Foreclosure

Can my military retirement be garnished by a non-government agency?

Can my military retirement be garnished?

military retirement pay can be garnished through the government.

It can be garnished like everyone else's pay, through the courts at any level.

To answer your question simply, a repossession order will typically be a 60 day repossession order. If however you do not contest the repossession or don't turn up to the hearing it is more likely to be a 30 day repossession order. However, you are not clear if you have even received a notice of intended court action or a court date. There is no hard, fast, rule which states when each lender will start repossession proceedings, they can be after just 1 missed payment - the average is between 2 and 3 missed payments. This answer above has been copy & pasted from http://www.repossession-stoppers.com/answers/how-long-does-a-house-repossession-take.htm which is a UK site So if you are from outside the UK it may be different...

aggregate of all sales that are generated in a particular time frame by means of distribution that is employed by a firm or company to move.

Yes, a foreclosure will, however, take priority over secondary and other liens, often everything except tax liens.

In Arkansas, deed stamps are $3.30 per thousand dollars of purchase price (rounded up to the next nearest thousand), so a $79,000 purchase price will require $79 x $3.30 or a total of $260.70.

No. The money you borrowed was secured by one home; not your other home, not your car, not your furniture. If you still owe money when the house is eventually resold, they will come after you for that money, usually in the form of a judgment.

It is best to call the mortgage lender and start to make arrangements either to temporarily reduce the payments or to refinance to a better loan. You signed an agreement to pay and you should follow through on clearing this up.

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.

personal injury slip fall in grocery store. proceed thru legal system now at the MSJ against defendant. facts in case: no surveillance cameras to show slip/fall, but have medical expenses/surgeries since slip fall on left and right wrists. medical expenses thru mayo clinic here in phx is over $50,000 plus plastic surgery, date of injury 9/2004. trikle down effect on med expenses: left wrist surgery/case, over use of right hand now dislocated thumb, right hand surgery. left hand surgery doctor license pulled UP conduct, mayo clinic redo reconstructive surgery now for both hands....now med exp over $75,000 including out of pocket plastic surgery for awful visual left hand surgery....def offered $10,....judge superior court now ask plaintiff for reply to def MSJ.....pls give me intrusive def questions to award MSJ to ME plaintiff....awaiting your suggestions....JR

Yes you can get refinanced up the day they forclose If you are the owner of this property, and you are the one responsible for making payments, and you are the one who is on title, and you are really the one that is the real owner of the property, do not try to bring in a straw buyer - it is a federal offense and you will go to jail. If anyone tells you to stop making payments on your home to qualify for a loan modification, or to stop foreclosure, they are wrong. Honesty must be your number one priority. If someone tells you not to send your mortgage payment to qualify for a loan modification, don't do it. Lenders will work with you, they are stakeholders in your investment, they are investors in your property, just like you.

NO! it is perfectly legal for a licensed Real Estate agent in the state of California to represent an investor client in their purchase of a property that has A) already gone to the bank i.e. foreclosure but as well B) a short sale i.e. a property that has had notice of default flied against it and is in the process of being foreclosed upon by the note holder

Did you record a Homestead on either house?

This depends on what state the property is located in. Generally, after the loans and all other costs associated with liquidating the property are paid for by the home auction, if there is any money left, it does go to the owner. But you need to check the laws for your specific state.

You should be able to, just have to try and find a place that will give a loan, some may or may not but im not 100% how this goes

It is the same process as any other foreclosure, except that at the conclusion of the foreclosure, the tenants will be forced to leave.

A "clean foreclosure" is simply a phrase used by Realtors when they list foreclosure properties. The term relates very little to the condition of any other property that is listed and is mainly used to differentiate between the standard foreclosed home and the so-called clean one. But due to the nature of these properties and the legal process that takes a home away once the mortgage is in default, designating a property in this manner causes it to stand out just a little bit.

Some homeowners, if they are unable to stop foreclosure and will soon be forced to leave their home, may cause various damage to the property. This may be in an attempt to get back at an uncooperative bank for taking the house and to take their frustrations out against the county legal system, which may allow the foreclosure to go through regardless of predatory lending practices or mortgage lender misconduct. But the fact the many foreclosed homes may have such willful damage means that repairs may need to be done by new buyers.

Also, depending on how long a property sits on the open market, it may fall into disrepair. After a year of having no heat or cooling, even houses in great condition will start showing the effects of the weather. And it may take only one severe storm for the roof to start leaking or the basement to flood. Even if the former owners did no damage when they left, a property which sits empty for a long period of time may become a target of random vandalism, squatters, or thieves.

