How do I access my funds? And, shouldn't the trustee be held accountable for ignoring my 2 timely claims to the surplus funds?

While you have legal rights to the surplus, unless you property assert those rights against a party whom is seemingly ignoring you, your rights are...

Can they actually force a sale of the property and force us out of our home? Will the first mortgage holder allow this to happen

The BK7 Discharge does NOT wipe out your deed of trust or lien that secures the HELOC debt. Only your PERSONAL liability for the HELOC is...

(Foreclosure Related )Trial Payment Plan in California with HOBR and Notice of Default filing...

Call for clarification but assuming you've been offered a TTP...then it would be a violation of the CA Homeowner Bill of Rights for OCWEN to file...

If the SOL has tolled on the note to collect on the 2nd, does the lender still have the ability and right to foreclose?

Absolutely-the second mortgage can foreclose. When you borrow money AND give a deed of trust to secure payment of the debt...you provide the...

Can she do a debt settlement agreement and take out a 2nd mortgage later if something unexpected happens?

Consult a California attorney and allow them to see what "box" your mom can fit into and the pros, cons and costs of each option. A detailed...

How can I save my home? Can I convert from chapter 7 to 13?

Assuming you have the financial means, yes you can save your home. Addressing HOW to save your home will require more information. Your...

How long before I get my files from my chapter 7 to my new lawyer that will represent for Chapter 13?

Getting your fie back is your right but it is not your top priority: Start with an appraisal and find the Chapter 13 attorney with whom you want...

What can I do to avoid foreclosure? What are my options concerning this?

A good lawyer would require at least a half an hour to address your question. If simple answers existed, you'd find them on the...

Can someone please give me legal advice on my rights as a homeowner in order to prevent foreclosure?

Understand that quality foreclosure advice must be tailored to the individuals needs, goals and means. Don't expect anything from the internet...

Liability for deficiency balance after mortgage foreclosure and also after normal foreclosure of residential mortgage.

If your agreement includes cancellation of the deficiency, be advised that you will still receive a 1099 and may have to pay extra income taxes on...

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