What is my liability with a property that has been discharged in Chapter 7, but has not yet been foreclosed?

There is no liability for the mortgage and the lender will likely keep the taxes and insurance current. There is liability for HOAs or city code...

We are thinking either short sale or foreclosure. What is the best option for us?

One size does not fit all. You need a tailored review of all of your options by a seasoned attorney\broker. You can save the house if you can...

There are two alternative ways the lender can foreclose 1) judicial (through the courts-rare) and 2)non-judicial, a public auction process based on...

How can I transfer title to the home I have lived in for 38 years. My father passed in testate and I want to keep the property I

If there is no will...you need to go through probate court and try to obtain the power to refinance, sell or reorganize the mortgage on the...

I filed Chapter 13 bankruptcy as I was facing foreclosure. This was actually my second bankruptcy filing within 1 year.

If you failed to file a Motion to Continue the Automatic Stay, with a hearing noticed within 30 days of your filing date, then the automatic stay...

How long does a mortgage company have to file their assignment of the deed?

Absolutely not. A mortgage note is a negotiable instrument it can be bought and sold based on the preference of its owner. Furthermore it...

In chapter 7 are there any programs to help me do a home loan modification while i am in bankruptcy chapter 7?

You can pursue modification during Chapter 7 provided proper consent is provided so as to protect the creditor from allegations of violations of...

After receiving 1099c, am I expected to pay income tax on the cancelled mortgage debt AND continue making the payment?

Don't assume the debt is cancelled, especially on the second mortgage. More and more Californians are making this mistake and when property values...

Is there any such thing as a Statute of Limitations on a mortgage debt?

The fact that the second was "charged off" does not affect the deed of trust that secures the debt to the property. Such a voluntary lien stays...

Unlike bankruptcy, filing a state court or federal lawsuit does not automatically stop a non-judicial foreclosure. You must convince a judge to...