Archived
Is it appropriate to file an adversary proceeding naming the foreclosure company as a defendant and not the lender?
Gary's answer
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Answered on May 11, 2012
Not an easy question to answer without conversation. Howevere, if the facts warrant, and they usually do, the lender should be named as a def. The...
Archived
Landlord is being foreclosed on and tenants suspect that he is going to trash the building before bank auction.
Gary's answer
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Answered on May 11, 2012
If you have the evidence of this, as it appears, you should have an attorney file for a restraining order prior to any action by the LL. He still...
Archived
Pre foreclosure, Can the bank do anything to me if I threaten to strip my house?
Gary's answer
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Answered on May 07, 2012
Without the bank's written permission (not likely to be given) it would be criminal to do that, or at least, violate their rights. Built ins are...
Archived
Home mortgage company lied and foreclosed while I was working on a modification. Now evicting me. Can I do anything about this?
Gary's answer
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Answered on May 07, 2012
Happens all the time. Worst villain is BofA. You need an attorney to sue lender on theory of detrimental reliance. We do this regularly. They...
Archived
How to have a sale rescinded from wells fargo and freddie mac purchased my home. And want to file suit for fraudulent auction
Gary's answer
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Answered on May 07, 2012
Sounds like fraud by WF. If you can prove the good condition report, go to court against condemned report to show fraud.
Archived
Is Trustee Delay Services a licenced company?
Gary's answer
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Answered on May 07, 2012
These folks have been around a while and seem to help many people I have known. I would talk with a local attorney before using them.
Archived
Can you extend the date of a forecloser?
Gary's answer
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Answered on May 07, 2012
Here in California we regularly deal with these situations successfully. You might try explaining to the lender and offering to pay them fair rent...
Archived
I owe business credit card $35,000 max limit, I cannot afford to make minimum payment, will my business be foreclosure by bank?
Gary's answer
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Answered on May 07, 2012
credit cards are non secured debt. they cannot foreclose on property not pledged to support the debt. They can sue you personally, if you...
Archived
How do I stop a sheriff lockout
Gary's answer
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Answered on May 01, 2012
If you mean the bk resulting in a discharge of your debts, and you lost your home, rather than try to negotiate that debt through an attorney, then...
When a first mortgage is paid off, does the junior lien move into first position and can it foreclose even if there is equity?
Gary's answer
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Answered on May 01, 2012
By definition if the lien becomes the only lien, it is the first lien. If you fail to pay the lien, the lender has the ability to start foreclosure...
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