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Sean Sullivan Hanley

Sean Hanley’s Answers

55 total

  • I filed BK in 2008. My bank said they do not have a reaffirmation letter and they did not receive one from my attorney. They

    said that he never sent them a request. He only notified them that we intended to retain our vehicle. Our car was repossessed and they will not reinstate. Whose fault is it that there was not a reaffirmation agreement in place?

    Sean’s Answer

    The creditor is the one responsible for sending you a reaffirmation agreement and typically, it is then up to you to follow through with the necessary steps to ensure the reaffirmation agreement is in place.

    Your attorney bears no responsibility, unless by contract or otherwise, your Attorney asserted they were going to handle this part of the representation as part of your fee/agreement.

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    Sean’s Answer

    The lien will survive your Chapter 7 Bankrupty discharge.

    One option now is to negotiate and settle the debt with the HOA.

    You should consult legal advice and/or reepresentation should you decide to negotiate and settle the debt.

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  • How can i keep or delay the bank from evictng my mom who is disabled and a senior.thank you for your help.

    She already has tried a modification .and we have more valid paperwork than the bank does.

    Sean’s Answer

    Your Mom's senior/disability status typically will not delay the foreclosure and/or eviction. You should consult Riverside counsel, however, as I am unsure as to any potential local ordinances/rules that may apply in this situation.

    Please note, the non-judicial foreclosure process lasts about roughly 4 months. It is unclear where in the process you are. You should consult local legal counsel.

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  • If one of my rental properties gets forclosed on, can that affect my other rental or my personal home?

    One of my rental properties has had a terrible time with break ins 6-8 in the last 3 years alone. This has cost me thousands to a point where I cannot afford the upkeep any longer.

    Sean’s Answer

    The Answer depends on Indiana laws.

    My understanding of Indiana law is the following:

    If there is an agreement and an applicable waiting period is not waived, a deficiency judgment may be obtained on a mortgage in Indiana.

    This means that deficiency judgments in the state of Indiana are allowed by state statute if it is authorized by loan documents and if borrowers do not waive applicable waiting period.

    If a deficiency judgment can be obtained against you in Indiana, that means that the bank may be able to pursue you (depends on the nature of the loan in California - non-recourse vs. Recourse) personally for any deficient amount of what is owed on the loan and the fair market value of the property at the time of the foreclosure.

    You should make sure to contact local Indiana counsel as state laws regarding deficiencies have many different nuances. My advice is not to be relied on and is general in nature.

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  • My friend is a tenant living in a foreclosed property now owned by the bank. She had a 90 day notice to vacate posted

    on her door. She has two weeks until the end of the 90 days, and wants to extend the time in the house as long as possible. When she receives an unlawful detainer notice can she fight it? Can she go to court with a demurrer and buy more time in...

    Sean’s Answer

    You can fight the unlawful detainer by filing an answer to the complaint; however, the question that is posed is what are the legal grounds. Typically, so long as the lender has followed the legal requirements with regards to notice/service, etc..., there is little ground to defend the foreclosure by the foreclosed tenant/borrower.

    Fighting the UD action may buy some time, but, ultimately, the time bought will likely be very costly (attorney fees, court costs, processing fees, etc).

    She may able to request a Stay of Writ of Execution at the termination of the UD case (assuming the lender/new owner is successful at obtaining the Writ of Possession). In Santa Clara County, tenants can request up to 40 days so long as they pay the per diem amount into the court within a limited prescribed time period.

    You should consult legal counsel.

    Hope this helps.

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  • Is there any legal course I can take to accelerate my foreclosure.

    I tried to do a short sell and I had a buyer, I moved out and two weeks before closing she lost her job. I had a second buyer but that fell thru. Tried to do a deed in lieu and it was rejected. Now the attorneys for the lender are taking way to...

    Sean’s Answer

    You do not have any legal recourse to make them accelerate the foreclosure. Your only recourse is to request they orceed expeditiously, which you have already done. please note, it is always wise to "get it in writing."

