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Will you be notified about a foreclosure if you are on the title but not on the note?
Yes. The lender will check the title and if you have acquired an interest since the mortgage was granted you should receive notice.
Yes. The lender will check the title and if you have acquired an interest since the mortgage was granted you should receive notice.
Yes. The lender will check the title and if you have acquired an interest since the mortgage was granted you should receive notice.
Yes. The lender will check the title and if you have acquired an interest since the mortgage was granted you should receive notice.
What else can I help you with?
When is a foreclosure complete?
Whenever the title to the property has been quieted in the name of the purchaser at the foreclosure sale.
How are you notified of foreclosure?
This depends on the state and the type of foreclosure used. In general, there are two different types of foreclosure. In judicial foreclosure, banks are required to bring a lawsuit against the homeowners in the local district court. Homeowners are notified of the foreclosure when they are served with the paperwork including the lawsuit complaint the lender has filed. Notification is often done by a sheriff's deputy hand delivering the paperwork or by the bank sending the paperwork via certified mail. In nonjudicial foreclosure, the bank is able to sell the home at auction without suing the borrowers. Notification is often done by having a sheriff post a Notice of Sale or Notice of Intent to Foreclosure and Sale or similar notice on the property itself. Notices must also be posted in local newspapers, in public gathering places, or at the county courthouse. The specifics vary by state, but these are the two most common methods of foreclosing on a home and how the debtors are notified of the pending loss of their property.
What appliances can you take with you in a foreclosure?
All of them! We are taking our all of our kitchen appliances when we are notified of our move out time. I bought them with my own money. The greedy banker didn't.
How do you stall foreclosure?
You can stall a foreclosure. If you negotiate with the lender for a short sale, the lender may hold back on the foreclosure process to allow you to complete the short sale. You can also challenge the foreclosure process in court. If there are any irregularities in the foreclosure process initiated by the lender, the court can stall the foreclosure. You should ask the lender to produce the original note. Often the lender initiating the foreclosure is not the original lender. Most lenders sell the mortgage to other lenders and institutions. It is the subsequent lender who generally initiates the foreclosure. Often the subsequent lender may have problems producing the original note. Sometimes it can take months to produce the original note. Filing for bankruptcy also stalls the foreclosure. Negotiations with the lender can also buy you time. For an official opinion, it is advised you seek legal counsel.
Why are you being foreclosed on if your name is not on mortgage?
If your name was ever added to the title after the mortgage was granted then you will be named in the foreclosure to fulfill the obligation to give notice to all interested parties.If your name was ever added to the title after the mortgage was granted then you will be named in the foreclosure to fulfill the obligation to give notice to all interested parties.If your name was ever added to the title after the mortgage was granted then you will be named in the foreclosure to fulfill the obligation to give notice to all interested parties.If your name was ever added to the title after the mortgage was granted then you will be named in the foreclosure to fulfill the obligation to give notice to all interested parties.
When is a foreclosure complete?
Whenever the title to the property has been quieted in the name of the purchaser at the foreclosure sale.
Will your tenant be notified to move after foreclosure?
Under the Federal Protection for Tenants in Foreclosure Act, passed in 2009, the buyer at foreclosure must give the tenants 90 days to relocate. After that, in most states, the buyer must pursue a legal eviction.
Can your husband be notified that the house is in foreclosure if he is not on the mortgage?
He is not going to be notified by the mortgage comany unless he is on the loan. He could pick up your mail and read it though. You will also start receiving letters from various law firms in your area regarding the foreclosure which again he might find especially if he is still in the home.
How can you execute a foreclosure on land without clear title?
can land be sold without title
How are you notified of foreclosure?
This depends on the state and the type of foreclosure used. In general, there are two different types of foreclosure. In judicial foreclosure, banks are required to bring a lawsuit against the homeowners in the local district court. Homeowners are notified of the foreclosure when they are served with the paperwork including the lawsuit complaint the lender has filed. Notification is often done by a sheriff's deputy hand delivering the paperwork or by the bank sending the paperwork via certified mail. In nonjudicial foreclosure, the bank is able to sell the home at auction without suing the borrowers. Notification is often done by having a sheriff post a Notice of Sale or Notice of Intent to Foreclosure and Sale or similar notice on the property itself. Notices must also be posted in local newspapers, in public gathering places, or at the county courthouse. The specifics vary by state, but these are the two most common methods of foreclosing on a home and how the debtors are notified of the pending loss of their property.
How do you find out if the house you're buying on contract is being foreclosed when the owner won't tell you?
