Upcoming Foreclosures

What are the California laws pertaining to a renters rights on property being in foreclosure?

Is anti deficiency law after property foreclosure recognize in the state of Texas?

what happens to property in a house after foreclosure? My friends property he had in the garage of the house was taken by the company doing the foreclosure. The house was foreclosed on and they took all of his property, car, sound equipment, dryer... that was in the garage of his house that they foreclosed on. what are the laws regarding the property. Are they not supposed to put it in storage for a period? Where do I find the law?

Is there a law in Missouri that forces land lords to reveal if the rental property is in foreclosure? I have been reading a lot about instances where unscrupolous people who have homes going into foreclosure are renting the property out without telling the renters and all of a sudden a foreclosure arrives at the residence and the people who just paid rent and a deposit and stuff are being evicted within a couple months. Is there a law on Missouri books that forces land lords to reveal this information prior to renting the property in foreclosure? If not there isn't, there should be.

My property is in foreclosure and I'm receiving a ton of mail... I have a couple questions about they laws... My property is currently in foreclosure and I’m receiving a ton of junk mail related to it. The problem is that allot of the postcards and envelopes state things such as "save yourself from foreclosure", "stop foreclosure", etc... What I don't like is this makes everyone aware (i.e. mail person, roommate, etc) aware of the situation. I thought that I had seen something before that there are laws against anything like that being on the outside... can you please let me know if that's correct or if I’m thinking of something else. Thanks!

what happens to the property in a house after a foreclosure? My friends property he had in the garage of the house was taken by the company doing the foreclosure. The house was foreclosed on and they took all of his property, car, sound equipment, dryer... that was in the garage of his house that they foreclosed on. what are the laws regarding the property. Are they not supposed to put it in storage for a period? Where do I find the law?

property lease buyout laws in new mexico? I have a 99 year lease for my mobile home space. The property is in foreclosure.I am 72 years old and got the lease to live out my days. I own the mobile home and 2 buildings. There is no way I can pay the costs of relocation. I received the lease in 1994. What are my options.

I live in New york Nassau county and would like help with foreclosure laws.? I cant afford the mortgage on my rental property anymore and would like to voluntarily foreclose on it. Would the company be able to put a lien on my residential property although co-owned with my wife. Can anyone help with professional advice?

Foreclosure / Deed in Lieu laws in Missouri What will the process be like??? My husband & I have to sell our first house (we already own our new home) . We have been trying to sell this house since the first of the year, we have tried a short sale, rent to own, even just rent, to get out from under two mortgage payments. However, after two years of trying my husband & I just found out we are expecting! Now, we have to let this other house go back to the bank, as there is no other options. All the realestate agents in my area are telling me that sales are down 32 percent from this time last year. I have contacted my lender & told them of my situation, theyre sending me a short sale package, as well as a deed in lieu package. My question is, is there any reason the bank wouldn't accept a deed in lieu? I have no other liens on the property & it is very comparable to the neighborhood. If not, will they have to abide by MO foreclosure laws since that is where the house is lcoated? MO laws - no defficiency judgements are prohibbited (I won't owe the difference)

Can you really buy foreclosure property for no money down? I have been watching late night infomercials claiming you can buy property for less on the dollar and more importantly for zero money down? How is this possible and does it violate any state laws for taking advantage of their situation?

Deficiency Judgments when owners live in different state than property? Does anyone know the exact rules for a deficiency judgment/foreclosure laws in the following instance: Property is owned in VA however the owners are permanent residents of IL. I know that deficiency judgment laws are different for each state and was curious to know how they would be applied when the owners live outside of the property's jurisdiction. Thanks! Thank you all for your help and information! It actually was our primary residence until my husband was transferred to IL last year. We've gone through 30K in savings trying to keep it but now we are completely tapped out. We have renters in the property but they are only able to cover 1/3 of the mortgage. I made an appointment with a Real Estate Lawyer yesterday after posting this question. Thank you all so much for advice! And thanks for the info on the Recourse part as well! I hadn't been able to find that anywhere else.

Maine foreclosure laws - When tenants have to leave? I have relatives who have had their house foreclosed. The public auction is 9/14/06. When do they have to vacate the property?

foreclosure laws of santa rosa county, fl??? we are in foreclosure proceedings with a bank in NY and a realator that specializes in foreclosures based in florida. the bank in NY has hired the realator to secure the property by putting a pad lock on the door denying us access to our property. the bank has assumed that the property has been abondoned. can they legaly break into the house changing the locks without judgment from court and our notification of such. and can they deny us access to our property before the foreclosure date?

Can a homeowner remove small barns and outbuildings from their property during foreclosure in Ohio? and does anyone know where I can find a copy of the actual law online? Thanks!

Can a Fannie Mae HomePath cash investor live on the property if it cannot be leased? I plan to purchase a Fannie Mae Home Path foreclosure property in Detroit, Michigan. I will be paying cash since it is a relatively small amount of money. If I am unable to lease the house to a tenant, can I legally live on the property without penalty? I don't want to break any laws. However, if I can't lease the home, I would like to live in it to cut my expenses.

Which CA laws, if any, benefit adverse possession in the case of foreclosure ? How can squatters lawfully receive bona fide access to an abandoned house, even though property taxes have been paid? (I Opt-Out of receiving targeted advertising in any way, shape, or form.) Can a property be considered abandoned, for legal purposes, when it goes unoccupied for so long that it falls apart? Regardless of where the owner is, or what he's doing, is there any way to reclaim a neighborhood nuisance and improve it?

I have a 80/20 mortgage, i heard that in CA foreclosure the 2nd mortgage has special laws.? I have heard that if the 2nd mortgage was purchased with the home then in foreclosure you can be sued for it but a judge will throw out the case because it is secured by the property. Is this true? something about a HUD-1 statement. I have never refinanced or used the HELOC(2nd mortgage)

Legal: Previous homeowners' rights to retrieve personal property from house after Foreclosure/pending sale? I live in the East San francisco bay area in CA, Contra Costa County. The house I was renting went into foreclosure (reverted to the bank) in october and now that property in is the process of being sold to a member of my family(closing is set for mid- January). The day the House was reverted back to the bank all the locks were changed preventing the ex-landlords to come in and take appliances and other property. Question: what are the laws governing the ex-homeowners' rights to retrieve personal property (not affixed to the house) such as boxes and furniture stored in basement/rental unit? From what I understand, the ex-homeowners were to work with the bank to retrieve their stuff by appointment only during the time the property was bank owned. This wasn't done, and although the house is still bank-owned until sale closing, it doesn't look like they are in a hurry to get their stuff and quite frankly, I am not in a hurry to let them in. However, we want to prevent a lawsuit from the ex-homeowners. Thanks for any light you can shed on this issue.

How can someone claim ownership of property when they paid it off for someone else? In a friends divorce, she was granted the home until disabled son turned 18. She was to pay taxes, he was to pay land payment. He did not pay land payments and property went into foreclosure. His father went on the last possible day before the sale and paid property off. The land was originally purchased by his father, and deeded to him after the divorce proceeding (so the wife couldn't touch ownership). All paperwork sent in originally states her ex-husband was owner of property free and clear of any emcumberances. Within 4 weeks, his father was able to get deed to property from land board stating that he paid property off and it was his.....without signature from his son signing the property over to him. Land board allowed this, then ex-father in law evicted her off property. She was not staying there at the time due to disabled son being on hospice and needing to be close to his hospital. Anyone have a logical explanation of how this might have happened?? Property belonged to her father-in-law originally. He gave property to son after divorce was final. Son did not pay on property that ex-wife was given residential rights to, property had not made it to final point of foreclosure. Father in law paid property off before property was foreclosed upon. That is like me getting to take your house when I paid it off at the last minute before the foreclosure was finalized.

Foreclosure? Sale of home Mar. 3rd should they be off the property prior to that date? The house of my friend goes on the Auction block the 3rd of March. Do they need by Texas law need to be out of the house, and off the property? Thanks.

ohio - deficiency judgement after foreclosure other property at risk? If i quit claim the deed to my other property which is in MINE AND MY COMMON LAW WIFES NAME will the bank come after my other property if i quit claim the deed to her name only. And what are the chances of this happening in ohio.