Obviously, homes in this condition will need extra work before they are completely livable again, and the selling price for damaged foreclosure homes can be far less than a typical house for sale. Clean foreclosures, though, are properties that, although the owners went into default and had their home auctioned off, are not exhibiting any extraordinary signs of damage or depreciation yet. The sales price may be lower than the average price for such a home, but it will not need as many repairs as the typical foreclosure home, either.

In effect, by designating a property as a "clean foreclosure," Realtors are pointing out that purchasing this house may represent a great deal for buyers. As banks are often the owners of foreclosed homes, they can be more willing to work out an arrangement beneficial to purchasers, since they would just like to make up the loss on the legal process and unload the property. With steep declines in housing prices across the country and an unabated foreclosure crisis putting many homes on the market, finding such a property in a clean state for a reasonable price can entice more buyers back into the housing market.

Disclaimer: This answer is NOT intended to constitute legal advice; it is for general educational purposes only. The questioner should consult a qualified local attorney.

The answer probably depends on what jurisdiction you're in, as rules and procedures vary from jurisdiction to jurisdiction. In my state, a default judgment may be entered in a civil case when a defendant doesn't appear in the case (e.g., doesn't answer a complaint within the required time after being served); other criteria may need to be met as well. A trial de novo is a review of a prior trial, in an appeal process. In most appeals, an appellate court reviews the record from the trial, and doesn't retry the case (i.e., no evidence is presented). In my state, however, an appeal of a small claims case is heard de novo by a trial court, instead of an appellate court, and that appeal is heard do novo--which means from scratch, as though it had never been heard previously--with presentation of evidence occurring over again. So, at least theoretically, a default judgment could be entered in a small claims case (where the defendant doesn't show up for trial--in my state, an answer isn't required in a small claims case, so a default judgment would not be entered for failure to provide an answer, only for failure to appear at trial), and the defendant could appeal that ruling and get a new hearing "de novo," or "from scratch" as it were, in district court (a trial court). I believe there are instances when an appellate court -- which usually only reviews the record and determines whether or not the trial court made a legal error requiring some change to the trial court's order or proceedings--will review a matter de novo, but in that instance, the case is not retried (i.e., no evidence presented again), the record is reviewed and the appellate court decides the matter based on that. Again, this may or may not apply to the questioner's specific concerns, depending on the jurisdiction.

The process varies depending on state. For more information, visit http://www.realtytrac.com/foreclosure-laws/foreclosure-laws-comparison.asp. 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.

The best of all worlds would be that you could either negotiate new payment terms or refinance so that you could keep the house. Or, that you sell the house before it forecloses for the amount that you owe. Both of these options require action on your part.

Otherwise, the foreclosure will go on your credit report, where it will remain for several years. New lenders will consider the time since the foreclosure and also the state of the other credit accounts in determining whether they will offer you a loan and at what rate.

That depends on your starting credit score. If you allow your home to be foreclosed or if you sign a Deed-in-Lieu of Foreclosure. Home owners will take a hit of about 250 points on their FICO score. This means if a their FICO score before foreclosure was 680, it could dip as low as 430. A home owner who wants to buy another home after foreclosure will end up waiting about 24 months before a lender will offer any kind of interest rate that makes sense. During that time you must have a near perfect credit.

The affect of a short sale on a home owner's credit report is much less damaging. The negative on credit may show up as a pre-foreclosure in redemption status, which will result in a loss of around 80 points from the FICO score. It can also simply show up as the loan was paid off and not affect your score at all. This means a short sale with a previous FICO of 680 could possibly see it fall to around 600 or it could remain the same.

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.

That depends on your state. The laws for foreclosure are set by state. 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.

Ultimately the impact of a foreclosure to your credit rating and ability to borrow in the future is reason to choose the short sale over the foreclosure. Lenders will look more favorably upon a potential borrower that tried to work with the bank (via short sale) opposed to one who just walked away.

The short sale process, when handled properly, can even result in a favorable narrative on your credit report, which will minimize the impact to your score. When looking for a short sale specialist, I suggest you make sure that agent has a trained mitigator that will negotiate with the bank on your behalf. Also, the agent you choose should have experience in the short sale market.

Hope this helps! If you need more information or have other questions, just ask.

They (collection agency) would first have to buy the mortgage rights from the original creditor (usually for just pennies on the dollar), before they could take action. Normally speaking though, once a charge off has occured, the chances are slim that a 2nd party would buy those rights due to high risk/low chance of recovery of assets and/or cash as the original creditor has probably already tried applying the max legal pressure (hiring a collection agency) to collect the debt.