Have your attorney arrange to have the title examined. Your attorney can contact the current mortgagee to determine if there is a pending foreclosure action.Have your attorney arrange to have the title examined. Your attorney can contact the current mortgagee to determine if there is a pending foreclosure action.Have your attorney arrange to have the title examined. Your attorney can contact the current mortgagee to determine if there is a pending foreclosure action.Have your attorney arrange to have the title examined. Your attorney can contact the current mortgagee to determine if there is a pending foreclosure action.
What if you buy a property that was orignially foreclosed by fraud?
If the foreclosure was no good you may not own the property. In other words, your title is only as good as the foreclosure.
What are the foreclosure laws in New Jersey?
At least 30 days before starting the foreclosure process, the lender mails a letter to the borrower warning of the impending foreclosure. During this pre-foreclosure period, the borrower can prevent the foreclosure by paying off the amount in default. The lender initiates the foreclosure through the courts and records a lis pendens (notice of pending lawsuit) with the county clerk. The lender can sue for either the default payments or the entire unpaid principal balance on the loan. The borrower is notified of the foreclosure action in person or by publication if necessary. After being notified, the borrower has at least 35 days to respond or the court will make a ruling. If the court rules against the borrower, a sale date will be scheduled. There are actually companies that will work with you for free to buy your mortgage away from your mortgage company and avoid your foreclosure. I would advise looking into this first.
What appliances can you take with you in a foreclosure?
All of them! We are taking our all of our kitchen appliances when we are notified of our move out time. I bought them with my own money. The greedy banker didn't.
How do you stall foreclosure?
You can stall a foreclosure. If you negotiate with the lender for a short sale, the lender may hold back on the foreclosure process to allow you to complete the short sale. You can also challenge the foreclosure process in court. If there are any irregularities in the foreclosure process initiated by the lender, the court can stall the foreclosure. You should ask the lender to produce the original note. Often the lender initiating the foreclosure is not the original lender. Most lenders sell the mortgage to other lenders and institutions. It is the subsequent lender who generally initiates the foreclosure. Often the subsequent lender may have problems producing the original note. Sometimes it can take months to produce the original note. Filing for bankruptcy also stalls the foreclosure. Negotiations with the lender can also buy you time. For an official opinion, it is advised you seek legal counsel.
Why are you being foreclosed on if your name is not on mortgage?
If your name was ever added to the title after the mortgage was granted then you will be named in the foreclosure to fulfill the obligation to give notice to all interested parties.If your name was ever added to the title after the mortgage was granted then you will be named in the foreclosure to fulfill the obligation to give notice to all interested parties.If your name was ever added to the title after the mortgage was granted then you will be named in the foreclosure to fulfill the obligation to give notice to all interested parties.If your name was ever added to the title after the mortgage was granted then you will be named in the foreclosure to fulfill the obligation to give notice to all interested parties.
Can a foreclosure action go forward against a property that has been awarded quiet title?
A quiet title action is a remedy brought by a party with interest in a property to remove invalid claims of interest in the property. A foreclosure by a party that has the right to foreclose a valid debt under a valid mortgage and note is not considered an invalid claim.You may be referring to quiet title used as a defense to foreclosure. That type of action is a relatively new maneuver designed to challenge the validity of documents associated with the mortgages that have been recorded during a long period of sloppy lending and careless record keeping by mortgagees and their assignees. It has been used successfully in many states. Attorney workshops are being offered on the topic.Quiet Title is reported as routine in some jurisdictions but it is not routinely allowed. It is part of the trend toward attacking the vulnerabilities of lenders who have not paid enough attention to the chain of title for holders of notes and mortgages, and toward MERS not being a legal interest holder in mortgages that pass through its system.In one case in California, the mortgagor filed a quiet title against the lenders who were foreclosing. They did not respond to the lawsuit. The court heard the plaintiffs evidence and the plaintiff won by default.If you think you may have success with a quiet title remedy you need to find an attorney in your jurisdiction who is familiar with that type of case and who can review your situation and explain your options. It can be a complicated and costly endeavor. The best time to file a quiet title lawsuit is during the foreclosure. The attorney could advise if a quiet title can be pursued in your case after the foreclosure has been completed.See related links for more reading on this topic.ADDITIONAL ANSWER:One has to look at this question from more than one point of view. In addition to people who have lost or are in danger of losing their interests in real property in a foreclosure proceeding, a quiet title action may be filed after a foreclosure by a person who acquired title after or as a result of a foreclosure. For example, if the current owner acquired title after a foreclosure and if the chain of title had some defect prior to and unrelated to the foreclosure, that defect would still exist. The foreclosure does not by itself, wipe out all clouds upon the title especially if notice had not been given to someone with an interest in the property. If the new owner wanted to eliminate that defect and have a clean chain of title, he would file a quiet title action after the foreclosure.