The the property I live in is now bank owned as a result as a foreclosure. Do I now owe rent to the bank? I have been paying rent to the landlord for the past few months, as I know I should have. Tonight, I found out the bank owns the house. My rent is due tomorrow. I face a Cash for Keys offer or the 90 day option under federal law. In the mean time, do I owe rent to the new owner - the bank?

Is it illegal for landlord to rent a property that is in foreclosure? I live in Florida, and I'd like to rent a townhome, but I found out there is a Lis Pendes on it. I asked the realtor about it, and she says the house is not in foreclosure. She also said the owner is willing to sign an affidavit saying that the house is not in foreclosure. I already signed a contract to lease, but now that I know about the Lien, I am worried that if I move into this house I'd have to move out again soon, in case it does go into foreclosure. Is there a law that says it is illegal to rent a property that is in foreclosure? If I do get an affidavit from the owner, would I be protected in any way?

can I use a common law lien to stop foreclosure? According to YOUTUBE contributors, if one is facing foreclosure they can and some have placed a common law lien on their homes and property to stop foreclosure action by the lender.They will also be entitled to the equity accumulated and will be first in line Sorry, info sought is for the country of New Zealand

What does this mean? (Foreclosure law)? "Any deficiency is also limited to the fair market value of the property." I am researching foreclosure in my state. The above phrase appears under the laws for my state. Does this mean that even if the deficiency between what the bank gets when the house is sold and what we owe is something like $40,000 we can only be required to pay back up to the market value?

Real Estate law regarding foreclosure and tenants rights? First off sorry for the long post but I feel like more details are better than not enough. So I have been living in an apt for 2 years now, rent is around $900 a month. My roommate and I did not have good credit at the time of the signing so they required a double security deposit ($1800) Our lease is expiring and the owner is planning on selling the house (at least that is what we were told). The owner (through a property manager) offered us a reduced rent for signing a month to month lease ($500). I received this "lease" and realized all it is, is an addendum to the original lease. The first page it titled...."Property foreclosure disclosure agreement" Now the property manager did mention that the house may be going into foreclosure that I am fine with. Most of this paper that they want us to sign is informing us that it may be termed early and we have to pay for any costs associated with moving, however, the last paragraph "security deposit and/or advance rent" scares me. It starts as follows: Tenant agrees that the security deposit and/or advanced rent, if any, shall be processed by property manager or owner as per terms of the lease, and tenant agrees that such security deposit and/or last month's rent, if any, may be transferred to the current or the new property owner or property manager at the sold discretion of the property manager, and the tenant holds property manager harmless for any loss of the security deposit, if any. Tenant understands that the security deposit may be at risk in the event of a foreclosure or in the event the monies are transferred to the Owner or new owner. Then at the very bottom in bold: All provisions of the lease shall apply unless in conflict with this addendum in which case this addendum shall apply. I feel like by signing this paper.... which isn't even really a lease... all I am doing is signing away my right to get back my security deposit. Is this a normal legal paragraph? Or should I refuse to sign this? Any help on this matter would be greatly appreciated. My roommate and I have been great tenants always have paid on time maybe a day or 2 late twice in 2 years we have taken great care of the house and literally in 2 years have not needed any work done. My bro-in-law is a mortgage broker and I had him look up the property and we found a couple things odd. First the owner took out a 2nd home mortgage to get this property. I would think it should be an investment property if the owner is renting the property. Also we found out that the condo is not even listed as for sale.... However we have had 2 or 3 people come to look at it with a real estate agent. Please help! Yeah, was asking for answers not a link, and that is the sketchiest website I have ever seen....

Property On the Brink of Foreclosure? In spring 2004, a person a know bought a house by signing a contract to that person who sold the place. Well, most recently, that person had a notice that some law firm threatened to foreclose the property as a result of the person who sold it to them was in default of the payments (nearly $11,000) and had owed a substantial amount of property taxes to the county in which it was not paid in more than 17 years (that's a long time). The person who bought the property from the person who sold it wants to work out with the law firm to buy the property before it auctions in a month to buy the place but needs a loan but her credit rating is terrible and had been paying the house payments for it every month since buying it and had worked so hard to keep this place from foreclosing. Had some trees planted as well. She also wanted to find out the bank/lending company which had been financed by so maybe that person who bought the property can take over the payments from the person who sold it after like I said had worked hard to prevent foreclosure. That person had nearly a month to work out a plan to save the property or it is auctioned. What can be done to save it? Neither the law firm or the person who sold the place to the person I know has not returned calls.

Protecting Tenants at Foreclosure Act after property is resold? The building I rent has gone through foreclosure. I have been paying rent, on time and in full, to the company assigned by the bank to collect it. The building has been sold by the receiving bank, the new owners use the same management company as the bank. We have been given a 15 day notice to quit, the new owner wants to gut and remodel the units. I told the manager when he gave me the notice that the Protecting Tenants Act requires 90 days notice, he told me it does not apply if the property is sold to a new owner. Is this correct? It has not been 90 days since the foreclosure. Is there any other protection under Pennsylvania law? Also, since I ahve already paid rent for this month, should I get a refund on part of the rent. It seems unfair to accept my rent for 30 days, then hand me a 15 day notice.

Is the home owner responsible for the unpaid real estate tax on foreclosed property? My short sale buyer withdrew their intention to buy my property for the it's been over 5 months now and the lender still have to process my application to sell said property. Now, am facing foreclosure. Am I obligated to pay the real estate tax not covered by the escrow account? By law, what are the other incidental expenses that I have to pay.

How many times can a house go up for foreclosure? Ok I know of a person who has had there house up for foreclosure three with in a year now.Well the next sale is on for Jan. 2nd. I am curious to see how many times it can go up. The property is in Wisconsin and I am going to do some searches on laws. But when we got ready to go to the sale at the last minute the foreclosure was canceled. So how do they keep saving themselves?

Avoiding foreclosure for a Las Vegas rental property. The home owner's association will no longer let me rent.? I own a home in Las Vegas which i have as a rental property. I live in NY where I rent an apartment. The property was bought with the intention to rent it. After purchasing the home I was made aware that I cannot rent the property out without board approval. My ARM was up last year, my payments have increased and now that my most recent tenant moved due to being laid off, the board is telling me that I have to go on a waiting list to be approved to rent my property again!!. My home is now vacant. I am losing lots of money. I want to avoid foreclosure. Is there any way that the home owner's association board can be forced to allow me to rent if that would keep me from foreclosing? Are there any laws that may help me avoid foreclosing by allowing me to rent the property? Please help!

Rental in foreclosure/property transferred into Managment Co. Owner Name? We have been renting a property through a Property Management Company, we received a notice from a mortgage co that the owner has not paid the mortgage in 6 mos. (we have always paid our rent on time to the Property Management Co.) A real estate agent I know looked up the title for the property and it was transferred from the owner to the owner of the management co in March, the last time a payment was made. What kind of game is this guy playing? He claimed to have no knowledge that payments hadn't been made when we contacted him. Would appreciate any info from someone knowledgeable in real estate law.

New Bankruptcy Laws and Salary limits? I am planning on filing Chapter 7 bankruptcy due to a failed business and a foreclosure on investment property. Total debt is 190K and my total household income for a family of 3 is also 190K. I am wondering if I am have too much income per the new bankruptcy laws. I would like to avoid chap 7 but I can not afford this additional debt. Please keep in mind the 190K is the debt for the failed business expenses. This does not include my actual debt which includes my current home, auto, living expenses, etc

Can someone put a common law lein on your property if you are in foreclosure or in a Chapter 13 bankruptcy?

Can you quit claim a property back to the bank who has the current mortgage on it? In my line of work, I was asked this question..borrower resides in a state where it takes nearly three years to complete an actual foreclosure even if the borrower files BK..borrower is still on deed until foreclosure is complete and although have no financial obligations ...remain responsible for upkeep and nuisance laws and can actually have a warrant issued for non compliance of upkeep...customer wants to know why he cannot just quit claim the property back to the lender and file it?

foreclosure help? does anyone know in the foreclosure laws in Missouri if they can take your personal property in your home or garage when mortgage company forecloses on you

What are the Virginia laws in regards to foreclosures? Can the lender come after your other assets? I have an investment property that I can no longer make payments on and wanted to see if the lender can come after my salary, 401k, etc. in Virginia if I walk away from the house.