    I am unclear about the utilities concern. Why don't you just move out and discontinue paying utilities?

    Hope this helps. You should seek local counsel regarding your specific factual scenario.

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  • As a 'renter', do i have any recourse if the property i'm living in goes into foreclosure?

    I am a tenant in good standing for over 2 years in a home that i love and very much want to remain in. i have good reason to believe that the property owner is voluntarily allowing my home (and other investment properties) to be foreclosed upon. ...

    Sean’s Answer

    You should direct your question to a Colorado Attorney as I am unsure as the legal and/or practical differences between CO and CA.

    However, I see no reason why you cannot contact the bank directly. Upon the foreclosure sale date, your current landlord is replaced by the bank. All lending institutions policies regarding foreclosed properties are different; thus, your new landlord (bank) may be willing to rent to you based on their ultimate goal regarding the property.

    Regardless of the bank's ultimate planned course of action concerning the property, they will need to evict you from the premises following the foreclosure sale should they desire not to continue to rent to you. This gives you a bargaining tool as evictions (at least in Ca) are costly and time consuming for the lender to pursue. If the bank decides to evict you and is not willing to compromise/rent to you, you should see if the bank participates in a "cash for keys" program, whereby you may be able to get some money in consideration for your agreement to move out and provide the keys to the bank in a timely fashion.

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  • The house I rent month to month in CA is being foreclosed and how long do I have to find a place, unemployed, daughter disabled

    The property manager says the bank will pay me money to vacate but I have at least 60 days after the foreclosure date of 8/10. Is this true?

    Sean’s Answer

    There are new notice laws for tenants of foreclosed properties, which is in response to legislators awareness of the depressed economic state in America. These new notice laws seek to protect defaulting borrowers/tenants by giving them more time post-foreclosure to find a suitable new residence.

    Since you are not the defaulting borrower(typically, 3 days notice required for defaulting brrowers if all other requirements are met), family member of borrower, and assuming rent is at "market," then you should be given 90 days notice. This is the case for month-to-month tenancies.

    If your lease is a fixed term lease, you can potentially stay in the property until the lease term ends.

    You should consult an Attorney regarding your specific factual scenario.

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  • Can the bank do major demolition to a foreclosure that is tenant occupied?

    We have been fighting the bank for a while. We have a lease through the end of September. Recently the city of LA has fined the bank for a whole basement that was turned into a unit. They are fining them by the day. We pay extra rent to use this s...

    Sean’s Answer

    While you potentially may have legal right under California law, you must look at this issue from a practical perspective.

    When is the demolition going to take place? Will your right to quiet use and enjoyment of the property be compromised (for your next two months of tenancy) due to the demo?

    You should talk to the bank about when the demo is going to happen. If the demo is going to occur before your tenancy is over in September, you have the right to request a reduction of rent for the reasonable amount of rental space lost due to the demo.

    You should consult local counsel as this inquiry is fact sensitive and there are practical considerations that need to be addressed before you make a decision regarding future planned course of action.

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  • Can a real estate attorney help?

    Hi! My house was being foreclosed. I filed bankruptcy, but was unable to attend the court date. When I called my attorney to let them know I couldn't be in court, they told me that I could re-file. They also told me that the credit course w...

    Sean’s Answer

    You need to consult a legal professional in this matter.

    When you filed for Bankruptcy initially, something called an "automatic stay" kicked in, causing all of your creditor action to cease during the pendency of your bankruptcy case. When your case was dismissed, the Automatic Stay was no longer in effect, giving your lender the right to proceed with a foreclosure if you were not current on your mortgage payments.

    It is important to note that Lenders must follow strict legal requirements to proceed with a foreclosure. It is also important to note that even if a strict technical requirement was not followed, the lender can simply amend their mistake and proceed with the foreclosure action (provided all other requirements are met, etc).

    Once again, you need to consult local legal counsel to review the particular circumstances of your case.

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