Archived
We're in the process of reverse mortgage and are losing our house, what are our rights? Can they take our things?
Joseph's answer
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Answered on October 16, 2013
The answer will depend on whether a sale has actually occurred. A Chapter 13 bankruptcy would buy some time for you to plan your exit out of the...
Archived
Hi I live in a community has a HOA monthly dues. If I lose my house in foreclosure . Iam I responsible for the dues not paid
Joseph's answer
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Answered on October 16, 2013
You can discharge the "pre-filing" HOA liabilities in a chapter 7, but the HOA can still seek a judgment on the property. Typically, this strategy...
Archived
Im confirmed in a chptr 13 bk...my payments are 1000/month
Joseph's answer
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Answered on October 16, 2013
I'd would first re-visit the value of staying in the case at all. Assuming your income is too tight to manage $1000 a month, is a chapter 7 an...
Archived
Currently 1.5 years in 5 year Ch13 with arrears in the Ch13. Now want to get out of condo, what is best way forward?
Joseph's answer
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Answered on October 16, 2013
Emerging from the case with a discharge in Chapter 7 may have value but there is nothing preventing you from simply dismissing the Chapter 13 and...
Archived
Modifying Mortgage Loan after Chapter 13
Joseph's answer
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Answered on October 16, 2013
Step one: Figure out whether your second was "stripped" in the recent BK...check the docket; Step two: Run an NPV test on your first mortgage to...
Archived
I filed chapter 7 in 2009. I missed 4 mos. payments on 2nd mortgage. Can the lender foreclose on my home?
Joseph's answer
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Answered on October 16, 2013
The second mortgage can foreclose on the home even if you keep your first mortgage payments current. The winning bidder at the foreclosure sale,...
Archived
I did not reaffirm my mortgage and have missed my payment for 4 mos.now on 2nd mortgage. Can they foreclose on my first?
Joseph's answer
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Answered on October 16, 2013
The second mortgage can foreclose on the home even if you keep your first mortgage payments current. The winning bidder at the foreclosure sale,...
Archived
Question about Short Sales in CA?
Joseph's answer
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Answered on October 16, 2013
If you are behind on your mortgage payments, there is nothing in place to prevent the lender from pursuing the foreclosure process. The Homeowner...
Archived
By paying the reinstatement amount to stop foreclosure, can an heir assume the loan or can a lender refuse the heir?
Joseph's answer
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Answered on October 16, 2013
Most Notes and Deeds of Trust contain an acceleration clause where if a transfer of title occurs...presumably sometime after you re-instate the...
Archived
HOA obtained a judgement against me before foreclosure. The property was sold a year ago, they are now trying to collect?
Joseph's answer
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Answered on October 16, 2013
Its clear that you have a personal liability to the HOAs and I would ask whether you have additional liabilities stemming from the foreclosure such...
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