Questions about buying a foreclosure home in San Diego.? I live in Michigan and have been drooling over the foreclosures in Ocean Beach, CA. I’m just scared of the property tax. How do I find out what the property tax is in San Diego? Their .gov site doesn’t tell me anything. I don’t want to commit to a realtor until I get more information. What are the foreclosure laws in CA.? I do plan on seeing the place before getting serious and my hubby can fix it up himself. My daughter lives in OB and I can put it in her name to take care of the residency issues. I would love to be able to buy her a place and let her rent out the extra room. Any help is greatly appreciated.

When you buy a foreclosure and have to pay all previous HOA dues of previous owner due you Think it's fair? Im not an attorney Mortgage companies, when properties are sold at Foreclosures, pay 6-12 of past dues but consumers are legislated by law to pay all back dues in Florida. Is this a form of discrimination or not? I can't find any case law where it's been challenged. It would make a good case for any attorney that's up to the challenge.

What is statute of limitations in Ohio for deficiency judgment from foreclosure on investment property? I'm trying to determine how long a creditor can come after you for a deficiency judgment if you've had a foreclsoure on an investment home in Ohio. I found Ohio Revised Code 2329.08 (see below). Any thoughts? I am having trouble interpreting the grouping of the OR's in the law. Not sure if one had to live in the property themselves for some time. Thanks. 2329.08 Limitation of enforcement of deficiency judgment - waiver - pending actions. Any judgment for money rendered in a court of record in this state upon any indebtedness which is secured or evidenced by a mortgage, or other instrument in the nature of a mortgage, on real property or any interest therein, upon which real property there has been located a dwelling or dwellings for not more than two families which has been used in whole or in part as a home or farm dwelling or which at any time was held as a homestead by the person who executed or assumed such mortgage or other instrument, or which has been held by such person as a homesite, shall be unenforceable as to any deficiency remaining due thereon, after the expiration of two years from the date of the confirmation of any judicial sale of such property completed subsequent to the rendition of such judgment. Any execution issued upon such judgment, or any action or proceeding in aid of execution, or in the nature thereof, or to marshal liens, commenced prior to the expiration of such two year period, shall not be affected by this section. This section does not affect any action or proceeding in the nature of a creditor’s bill, commenced within such two year period, to subject the interest of the judgment debtor in any property owned at the date of such judgment and concealed with intent to hinder, delay, or defraud creditors.

Rental Property on Foreclosures? I recently bought a condo and found out after that the Culligan water softener was not purchased from the previous owner (it was rented). Since Culligan did not put a lean against the property for their water softener, is this my water softener now or theirs? I do not know the laws on rental property. My mother wants someone to call Culligan and tell them they can pick the softener up if they trade us 3 salt bags. What do you think of this?

If we foreclose on a property but own a 2nd property in CA, can it go against my first property.? My mother in law owns the house that my husband and I live in. We are in the process of foreclosing. I know once the foreclosure is complete it will hurt her credit. But, will it also affect the property that she currently lives in? Also, since my father in law and mother in laws names are on their 1st property, should my mother in law have her name taken off the loan?

Why did we receive a 1099-misc from the law firm that handled our foreclosure? We understandably received a 1099-A (Acquisition or Abandonment of Secured Property) from the Freddie Mac on behalf of our mortgage company. But, why did we receive a 1099-misc (miscellaneous Income) for "Non-employee compensation" from the law firm that handled it?

Please only answer if you know real estate law and foreclosure issues? If a servicing company bought a foreclosure property and then sold it at an auction, would the title need to be cleared first, paying off both the first and second mortgage? If not, why not, if so, how can I be sure? I had a second mortgage on a property that sold without paying me off! The second was a "free standing" loan, however it was considered a second mortgage and was listed on the county records as part of the original sale before going into foreclosure, does this mean that I could go after the original buyers of my home, because it was listed as free standing? Thanks!

regarding new hampshire foreclosure law... does a defalutee bowwerer get the blance of a sale after fees paid in New hampshire, does a borrower who has defaulted get to keep the balance (after the defaulted loan and fees are paid) on a foreclosed property? In other words, if the balance on the defaulted loan is $50,000 plus $5,000 in fees and at the forclosure auction, thge property goes for $100,000... does the bank get $55,000 and the borrower get $45,000?? Or does the bank get the entire $100,000??? THANKS.

How to do a smart foreclosure that there is no deficiency amount in the process as per California laws? My wife lost her income, and we can no longer make mortgage payments. I have 2 loans on my property. (loan 1 = 460,000 and Loan 2 = 60K). Loan 1 is a purchase loan, and loan 2 is a refinanced loan. Current property value is 320,000. I have been advised by a friend that if I stop making payments on the second loan, they would foreclose my house, and cannot come after me for the deficiency amount, and the laws of California would stop the first loan to go after me for the deficiency amount. Is that true ? Would it be the same for an investment property where I have a first loan of 280,000 and the heloc of 60,000. The property value currently is at 215,000 My friend's attorney told him that. Should I take his words on that, or how could I validate this information. Any web site ? Any other blog ? Help would be really appreciated thank you

Property Encroachment issue? I recently purchased a lot in louisiana in April of 2010 from a bank foreclosure, the bank noted that there was a property encroachment. The encroachment was a metal garage canopy top with a cement pad which has only been there for 5 years. The encroached neighbor claims that his mother-in-law gave him permissionn to build on the adajacent lot that she owned at the time (now my lot) and to use the existing gravel driveway that he claims has been there for 50 years, (driveway). The bank has now foreclosed on the mother-in-laws property which I now own. The foreclosing bank conducted a survey in March 2010 and the survey shows the whole driveway and half of the canopy are on my lot. Upon purchase date the bank and I contacted him and requested the encroachments be moved. 5 months later still nothing. What are my rights in this situation? Does he have to move the encroachments since I am the new landowner? or does the non legal agreement between him and his mother-in-law hold any weight? Does he have any legal rights to my land that he encroached? Please list your expertise with your answer.

Need advice on ideas for investment property in SC? I am in a tough spot and could use some advice. I own 2 condos in the Hilton Head Island area. I bought them 2 years ago with 100% financing and no interest loans to rent out and hopefully then sell by now. We really didn't overextend ourselves early on, but my wife cannot find a job now and the rent doesn't cover the costs of owning and our savings has dwindled to not enough to cover the costs for much longer. 1. Does anybody know the foreclosure laws on SC to know if they can recover the different in sale price? If we foreclose, we owe 100%, so I am sure it won't sell for that amount. Has anybody heard of the lender making a deal beforehand for how much they could recover? Such as if we agree to pay off the HELOC for the 20% they don't try to recover anything else. 2. I have a friend that deals with rental properties and would possibly agree to take them on,but neither of us has the cash to refinance. Has anybody heard of the lenders allowing someone to assume the loan?

What does this mean under tenant rights? When property is sold in foreclosure state law provides that a tenant in possession of a rental housing unit at the time a property is sold in foreclosure shall be given 60 days’ written notice to quit before the tenant may be removed from the property. *****However, if your lease was signed before the deed of trust or mortgage was recorded, your lease will not be set aside by the foreclosure.***** (what does this part mean?)

If a property is in an open bankruptcy, will sale of property benefit owner or all money go to bankruptcy? I want to buy a small lot in a resort. The resort filed foreclosure for non-payment of dues not knowing (or checking to see), property has a mortgage. Currently deed is in resorts' name, meanwhile, owner of property has filed bankruptcy. If I buy property from owner, will any amt. over loan balance go to bankruptcy or to property owner? Or, can I even legally buy this property? Is there a way to find loan balance since bank can't give out info. due to privacy laws?

Has any laws been broken? Foreclosed property and the property tax lien? I recently pulled a credit report and discovered that I have a property tax lien against me. I lost my home due to financial hardship in early 07. The property was sold about 6 months after the bank took it back. Question is should the property tax be paid by the bank when they sold the foreclosure?

is there any law that states a bank cant short sale a property to a family member? A friend's home is in jeopardy of foreclosure and he is trying to divorce his wife who lives in the home. Their daughter wants to purchase the home through short sale but Bank of America told her it cant be short sale to a family member. Is that just a company policy or a law and is there a way around it?

