Archived
Will reopening a BK chapter 7 with a discharged date of 2014 cause a new clock of 4 years before we can attain a mortgage refi ?
Joseph's answer
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Answered on May 02, 2019
This is mortgage underwriting question and it may be wise to use a bankruptcy attorney who is also a mortgage broker to save thousands of dollars. ...
Archived
Mortgagor was pursing workout modification, during this process sold 1 TD to new lender . Is this legal? Do I have any recourse?
Joseph's answer
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Answered on April 22, 2019
Lenders are more apt to respond to an attorney than a consumer.
There is nothing unlawful about a lender selling your loan (its an asset, a...
Archived
What?
Joseph's answer
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Answered on April 08, 2019
If you don't have one, what you NEED to do is hire an experienced attorney (in both BK and Foreclosure; you are way over your head if you are...
Archived
1099-C?
Joseph's answer
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Answered on March 20, 2019
Just because the lender REPORTS the cancellation of debt to the IRS doesn't mean you are obligated to recognize the sum as income. You may need It...
If a mortgage co. can’t stop the trustee sale who can?
Joseph's answer
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Answered on March 18, 2019
The loan servicer can stop the sale simply by instructing the foreclosure trustee to do so.
If you believe the bureaucratic nature of the loan...
Archived
Can a second mtg charged off for non pymnts FORECLOSE if I am current with my first lien
Joseph's answer
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Answered on March 18, 2019
A charge off is a tax event that may affect your personal liability only. However, the deed of trust you signed makes the home collateral for the...
Archived
When a property is foreclosed and purchased through a trustee sale, are the new owners/LLC now responsible for all junior liens?
Joseph's answer
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Answered on March 16, 2019
A review of each encumbrance is required so that you may take action to protect yourself. Assuming no surplus funds remain, you may still have...
Archived
I need assistance with my home. After 8 years the 2nd is trying to foreclose?
Joseph's answer
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Answered on March 06, 2019
Facts trump feelings. The reality is that you borrowed money, promised to repay it and pledged your home is collateral. If you refuse to honor...
Archived
How can I get help to negotiate a 2nd lien after a Client filed a BK7 - 9 years ago? (I am a RE Agent helping the Seller)
Joseph's answer
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Answered on March 04, 2019
You borrowed the money, agreed to pay interest and pledged the home as collateral.
You need to be realistic and plan for the likelihood that this...
Archived
Refinancing my Property
Joseph's answer
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Answered on February 28, 2019
Many Chapter 13 debtors want to refinance and cut the combined burden of plan payments and "post-petition" mortgage payments. A Ch13 REFI can...
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