In a foreclosure in CA, would a recorded NOD be invalid or improperly executed if a prior lender has not yet released the lien?

Let me guess...you are behind on your mortgage? If you are looking for more time in the property before the foreclosure sale, there are easier...

Can a second mortgage holder sell my home if I am current on the first. I have been paying them back on time

Yes. If you do not pay the second mortgage pursuant to the terms in the Note (which may require a lump sum balloon payment), the lenders recourse...

How long will the HELOC stay on the credit report after a foreclosure?

Your credit report is a secondary issue...If the HELOC was not a purchase money loan...then you still owe the money as an unsecured debt. ...

Can I included a 2nd mortgage or HELOC in a bankruptcy?

Lien stripping is currently only available in Chapter 13 (3-5 year payment plan) and only if the HELOC is fully unsecured. If you file Ch7 first,...

Are mortgage loan rescissions recordable document s in the county recorders office?

Playing lawyer with your house on the line is almost always a huge mistake. If you lack the ability to perform "tender" following rescission, the...

Is a balloon payment due when I sell my condo?

You cannot sell without obtaining a re-conveyance of the deed of trust that secures the HELOC debt from your lender. If there is enough money from...

What are the chances of modifying a predatory loan?

Your claim that the second is "predatory" your legal opinion...you still need to prove the elements of that cause of action including your damages....

Selected as the best answer

Lender filed notice of default while property was under protection of automatic stay due to bankruptcy of 2nd mortgage lender.

You can ask..but you more than likely will need to file a BK lawsuit to force them to correct the violation or ask a judge to rule the NOD is...

I have two weeks until my trustee sale on my home in CA. How can I delay the sale so I can work out a modification or sell it

Your first mistake is trusting what you are "told" on the phone. Its best to make all Requests for Information regarding foreclosure alternatives...

Need real estate attorney as bank wants to foreclose.

Your loan modification agreement, once finalized, is a new contract and you can sue to enforce it. However, you are not legally entitled to a...