HUNDREDS listed in local newspaper each year for late PROPERTY TAX payments. Isnt this invasion of privacy? My aunt lives in a county in the state of North Carolina where everyone names are published in the local newspaper if their property taxes aren't paid by a certain date in March. Tax Office use to do this in April. Many of these people are not behind on their property payments, but just havent paid them yet. Isn't this method of public humiliation breaking these citizens privacy rights I dont know of any other county that use such method to try and make people paid their taxes in a timely matter. Yes, they do add late fees as well, she says. That is understandable. But to send an exposed card in the US mail stating that if property owner(s) doesnt pay by such and such date their names and what taxes they own will be published in the local newspaper seems illegal. Is this county breaking the law? What are the citizens rights when it comes to the law of property tax protection? *Please note that this question is NOT about foreclosure on owner's property because of non-paying taxes.

Can a bank legally charge more than the foreclosed price on a mortgage foreclosure deed? I am dealing with a bank in Alabama about some property. The mortgage foreclosure deed stated $30,000. The bank has completed the foreclosure and they do not want to disclose a selling price, they want street value with their own appraiser. If the street value is more can they get that legally? I was told that they could not sell for more than the foreclosure price on the foreclosure deed and any fees incurred for the foreclosure. Could someone please advise what some laws are and how to get this property for the foreclosed amount. Thanks very much for your responses.

Can the 2nd mortgage company sue me for deficiency upon foreclosure? I am in the process of foreclosing my house along with 2 rental homes in AZ. I understand that the anti deficiency law protects my assets. However, can and will the 2nd mortgage company sue me or put a lien on my other property/asset for the deficiency? Is there anyway to protect myself?

In the state of Georgia, what are my rights if the property I am renting is in foreclosure? I have been renting a home for 28 months and paying on time for all of these months and just got a letter saying the house I am living in has been sold on the courthouse steps. I called the number on the letter (sent from a law firm) for more information and was told that I have 3 weeks to get out. I have 2 and 1/2 years of life in this house–all kinds of furniture, appliances, just stuff that I now have to find a place for, let alone a new home! I have been told that in GA I should have more time to vacate the premises. Someone has mentioned a 90 day law of some kind? Does anyone know if this is true? Please point me in the right direction of what I can do. I work 65 hours a week and am trying to juggle all of this at once. I don’t mind vacating the property for the new owners (a bank), but need more than 3 weeks to do so. If you have an informed answer that pertains to the state of Georgia that would be great. Also, a link to back it up would be helpful! Thanks!

How do I get my how out of foreclosure? My sister-in-law has control over my mother-in-law's estate. My husband and I have been living in the home and paying my sister-in-law the morgage. She was to give that money to the bank. We just found out that she HAS NOT been paying the morgage and the bank is forclosing and in little less of a month we must vacate the property. How can we save our home?

California Foreclosure Question - 2011? I live in California and I am thinking of letting the bank foreclose on my house ("walk away"). I've read the pertinent information regarding foreclosure law in California: - California Code of Civil Procedure 580b (applies to me) - The Mortgage Forgiveness Debt Relief Act and Debt Cancellation (applies to me) - California Mortgage Forgiveness Debt Relief Act (extended to 2013, applies to me) My situation details: - Obtained an 80/10/10 ARM ($480K/$60K/$60K) from Countrywide (now BofA) for a $600K house in 10/2005. All "purchase-money" loan. Never refinanced, no cash-outs and actually paid $40K on HELOC). - It's my main and only property, and I've lived in it since I bought it. - The house is worth about $400K, so actual amount of forgiven debt will be about $100K-$150K (depending on what bank gets on sale). - Current modification application with BofA "pending review" for the past 4 months. - I could keep making payments, and could actually pay off the entire loan ($1million in separate assets). - I'll either buy a house with a new loan prior to foreclosing on this one, or pay cash for one if I wait after the foreclosure (should be around $400K). I will most likely hire a foreclosure attorney just to be safe, but even if I don't I just wanted to see if the only adverse effect will be my credit rating. From all I have read, I should be in the clear: no deficiencies, and possibly be able to stay in the house about 6-months after I stop making payments (due to California's foreclosure timeline/laws). But I want confirmation about any gotchas I may have overlooked. Any hidden fees, etc. If you've gone through the process in California recently (2009/2010), any unexpected issues? Thanks.

what rights do I have as a tenant of a property that has been foreclosed? My husband and I just signed a 1 year lease. Paid 1st, last month and 2 months worth of security deposit (We have dogs). We have lived here for about 2 weeks and received a letter in the mail today from a law firm stating the house was being sold at auction due to foreclosure on November 4th. Where do we stand? What happens to us? And the money we paid?

In the state of California, when is it necessary to register/record a lease for rental property? We are tenants in a home with a One year lease that isn't up until next March but recently someone told us our lease isn't valid unless we have it registered. The place we are living recently went into Foreclosure and we need to make sure we are protected under the new law Obama passed. Is this true, is our lease invalid?

foreclosure and it effects? what are the laws for foreclosure in florida? Lets say I have the means to pay the mortgage but don't feel I want to throw anymore money away on the property. What can happen?

After closing escrow with a Deed in Lieu of Foreclosure, the previous owner demands 90 more days? owner says she, her boyfriend, her 13 year old daughter & her 71 year old mother by law are entitled to stay another 90 days, because she had lived on the property for 10 years. What can we do to get them off now.

Need help in understanding how to read foreclosure listings at the courthouse? I have been up to the courthouse twice and still have a hard time figuring them out.They list an amount and I assume that is what they either want to get out of the property or is that what is owed on the property.Also how do you contact someone about these.They have a law office usually listed but they dont seem to be of any help.Can they not give out that info?What is the best way to find a contact person on these listings..Thanks for any help you can give me on understanding this paperwork..

My mother in law wanted us to leave the property where we live with my daughter and I. What is my right? Its been 2 years that my husband left me, and now i knew from somebody he has another woman.This property was foreclosure in the bank before, my brother rescue it, now they paid back after a lots of years went by. We went to the court to get my brothers'money back from my mother in-law.Now it's done and wanted us to leave, me and my daughter. I asked her, to give us until my daughter graduate from high school, for her granddaughter's sake. Please advice me what to do. I'd like to add: I am from the Philippines and as well, this property is now under the name of his other son, she is only having the power of attorney coz her son is not in my place. Add: FOr the past 2 years, my husband did not give support for my daughter, and I am still his wife.

Does anyone know any canadian case law in re to property transfer? I'm going through a horrible divorce.. ex-husband and I had joint debt of 260.000, i stayed in the house with the kids, was a stay at home mom, foreclosure commenced, the debt was secured line of credit, I was forced to pay this off, he signed a court order on consent that he transferred his interest of the matrimonial home once the debt was paid he told the judge that he did not intend to transfer equity please please please help!!!!

If a house is going in foreclosure, why not sell to a relative for a cheap amount? My sister in law bought a house for $270,000 a few years ago. She recently divorced and can't make the payments because the property is worth $150,000 according to the county's tax value. Can she sell it to me (relative through marriage) for $150,000 even though she owes more than that amount? Tell me what you think

What are some of the best ways to protect personal assets in California? To make long story short, I’m facing a possible foreclosure on my first primary residential property in California. It’s a money purchase loan and it has never been refinanced. Due to the current California laws, I’m protected under what is called “anti-deficiency” law meaning once the bank foreclosed the property; they are not allowed to come after me for the balance that didn’t satisfy the loan balance after the sale of the auction. I want to be sure that my small personal assets are shielded from other unseen circumstances so here’s my question: I purchased a small residential parcel lot back in 2003 at a fairly cheap price in California using an owner financing agreement and it will be paid off next month. The grant deed will then be transferred onto my name and gets recorded with the county. What are the best strategic ways to transfer the title to me without the possibility of losing this property in case I get sue. The current value of this parcel lot is at around $45k. I don’t

Foreclosure on house- How can I be liable? I divorced almost ten years ago & my ex kept the house. He refinanced the property under his own name. Our joint loan is showing as closed; paid as required, zero balance. I have now been served papers and being sued because the current lien holder is placing the property into foreclosure. I am not a party on that loan (The former mortgage lender is listed as well in the suit). The law firm that served me has advised I must get an attorney or my credit is going to get messed up. How can this be?????? What steps did I miss during our divorce that could cause this? Any advice would be helpful. Thanks for all the help so far. I did sign a Quit Claim deed. I have taken your advice & contacted the county Register of Deeds office to see what they are showing and am waiting on answers. On-line tax shows only his name at this point. I checked my credit report and there is nothing there yet and nothing showing any tie to the property except the old mortgage that shows closed & ok. Still freaked out but feel a little better. Just angry that I have to get an attorney for something that should have been handled already. I appreciate everyone's input immensely!

