Archived
What are our options on our investment rental properties when we can no longer afford them or rent them out?
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Roger's answer
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Answered on October 05, 2010
Bankruptcy under Chapter 11 or Chapter 13 may give you some options to hold onto these rental properties and turn them into positive cash flow...
Archived
Our house foreclosed, during the process we had an active modification going,did the bank stillhave the right to sell our house?
Roger's answer
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Answered on September 23, 2010
You should seek an attorney as soon as possible. Nonjudicial deed of trust foreclosure sales can be challenged and set aside in some cases. ...
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Archived
If an employer offers me 20% interest on future unpaid wages, can they back out by claiming it is usurious?
Roger's answer
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Answered on September 19, 2010
Washington's usury statute protects consumers. It does not protect commercial borrowers. Your ex-employer cannot hide behind the usury statute. ...
Archived
Real Estate Deed of Trust 2nd Position - 1st Held Foreclosure Sale - 2nd Not Notified
Roger's answer
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Answered on September 16, 2010
Before looking at possible defects in the process of the foreclosure, try to figure out whether the amount owed on the loan secured by the first...
Does a confirmation, or ratification or redemption period apply to wa.st.
Roger's answer
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Answered on September 16, 2010
Real property loans in Washington are almost always secured by deeds of trust. One of the benefits of a deed of trust is the availability of a...
Archived
Which one is better for us chapter 11 or chapter 13 for bankruptcy?
Roger's answer
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Answered on September 16, 2010
I don't see that waiting on the bankruptcy until just before foreclosure makes much sense. The lender you horse around until the last minute before...
Archived
Who is the legal note holder on a mtg where both the 1st and 2nd note were sold to a securitized pool and servicer is orig lendr
Roger's answer
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Answered on September 05, 2010
Elizabeth is right. Contact Melissa Huelsman. The Washington State Bar Association has a Home Foreclosure Legal Aid Project (HFLAP) coordinating...
In filing chapter 7 bankruptcy, is the cash value in a personally owned whole life insurance policy exempt property?
Roger's answer
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Answered on September 05, 2010
You would not be able to exempt this asset under Washington law. The Washington statute dealing with life insurance is RCW 48.18.410. It protects a...
Archived
Can I force my bank to foreclose on my property?
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Answered on August 27, 2010
Many people in Washington are facing this difficult situation. For what ever reason, they are no longer living in a property subject to HOA dues....
Archived
Defending foreclosure on the home after filing chapter 7
Roger's answer
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Answered on August 27, 2010
This is sure a prime example of how trying to do a bankruptcy by yourself can cost you way more than hiring an attorney. When a motion for relief...
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