Archived
One month ago y have modification from hsbc bank but y have equity line of credit whit pnc bank for 86000 thant y didnt pay
Joseph's answer
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Answered on April 15, 2014
YES the HELOC can and eventually will foreclose on the property regardless of your multiple bankruptcy filings. The BK7 does not wipe out the...
Archived
My house is in foreclosure, and it changed servicer. The last servicer filed an NOD and is in foreclosure status.
Joseph's answer
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Answered on April 14, 2014
Any authorized agent of the beneficiary of the loan can file an NOD. Usually, the future foreclosure trustee records the NOD as an authorized...
Can a bank foreclose on a mortgage if they don't possess the original (blue ink) promissory note on the loan?
Joseph's answer
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Answered on April 10, 2014
The show me the note legal theory has been rejected by California courts. Furthermore the vast majority of courts have rejected the Glaski case...
Archived
Does modification review board preferred lawfirm reliable and guarantee when it come to loan modification?
Joseph's answer
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Answered on April 08, 2014
If you are asking whether you are guaranteed a loan modification if you hire a law firm...the answer is absolutely not.
Modification is not a...
Archived
Bankruptcy chapter 7 / personal injury liens
Joseph's answer
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Answered on April 08, 2014
More than likely YES. But your budget cannot have too much income so as to justify a partial repayment plan based on typical bankruptcy or IRS...
Archived
I filed complaint in state court for Quiet title ,defendant file chapter 7 . I was granted relief from automatic stay 356(d)(1)
Joseph's answer
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Answered on April 07, 2014
My suggestion is that you stop playing lawyer. As counsel has pointed out, proving up default in a quiet title action will be a challenge.
I...
Archived
Is a debt repayment plan required to file Chapter 7 as an individual debtor?
Joseph's answer
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Answered on April 05, 2014
Why would you risk representing yourself if you don't understand bankruptcy basics. Chapter 13 generally involves a 3-5 year payment plan. ...
Archived
If a substituted trustee quits/goes out of biz (recontrust) after filing NOD, does a newly apptd. Trustee need to refile a NOD?
Joseph's answer
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Answered on April 05, 2014
Not unless you paid back all of your mortgage arrears. The note holder need only file a substitution of trustee and empower a new trustee to file...
Archived
The bank sold my house at auction and got back more than what was owed but will not return the left over money to me.
Joseph's answer
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Answered on April 03, 2014
The responsibility falls on the foreclosure trustee to distribute the funds pursuant to the CA non-judicial foreclosure statute...in the order of...
Archived
The judge dismissed my chapter 13 case today. I did not make a plan payment. Do I still have time to convert before closure?
Joseph's answer
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Answered on April 03, 2014
No. Your case is over.
But you can re-file a Chapter 7 ASAP unless the judge banned you from future filings. If you re-file and the...
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