During a deed-in-leiu of foreclosure, the bank is demanding money.? We have been approved for a deed-in-leiu of foreclosure on a property in Arizona. We have the documents giving up our rights for the home. In addition to that the bank sent us a note for $25,000. Claiming it is for the mortgage insurance. There is an anti-deficiency law in AZ stating that the lender cannot come after the borrower for any deficiencies (losses). I am wondering if they are just trying to get their money back by hoping I dont' know the laws. Or avoiding having to sue me later for it- Which wouldn't be worth the court costs. If I had the 25G in the first place, I would have just sold the house for $25,000 less. -stupid bank- My question is if this request for the loan is legit. And if not, what should I tell the bank when I don't approve it. Thanks all! Also, we are not in the finantial position for a lawyer. We are military. We were in AZ where we bought the home. We got restationed in North Carolina. We tried to sell the AZ home and after a year we couldn't and decided to do this instead of a foreclosure. Paying both a mortgage and rent out of pocket have eaten away at our savings. We make 33,000 a year. We don't have the money for a lawyer anymore.

Does a tenant have to move right away if rented home is sold in a court foreclosure sale? There is a new law that President Obama signed in effect on May 20, 2009 - S.896,P.L.111-22, - nationwide 90 day pre-eviction notice requirement for tenants in foreclosed properties.

Buying government tax-foreclosure properties at pennies to the dollar? How is it possible that infomercials state that properties that government tax- fore-closure properties are selling for literally 2 or 300 dollars online?....This obviously cannot be true but how can they get away with making such sensational and impossible claims? Doesnt that break some better business bureau law somewhere? Are there any elements to this idea that are true? What is and what isnt? Can you buy a house that is in the final step of foreclosure like you see on web sites like trulia.com for only a coupl thousand or so for 3 bedroom nice houses?...How does this work, how do you buy a house that went into total foreclosure scott-free? I would apreciate any advice about investing in houses with out huge amonts of money down or even good credit..Thanx everyone :) Are house auctions the only way to really buy houses at a discont price? And where and when do houses get sold cheaply at auctions?

Foreclosure Help: my options list? My grandmother is currently in foreclosure and she's trying to do a loan moddification via her loan company saxon mortgage, and if we are approved for the loan moddification, we need to pay $2,500-3,000 toward our escrow and pay lawyers fee's(or most of lawyers fee's). then we can have our interest rate lowered, as well as our payment. and whatever payments that we are behind as of now, will be placed at the end of our loan....and no more FORECLOSURE!!!...... We also have an option to go with a forclosure lawyer, here's the email the lawyer sent me: Robert, Nice speaking with you today. As we discussed, the Foreclosure Defense Law Center specializes in stopping foreclosure and modifying your loan. We are a law firm with a team of loss mitigation negotiators and loan modification attorneys. (www.foreclosuredefenselawcenter.us) The first step in the loan modification process is for our legal team to review your information to determine if we can help you in your situation. Also, if you have a copy of your original loan documents (RESPA/TIL), we can conduct a forensic audit to see if you were a victim of any predatory lending. If these documents are available, please fax back to us at fax #786 345-5809. My contact information is toll free #888 572-8387 x323, or email jhopkins@foreclosuredefenselawcenter.us. Thanks again and I look forward to speaking with you soon. Jim Hopkins Foreclosure Defense Law Center Tel # 954 990-1599 Fax # 786 345-5809 jhopkins@foreclosuredefenselawcenter.us Company Website: www.foreclosuredefenselawcenter.us The Electronic Communications Privacy Act covers this electronic transmitted message, 18 U.S.C. Sections 2510-2521. The information and intellectual properties contained in this transmission are confidential and intended only for use of the individual named above and are not to be reproduced or given to other parties. If the reader of this message is not the intended recipient you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error or there are any problems please notify the originator immediately. The unauthorized use, disclosure, copying or alteration of this message and included documents is strictly forbidden............... They require a $2,000 retainer but they say that they will hold the money in an escrow account until the 45 day loan moddification is finished between the attorney and Saxon, they claim that they can 100% take care of the whole process and make sure that we won't have to pay the up front costs to Saxon and get our loan current and fixxed. The say that the process is 45 days and would freeze our forclosure so we would not be evicted and they will solve our problems..........Help please with advice!!!!!

State of Washington is attempting to evict my mother from a property she owns. Can they do that? In July 2000, my mother and grandmother purchased a townhouse for $93,000. In order for my mother to quality for the loan, the loan officer at the bank recommended that my mother included my grandmother’s SSI income, which she did and eventually qualified for the loan. For the next 6 years, my mother paid the mortgage payment and in early January, 2006, my grandmother lost her battle with ovarian cancer and died. Eight months later after my grandmother’s death, my mother and I received a letter from State of Washington, Department of Social and Health Services, stating a potential interest in our property to satisfy medical assistance that was provided to my grandmother over the years in the amount of $195,478.48. My mother decided to hire an attorney that promised to resolve this matter and she paid him $2,000.00 dollars but he eventually end up asking for more money and she paid him additional $2,000.00 dollars, he gave up on the case and asked for more money. Last week, we received a letter from State of Washington (DSHS) stating that if the amount is not fully paid by 02/28/2009, they may possibly enforce sale of the property and/or foreclosure. Since my mother and grandmother are both on the title and mortgage, my mother has always been listed as the primary holder of the property. I don’t know how else to help my mother. She was basically robbed by this Russian attorney. And the reason she went to a Russian attorney was because she doesn’t speak English fluently and he was licensed to practice law in state of Washington. After 8 years, the property is not even worth the requested balance by DSHS. What initiatives can my mother take to dispute the DSHS? My mother is ready to abandon the property and have it go under foreclosure. Any advice would be really appreciated.

after foreclosure of home does new owner have to give previous owner time to vacate? Missouri law gives lender 21 days to notify that property being foreclosed and date and time. This doens't give time to find another place to live and want to know any legal information that gives me previous owner to vacate once sale complete

If I refinance my home to cash out equity and end up foreclosing in the future, what can happen to me? I like many others am in financial trouble and am having problems paying my mortgage. I'm thinking about refinancing my home (for no more than it's current market value) and taking my equity so I can pay off my car and a credit card. If I do that, and still end up facing foreclosure in the future - what can happen to me besides having my credit ruined? I live in Arizona - the law here states that - "A lender may not bring a deficiency suit against a person who lost a property that is 2.5 acres or less at a foreclosure provided the property is a single one-family or a single two-family dwelling." I fall into that catagory. Basicly, I'm wondering about future pit-falls if the worst case scenerio happens and I do end up foreclosing after I do a cash-out refi.

I purchased purchased my home in 2000. The deed reads married woman as sole and seperate property.? My husband filed a quit claim when I bought the home. In 2005 , my husband co signed for my father in law when he refinanced his home. They are now facing foreclosure, since california is a community property state, can the lender on the foreclosed home attach my wages and come after my home????

Maine Real Estate Foreclosure auction? ok so here is the situation, a friend of mine is going thru the foreclosure process and his property is scheduled for auction on June 19th, 08. There are a lot of holes in the process (legally) as far as our state laws go and I think that he is being taken advantage of. He signed a contract with the auction company but the fees are being paid by the bank's representative. He was not notified in writing about the time/date of the auction. Not even sure if they have actually advertised a public notice of the sale which they are supposed to do per the state laws here unless that was waved because he signed a contract with the auction company. Could he stop the process right now seeing that he signed the contract and make the bank start the process sort of over as far as the auction end of things. I'm thinking that he would have the right to cancel the auction cuz he signed the contract but im not sure. Obviously this would most likely make the bank unhappy and he may be forced out sooner

In California, can a person who lost their home to foreclosure buy it back from the next owner? I am told that this is the case in the state of Washington. The previous owner who lost it in foreclosure has up to one year to buy it back for what the new owner paid for it. The new owner HAS to sell it back for that price! I want to buy foreclosure properties in California and flip them, but don't want to put a bunch into it and have to sell it to the previous owner at a loss. Does California have this law? Guess I have to state this. I am NOT asking for free legal advice, nor am I asking what such a law states if it exists. I am ONLY asking does anyone know if there is such a law in California, that's all!

