure after the Notice of default even though I want my property back?
Joseph's answer
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Answered on July 31, 2018
Your question is unclear. If you are on title, pay off the loan, end the foreclosure and keep the home.
Depending how the home became yours...
Archived
How can mother remove a Cloud over her title? Her home has no liens or encumbrances. Cloud caused from Sisters Chapter 13 BK
Joseph's answer
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Answered on July 31, 2018
The home is likely "property of the Chapter 13 estate". Once your mom has accepted an offer, a motion and BK order is likely necessary to sell...
Can I be held responsible for a home loan modification my Ex. Forged my signature on?
Joseph's answer
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Answered on July 28, 2018
Subject to further review, if you signed the original mortgage, an argument can be made that you are still liable for the debt. Chances are that...
Archived
Chapter 13 no other option when house is scheduled for auction
Joseph's answer
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Answered on July 02, 2018
The failure rate on Chapter 13 is very high; over 90% of cases are dismissed in the first few months. Representing yourself is often a bad idea...
Archived
CA home owner would like to add my sister to deed Ocwen will not allow me to. I have deed change clause. How large is risk?
Joseph's answer
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Answered on June 27, 2018
Most mortgages contain a clause that allows the lender to call the loan if you transfer title. Its their option.
One exception is that some...
Archived
Is the Homeowner's Bill of Rights applicable to second mortgages?
Joseph's answer
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Answered on June 25, 2018
No.
HOBR doesn't stop foreclosure just because you want to short sale ether way; the short sale must be approved by all lenders for HOBR dual...
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