Yes...because you have breached the written agreement to repay the debt on time. You made a written promise to re-pay money under specific terms...

I had a mortgage discharged in 2011 does it make sense to short sale it now or let it foreclose

You will receive more benefits if you short sell rather than allow foreclosure: 1) You will likely stay in the property longer; 2) You are more...

Do I need a BK attorney or a Real Estate attorney? (California)

The 2010 lawsuit and the BK7 needs to studied. Its unclear who got the judgment or its effect. Chapter 7 is not a device that you can use to...

Ch. 13 Was Dismissed for Non-Payment bcuz or Atty Disappeared - PLS HELP!

Do not look for a "fast food" answer on line. More info is needed. Start with hiring an attorney to review the BK documents, review your current...

What happens when one-of-three buyers of an owner financed property dies?

The two borrowers remain responsible for the loan. Whether the deceased person's heirs receive that 1\3 share of the property or if the share goes...

First: the 37 day rule is a federal RESPA rule. The California Homeowner Bill of Rights is an additional statute that loan servicer must comply...

If you received a discharge, that removes your personal liability for debts, not the second mortgage. Its a timing game. If you want to TRY for...

It sounds like there IS a "lien" on the property, aka the Deed of Trust that you pledged when borrowed the money. If there was no "lien" would...

Citi bank gave me a loan forbearance agreement with a waiver of claims in it, is this smart to sign?

If you want a legal opinion that you can rely upon, you need to engage an attorney to REVIEW the document and REVIEW that underlying facts. Hire a...

When there is a change of lender and/or loan servicer, does NOD and/or NOS be changed and re-recorded?

No. But there are other ways to delay or prevent foreclosure. Hire a lawyer or expect a poor outcome. You don't know what you don't know.