FL Law, Who Can Put A Lien on Property? I was given money from a family member for a condo purchase. Have a 1st, 2nd and no liens on the property. If my family member places a lien (can they) for the money given for deposit will they be paid in the event of foreclosure?

real state law question. Foreclosure timetable.? My uncle's landlord has stopped making payments on the house that he rents from her. She told him that the house is being foreclosed and that he can live there for free until the bank evicts him. By his calculations she stopped paying about 4 to 5 months ago. Wanting to take advantage of the offer he needs to know how long will it take for him to get evicted. And will there be any kind of notice before he gets evicted posted on the house giving him an estimated time so he could plan his next move. The landlord has moved and she won't give him notice. Will there be some sort of comunication with the person that actually lives there about the timetable to leave. And again about how long is the process for the bank to actually evict whoever lives on a foreclosed property.

Parents-in-laws let their oldest son + wife move in? Recently we received the news that my husband's oldest brother moved in with his wife to my parents-in-laws' house. A friend who lives close by told us that my brother-in-law lost his house to foreclosure (he can never manage his bills) and then my parents-in-law let them move in with them. My parents-in-law moved into their travel trailer beside the house so that my brother-in-law could be there with his wife (oh boy!). We are talking about a 39 yr old man now. They own 13 acres in a rural part of FL, and the house is very big. This friend also told me that they are supposed to buy the house off of them. This sounds very fishy because if the guy lost his 84K house, how can he afford a 250K house in a 13 acre property? Weird, aint it? This family has a history of always protecting and giving everything to their oldest son. My husband, who is the youngest, and the middle brother get nothing. We went through some hard times and they never offered to help us with anything. Is it fair? It's not so much the material help sometimes... they could sometimes call to see if we are ok. At least for their son's sake! When we bought our house March of last yr, they never even sent us a card! It's like they care less...

"Must be pre-qualified through Countrywide first then you can use the lender of your choice" I'm seeing a lot of bank owned foreclosure properties on the MLS now that say all buyers must be pre-qualified through Countrywide before they will consider any offer - but you can use the lender of your choice. Does that break any laws? Shouldn't you be able to present an offer with another lender's pre-qualification letter.

MIL's house in Preforclosure, our name is on the deed, will it affect us? One of my mother-in-law's investment properties is in pre-foreclosure. My husband and I are both on the deed but we are not on the mortgage at all. Will this affect our credit? Is it too late to file a quit claim deed?

Home foreclosure and the law? We filed for bankruptcy last year and let the house go with it. We had the 6 month period to reclaim it, yadda yadda... which ended Dec 4. We started moving out of the house in August and shortly after, I guess the bank sent someone out to determine that we weren't residing there, the bank had someone literally break the doors down and installed new locks so we can't get in. We still have stuff in the house that we'd like to get back and have never received any notification in writing that the bank had repossessed the property. We still haven't. We called the bank and someone was supposed to call us back about getting in there to get our stuff, but of course they haven't called back and probably won't. The city still holds us with legal ownership, we still get tax bills from the city in our name. My question is, could we get into any trouble, technically, if we broke into our own house to get our things? but they didn't give us 6 months. they changed the locks before the 6 months. that's my question... and we weren't in foreclosure before the bankruptcy.

I have been denied access to my property and its contents? I have been denied access to my property by the non paying tenant of 10 months , the NY state police ,and a county court judge. Tenant says he owns property,but has not paid rent in 10 months ,State police tell me I can't go on property. Greene County judge Dan lalor also has denied access to my residence . I cannot find pro bono attorney as this tenant has deprived me of all financial assets . and now resorts to contacting my creditors to further destroy me.This was my primary residence.He has damaged property ,sold personnal assets.Threatened harm to me and potential buyers. Threatened to burn down the home. Continual dilatory tactics to keep this in court to force us into foreclosure.I am financially ruined because of this . We are homeless & destitute while the laws of NY state deprive us of home property and well being.We paid $2000. month mtg for someone else to live.home is now going to foreclosure.State agencies,this is clearly violation of rights & no one gives a damn

Does foreclosure mean they can take other properties from you?? My mother-in-law owns 2 houses in southern Florida…the main one she lives in and the investment one she bought several towns over 2 years ago. The second one that she owns and had been renting out is now empty and she can no longer afford the payments. She has been to see her mortgage bank and they told her that it is only after she is 60 days late on payments they have to “do something about the situation.” We have been talking and talking for days now and she has decided that the only viable road left open to her is a Foreclosure. She has asked me for information about it and I do not know about Foreclosures. Does anyone know if her main house – the one she lives in and maintains a Homestead exemption on – can be taken from her if she Forecloses on the second one? Does anyone have any real information about this? Please do NOT respond with advice, about loans, business opportunities, money-making schemes, etc. I really just need Foreclosure information. Thanks very much.

Will an insurance company insure our home if there is a unpermitted cottage? I'm in the process of buying a foreclosure home (Saratoga,CA, can't transfer the insurance since it has already lapsed) that has a detached unpermitted cottage (2 bedrooms, kitchen, bathroom and living room total of 900 sq ft), the main home also has a unpermitted converted garage that is used as a in law quarter (separate entrance and full bathroom), it also has a unpermitted sun room too. I really love the home and tried looking for home insurance but it looks like no one will insure me. Is there anyway I can get insured for this property without having to lie about these unpermitted additions to the insurance company? Any advice would be appreciated and any suggestions which insurance company would insure me for a reasonable price. Thank you in advance.

bankruptcy to save foreclosure in corpus christi,tx? i am going to see a lawyer to try to stop my foreclosure tomorrow . my end date is july 3,2007. if i have loans that i am not the primary account holder do i need to take those to show the lawyer as well or do they not count to file. if by any chance i get a petition from the lawyer to the court by the end of day tomorrow will it stop the sale of my property the next day. people in my city are waiting for my house to forfeit. that sucks because i put alot of money to it. i am trying to sell the property to make a profit and bankruptcy is my last resort to pocket something. if i read correctly texas law states the courts can only take profit money only if i exceed over 15,000.00 in profit to satifsy my lenders . is this true... please help tomorrow will be a long day of ass kissing

California Forclosure Laws"? My friends uncle is in a situation. He is a Spanish speaking man who lets his wife pay the bills. Last weekend, the local newspaper listed a foreclosure notice in the paper for the property. When he found out, he told his wife about the notice. His wife, told him it was a mistake and she'd call the lender to confirm it. She told him it was an error and that the house wasn't being foreclosed on. I believe the house is being foreclosed on. The auction is set for nov, 22nd. How can this be fixed? My friend's uncle has the money to come current on the loan, what steps must be taken? I am not looking for answers that talk bs about my friend, I need to find out how my friend can get his uncles house saved. Please answer ASAP! my friends uncle has no time to waste!!!!

Why Is It So Easy For Banks To Go To Court & Foreclose On Property Loans In The USA? A friend of mine is on the verge of losing his home for the sake of some $25,000 USD debt ( about five payments on his mortgage, he had a bad trading year last year, didnt everyone?) BankOne in Florida went to court and got a judge to award foreclosure in days, how come USA families can so easily lose their homes ? in the United Kingdom, this "house repossession" is an absolute "last resort", the U.K the courts do not allow families to lose homes so easily. I am disgusted at the situation there in the USA. The laws need to be changed, may pal and his wife/kids are worried sick and we are trying to help him! does anyone know a good lawyer whom specialises in Foreclosure ? Wait a minute! The answers here show lack of understanding of the situation, the man owes 5 payments, thats $5 grand a month, if he was so irresponsible and could not afford the mortgage, he would not have that house in the first place! after 5 missed payments his house is in foreclosure. The U.K Government does not allow the courts to do this so soon! So my question is when are last resort "repossession" measures activated in the USA ? after two or three months ? Thanks Real estate Guy, I am asking because I want to know the reasons, I am comparing the situation to what would happen in the U.K. The man is no "dead beat" either, lets not get personal about someone you dont really know okay ? Are all the thousands of people currently going through Foreclosure in the USA "irresponsible deadbeats whom dont know their dimes from their $5 dollar bills RG ? You are very offensive mate! Are the Sub-Prime, crashed & broke banks MANAGERS, All DEAD BEATS TOO ? You tell me, you seem to have all the "answers" efflandt- who is talking about "gambling" his repayments are $5,000 USD per month, when he took out the mortgage his income was over $100K a year. He has a bad year in 2007 and his income drops and he falls 5 months behind with the repayments and the bank goes to throw him out of his home, its all over the news, thousands of AMERICANS are going through it after the economic downturn started, lesson over,do you get it now ( economic downturn equals a drop/fall/shortfall in your income ) ? dont talk to me about gambling again!

