Archived
If your mortgage company gets relief from a motion of stay while in a chapter 13 does that mean they will start foreclosure?
Joseph's answer
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Answered on May 23, 2014
You are asking for a bad outcome by representing yourself. You must oppose the motion on the merits. If you lose, the normal foreclosure process...
Archived
When a property enters the beginning stages of a foreclosure how can a new mortgagor take over the property with deed
Joseph's answer
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Answered on May 22, 2014
Most loans are not assumable but any property can be sold "subject to" an existing loan even if the property is under water.
The new owner...
Archived
In California, how long before my home goes into foreclosure? I am in process of deed in lieu, do I have time to do short sale?
Joseph's answer
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Answered on May 21, 2014
OCWEN is the worst and you can expect more of the same shoddy treatment. But initially, I would be very concerned about your liability for income...
Archived
Lender financing balloon payment due and in default. Is it recourse or non-recourse.
Joseph's answer
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Answered on May 19, 2014
It sounds like a purchase money loan, but I's recommend having the originating documents reviewed.
Your debt is based on the note and a deed of...
Selected as the best answer
What is the statute of limitation on HELOC in the state of California?
Joseph's answer
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Answered on May 10, 2014
The bank has a property interest in your home as a Heloc includes a deed of trust. The debt will continue to grow the longer you do not pay. You...
Archived
I need an attorney who can prepare for trial
Joseph's answer
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Answered on May 09, 2014
Your client needs an attorney for more than to "attend hearings, conferences and get to trial".
Your client needs an experienced...
Archived
How does the right to redemption work after an HOA foreclosure? How much do I pay to keep my home and who do I pay?
Joseph's answer
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Answered on May 07, 2014
Are you assuming there is a right of redemption in California?
If a foreclosure sale has not yet occurred, you must contact an experienced...
Archived
I filed chapter 13 2 years ago. I have 1 more year to pay on it. When can I buy a house? Mortgage loan?
Joseph's answer
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Answered on May 06, 2014
I have to disagree as to the evolving FHA guidelines.
In response to the foreclosure crisis, FHA requires 12 month seasoning following...
What is an average attorney's fee for chapter 7? If I can pay $250 every 2 weeks, would a good lawyer take my case?
Joseph's answer
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Answered on May 06, 2014
We'd need to obtain a copy of your tax transcripts to see how much, if any, of the income tax liability can be "discharged" or wiped out in Chapter...
Archived
What are the ramifications of giving rental property back to the bank?
Joseph's answer
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Answered on April 23, 2014
There is no guarantee they will take it back before suing you. A judicial foreclosure of a non-purchase money loan can result in you owing the...
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