Foreclosure question? I am facing foreclosure on Oct. 30th. Since I do not have the means to keep my home I have no choice but to let it go through. Do I need to be out of my house be then, or do I still have another 30 days after the foreclosure to vacate the premise. Also, I read under AZ law, that the lender can not file a deficiency and go after me for any remaining debt if the property is on less than 2.5 acres. My home is on only a half an acre. Can anyone verify this for me?

Is this true about foreclosures in AZ? A friend of mine is upside down in his house. He is thinking about foreclosures and after helping for hours researching information we came across this in Arizona law: A lender may not bring a deficiency suit against a person who lost a property that is 2.5 acres or less at a foreclosure, provided the property was a single one-family or a single two-family dwelling. This is so even if the high bid at foreclosure was less that the balance due on the loan. Does this mean that anyone in Arizona who is caught up in the housing craze can just walk away from there homes and not worry about nothing except for a mark on their credit for 7 years. If so then everyone in a bind should do it because it will take longer than 7 years to pay off the cars and TV's they bought with the 2nd deed of trust anyway. Thank you.

I fought the first foreclosure auction. What now? I moved out of my old home in late 2006 and my ex continued living there off and on. She finally moved out permanently a few days ago and I learned yesterday from my realtor that the house was being auctioned today. I wrote up a petition on grounds I had not been lawfully notified at my last-known address (which is my current address) per state law and the court returned a decision in my favor. My realtor has a certified abstract of the decision and will be at the house today to ensure compliance. My question is, what's my next step? They have 10 days to show cause why the ruling is in error (which they cannot do since I have written proof from lender of their knowledge of my current address) but even so they cannot re-notice the auction until after April 25. My only motivation is to buy time. Is there anything else I could do to buy my realtor more time to sell the property? Do I perhaps approach the lender about a deed-in-lieu at this time? Expert Realtor, you lost your bet. Not only did I notify the lender of my change of address about a year ago but have documents from the lender addressed to me at that address. They had no excuses. I am well aware money is owed to the lender. I paid them for a year and a half while my ex lived there. Don't tell me I didn't try. Answers to other feedback: I have no interest in saving the property, just avoiding the foreclosure sale. I have not lived there since 2006 and have no plans of moving back. So since no one actually read my question or attempted to answer it, let me just say that I spoke to the lender's attorney morning and have until at least late-May before a foreclosure sale will be re-noticed. They did not seem put off in the least. A mistake was made and they will conduct their business accordingly. So then, I am going to contact the lender and see what I can do. Good luck, Yahoo Experts. Sorry, that was harsh. I see most of you did try, in some fashion, to address my question.

Common Law Question on Property? My husband was with his ex for 14 years they had a child and bought a home. They separated 6 years ago and he assumed that she was going to stay in the home with the child. Now it has been over 5 years since she sold it. He just found about it last week. He was never notified about the sale. She used the money to pay off money she borrowed on the house. She was left with $80,000 she used that to put a $50,000 down payment on a home and a bought car for $30,000. She ended up loosing the other house to foreclosure. Now she says the he owes her for back child support for the last 6 years. She never asked for anything back then and there was never an order of support. He is currently paying regular child support. Can he sue her for some of the money she got for the house even though they were never married and they put it in her name???????? In court she admitted that she never worked and that he had paid for everything. Oh yeah, they both live in Illinois. They were never married. Only lived together so no divorce decree exit about. They are in court fighting back support that was never ordered. She wants over $31,000. New Illinois law says that there doesn't have to be an order for support to get it. Also she never asked for a dime in the mean time.

If i co-signed for someone to buy a house, and he is late on payments, what will happen to my property? My wife and I co-signed for my brother in law to buy a house. This happened about 6 months ago. During the last two months he hasn't paid for his mortgage. I own a couple of properties. If my brother in-law doesn't pay next month, the current lender will consider a foreclosure on the house. Since my wife and I co-signed, can the bank also take my properties or will my brother in-law just lose his house or will the three of us have bad credit for 7 years? What most likely will happen?

In Florida can a landlord reestimate damages after a tenant has been out of the property for 4 months? I moved out of a rental house on 2/15/08 after a 1 year lease. In March the former landlord sent a detailed list of damages totalling $634 (I thought excessive, but didn't want to argue). I gave a deposit of $1875 when I moved in and never received the balance of my deposit in the allotted amount of time. I sent several letters requesting the balance of $1241 and he kept coming back asking for verfication of the money he was paid. I gave that to him (all written of course) and demanded a return of the balance before taking it further. It is now June 26 and today I received a check for $528.70. In the letter he states that the damages are more than what he originally stated. Can he do this? The time, by law has been up for quite some time. I feel like he is trying to keep the money because he doesn;t have it. By the way, the house is in foreclosure. Should I go after the rest of the money he owes me or just leave it go? Also, if I cash this check do I give up my rights to the rest?

MERS, can somebody exlain this on my home loan papers? TOGETHER WITH all the improvements now or hereafter on the property, and easements, appurtenances, and fixtures now and hereafter a part of the property, all rereplacements and aditions shall also be covered by this security instrument, all the foregoing is refered to inthis security instrument as the "property" borrower understands and agrees that MERS holds any legal title to the interest granted by borrower in this security instrument, but, if necesary comply with law or custom, MERS ( as nominee for lender and lender sucesssors and assigns) has the right to any of all of these interests, including, but not limited to, the right to foreclosure and sell the prepoerty; and to take any action required of lenderincluding, but no limited to, releasing ansd canceling this security instrument

quitclaim california? my husband quit claimed when i purchased my home. The deed reads "married woman as her sole seperate property. My husband co-signed for my father in law's home, which is now facing foreclosure. Can my husband's lender come after my property ?

Who owns the house? I bought my grandparent's home in May of 2001 to keep it from being lost due to my grandfather's mismanagement. After the sale, he continued to reside at the property and paid rent to me as a tenant. He is now contesting the sale of the home, stating that he thought he was only refinancing the house. I need to know who owns the house while the case awaits trial, as I am being told by his attorneys that he is entitled to heat, water, since he is still a tenant, while after calling the police to keep him from moving people into the house (who I will eventually have to evict), I was told he was entitled to do so since was contesting the sale of the house, and technically has the rights as an owner. Help! P. S. I live in New York City, where the law favours the tenant and not the landlord, the senior citizen and not the thirty-year old. P. S. S. I do not want to sell the house or give it back, as he has no means to pay for it, and it would only end in foreclosure.

Do you think this law should be changed? In most states, when a bank forecloses on a landlord, the tenant has no guarantee of being allowed to stay in the property. In addition, neither the bank nor the landlord has any legal obligation to inform the tenant of the foreclosure. Often, the renter first learns of the foreclosure when he or she is being told to vacate the property within a few days or weeks. http://www.cnn.com/2007/US/11/30/willis.rentervictims/index.html

If you bought someone out on a primary residence, is it a money purchase loan protected by California anti-def anti-deficiency law meaning once the bank foreclosed the property; they are not allowed to come after me for the balance that didn’t satisfy the loan balance after the sale of the auction. So I originally purchased the house in 2002 with my wife. Then she wanted to leave so I bought here out to transfer the title and mortgage to me. An additional 30k in home equity became part of the new mortgage and was paid to her. The sellers were listed as herself and me and the buyer was listed as me but with a different form of my name. Does this financing count as a money purchase loan that is protected against deficiency judgments in foreclosure or is it just a refinance that would have no protection in foreclosure? I have paid off around 20k of the total mortgage. Does that mean they can only come after me for 10k now in foreclosure or can they come after me for the full mortgage amount of 260k?

Negative equity 250K, what to do? My condo went from 650K value to 450K value due to 10 forclosure sales in my complex. It will take "forever" to get value back and for me to get equity in property. My paymets are 5K and will adjust to 6.5K by the ned of the year. I can't afford that, so instead of "wasting " more money on this condo as I know that in Dec it will adjust to 6.5K per month, I don't see any other way then to let it go! My lender sold off the laon and the new lenders are JERKS!!! they don't care at all and is thretening daily phone calls, which makes me just want to say OK, just foreclose on me, the forclosure line starts 3 miles down, you'll be lucky if you recover $400K in a foreclosure sale". It seem they would rather do that, then to work with me on locking my rate. If my payments would remain 5K, I would fight and hang in there, and if my lender was working with me, it would inspire me to fight and live up to my obligations. CAN ANY OF THE NEW LAWS HELP MAKE MY LENDER WORK WITH ME TO LOCK MY RATE?

In the state of Georgia, can the same matter in controversy be the subject 2 different court cases? My mom is the plaintiff in a foreclosure suit where the mortgage company hasn't proven that they have standing to foreclose and there's NOTHING in the hall of records and the tax assesors office that says the property was foreclosed and sold to another party in January of 2008, as purported by the mortgage company's attorney's (bluff). Futhermore, there's no record of assignment by the company that's trying to foreclose, which goes against Georgia Mortgage Assignment law. The fact is that the mortgage company COULDN'T foreclose because my mother filed a lis pendens before the supposed foreclosure date. NOW a different attorney for the same mortgage company is trying to evict in the MAGISTRATE court citing "sufferance after foreclosure" when they haven't even foreclosed and they haven't proved standing to foreclose in the SUPERIOR court. So, I'm trying to find a Georgia Law that says 2 court cases can't be the matter of the same controversy in the same state/county.

What do you think about this? All HOMEOWNERS forced to ....? remove, dismantle, tear down, etc., whatever EFFICIENCY, studio, in-law-quarters, etc. in their home (especially here in South Florida), by "supposed" city ordinances_which in reality there were none to begin with, and besides taxes were charged on these illegal additions up until someone 'tipped" authorities, and owners were made to tear them down. Now that these same homeowners_in some cities in the thousands, literally_have lost or will be losing their homes in foreclosure, shouldn't there be some type of legal recourse against, city, county, and even state in the form of a HUGE civil suit? City and Counties both were charging taxes (extremely high, which is one cause for foreclosure in S. Florida at present)> Wasn't it their duty, obligation, etc., to check over these properties once they were matched to the original records, tax cards, etc., and upon finding them w/ illegal additions, inform individual homeowner. In other words they were ABETTING in supposed illegalities!

Has anyone ever challenged the legtimacy of a banks demand on them? There is a wave of repossessions and foreclosures. The wave compells people to believe that they have to act in the way they have been told to act. A bank serves a demand then gives you a specific time to respond to the demand. You either do not or respond inadequately. (even lawyers are caught flat footed here most of the time). The bank then forecloses on you and seizes your property. You go into hibernation, lick your wounds, cry a little then try to start all over again. Is that how it is meant to be? NO. As a lawyer I have managed to have a number of mortgages set aside and declared void or voidable. I have obtained other relief for many more.At least a review of their mortgage and lessening of the ensuing impact on their circumstances to the effect it has provided them with an "out" without the damage. I'd like to know your experience as I write on the topic and am gathering as much diverse information as I can. Commonwealth, Common law jurisdictions only. I am still trying to figure out how to respond to questions raised to my posting. SO here it is. The Uniform commercial code is not a panacea for unconsionable or oppressive or misleading conduct on the part of the bank or its agents. It is trite to suggest it turns the law in the US on its head as the remedies for such conduct is readily available. People who sign contracts are not bound where the contact is induced by fraud or some other form of inequitable conduct.

Should I foreclose on my 2 Arizona properties? I have 2 properties in AZ. I can't pay the mortgage on either unfortunately. Should I let them foreclose? Is short selling a better option? I am reading about anti-deficiency laws in the state of AZ, and it looks like they can't get anything out of me after foreclosure. (Both props are single=family residences...) I hear a short sell can potentially have big tax implications. So a foreclosure would hit my credit hard, but save a lot of $$ right? Any advice would be great. Thanks all!

The county I live in is passing a law to stop foreclosures. What do you think? I work for the county in the offices so I am not allowed to disclose what state or what county. Basically the heads of the county government and the sheriff got together and are temporarily asking the sheriff's department to stop foreclosures pending the new law. The law was created to because it was displacing familys who had no where to go and also leaving abandoned property in the town where it has increased crime. Under the new law, a bank or mortgage company cannot foreclose upon a property unless 1) Can prove they will have someone occupy that property within 30 days or 2) The taxes have not been paid on the property In addition, the law states that it will not allow foreclosure if there are children living in the house until it is stipulated in the foreclosure that they will have adequate housing. Meaning, they can't throw a parents with children on the street unless the parents, state, or bank find them adequate housing. 2) There is also another law they are passing that if a foreclosed property is abandoned for more then 90 days, the county will fine the property owner $20/day until proof can be satisfied that either the property has been sold for occupancy or the bank has found someone to occupy the property. These new laws exclude private party liens on property. Such as owner-financing. I think it is great that they are doing this. I mean sure, people should pay their bills. No question about it. But sometimes, people lose their jobs or mortgage companies screw over people by changing their interest rates and people can't afford to pay their mortgage. This law is to protect people from being out on the street and to control crime from abandoned property. Unfortunately, when a bank gets wind of this, I am sure they will start sueing in state court when the sheriff's office refuses to do a foreclosure. Then ofcourse, no one will right mortgages in the county probably. But I am ok with that. What do you think about this? FYI - Let me clarify the law. If the bank wants to foreclose but the occupants are paying the taxes, the bank can still foreclose as long as they can have proof there will be occupancy after they leave. Ofcourse, in regards to children, that other thing in regards to making sure there is adequate housing would have to be met too in order to go forward with the forclosure. kkoh: So you would rather see all these families get displaced so that the banks make their money? Wow. Got it.

What are my options after foreclosure? My home went into foreclosure, I filed for bankruptcy, Ch 13, using an online company, that was to submit to the appropriate motions to the court, etc. after I completed all necessary forms. To make a very very long story short I was scammed, and the bankruptcy was not filed prior to the sale date which allowed the bank to purchase the house. So now on top of the law suit against the fake “online company” I must now either leave the property or put an offer to the bank for the house. I don’t know what I should do or even can do…help me …please

Renters rights when house goes into foreclosure? I just found out today the house we have been renting for over 2 years is going into foreclosure. The wonderful landlord didn't even say anything, I had to find out by accident. I know I have to move, which really stinks with having 4 kids and a shortage of rental properties. My question is do I still have to pay him rent until I do move? It's obvious he will not be able to pay me my security deposit back if he can't make his payments. Can I just live here for 4-6 weeks until I can find a new place? BTW- I live in California. If anybody knows specific laws or websites I could look at, I'd really appreciate it. Thanks a bunch!

Arizona Foreclosure? I don't want to leave my home that I just purchased 7 months ago. I am listing all my options to try the best first and go down the line exhausting each one and foreclosure is the very last option that I would ever feel the need to use. I am currently looking into ways to restructure my loan, cash-out my stock, call in debts owed me, I even grabbed a part time job. My question is if I were to have to foreclose and my home was sold at an auction for less than the amount I owed the lender, by Arizona Law is it true that if the property is under 2.5 acres that I am not responisble for the difference in the loan amount?

How do I force a sale with an uncooperative ex on deed!? I have a house with my ex. He is on the deed but I am solely on the mortgage. He refuses to sell the house for under $250,000 but the comparable sales in the area are only 200,000 to 215,000. He feels because of the work on the house we can get much more. He won't quit claim off the deed and I'm sure it doesn't matter to him since he is not on the mortgage. The problem is I can no longer afford the mortgage payments and foreclosure will be emminent. Can I legally sell the house without his consent if I am the sole person on the mortgage? Is there any way to force a sale and let a court of law decide on the best price or who has best interest on property? Or is there a way to remove him from the deed in situation like this? I obviously need to make a quick sale but the uncooperative ex is not allowing this to happen. What should I do?

have a contractto sell prperty and share equity with owner invested 250000 to help out of foreclosure wont sel have a contact time is of the essence to fix up property put on market and get money back owner wont sell we are still paying mortgage.we need info on contact law. please help