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Foreclosure

The process by which the holder of a mortgage sells a property after the debtor defaults on their loan for it

2,433 Questions

How much notice is to be given before foreclosure sale in ca?

In California, the notice of sale must be published in a newspaper once a week for three weeks before the sale date, with the first notice published at least 20 days before the sale. Additionally, a notice of the sale must also be posted on the property at least 20 days before the sale.

What does recalled in a sheriffs sale mean?

Recalled in a sheriff's sale means that the sale has been canceled or rescheduled for a later date. This could happen for various reasons, such as errors in the legal process or unresolved issues with the property.

Which law would encourage more people to become homeowners but not encourage risky loans that could end foreclosure?

The law could establish government-backed programs that offer affordable fixed-rate loans with reasonable down payment requirements. Additionally, regulations could be put in place to ensure that lenders properly assess borrowers' financial capability to repay the loans, reducing the likelihood of risky lending practices that lead to foreclosures. This approach aims to make homeownership accessible while minimizing the risk of loan default.

How long after foreclosure can you stay in the house in nc?

In North Carolina, after a foreclosure sale, the homeowner has ten days to vacate the property. If they do not leave within this time frame, they can be evicted by the new owner or foreclosing party. It is important to consult with a legal professional for guidance specific to your situation.

How long after foreclosure does eviction take in Montana?

In Montana, the timeline for eviction after foreclosure can vary. Typically, it can take anywhere from a few weeks to a few months, depending on the specific circumstances of the foreclosure and eviction process. It is best to consult with a legal professional for specific information related to your situation.

How law maintain social control?

Laws establish a framework of rules and consequences that help guide and regulate behavior in society. They provide a system of deterrents and punishments for those who break the rules, which helps maintain social order and control by promoting conformity and discouraging deviant behaviors. Additionally, laws can also empower authorities to intervene and manage situations where individuals or groups pose a threat to the safety and well-being of society.

How long after foreclosure sale of home do you have to vacate premises in Kentucky?

In Kentucky, the homeowner generally has 30 days to vacate the premises after a foreclosure sale. However, this timeline can vary depending on the specific circumstances of the foreclosure, so it's important to consult with a legal professional for accurate information.

What does dismissed without prejudice mean in foreclosure case in Georgia?

When a foreclosure case is dismissed without prejudice in Georgia, it means that the case has been temporarily halted or canceled, but the lender retains the right to refile the case at a later time. This could happen for various reasons, such as procedural errors or the need to gather more evidence.

What right do squatters have as far as having to leave the house dwelled in over 10 years?

The answer depends on the details and the laws in your jurisdiction. Generally, you have no claim at all if you used the premises with the permission of the owner. If you openly occupied the property continuously without the permission of the owner you may be able to bring an adverse possession action in court. You should consult with an attorney in your jurisdiction. The laws vary in different jurisdictions.

How long do you have to move out of a foreclosed house in WA?

In Washington state, after a foreclosure sale, the new owner must provide written notice to the occupants to vacate the property. The occupants typically have 20 days to move out before the eviction process can begin. It is important to seek legal advice if you are facing foreclosure to understand your rights and options.

How long does it take to get a clear title to property that is the subject of a civil lawsuit?

There is no universal answer. It depends on many factors that include the scope of the lawsuit, the professional abilities of the entity that has been retained to address the problem, the amount of corrective work needed to correct the problem, the court docket in the court of jurisdiction, etc.

There is no universal answer. It depends on many factors that include the scope of the lawsuit, the professional abilities of the entity that has been retained to address the problem, the amount of corrective work needed to correct the problem, the court docket in the court of jurisdiction, etc.

There is no universal answer. It depends on many factors that include the scope of the lawsuit, the professional abilities of the entity that has been retained to address the problem, the amount of corrective work needed to correct the problem, the court docket in the court of jurisdiction, etc.

There is no universal answer. It depends on many factors that include the scope of the lawsuit, the professional abilities of the entity that has been retained to address the problem, the amount of corrective work needed to correct the problem, the court docket in the court of jurisdiction, etc.

How long can you stay in your foreclosed home in Rhode Island?

In Rhode Island, after a foreclosure sale, the new owner typically needs to provide the former homeowner with a written demand to vacate. If the homeowner doesn't leave, the new owner can file for an eviction, which can take a few weeks to a few months to complete depending on the court's schedule. It's best to consult with a legal professional for guidance on the specifics of your situation.

What is the law concerning Credit Bureaus must have verifiable proof of the foreclosure account in their files if they are going to report the negative item on your report?

The Fair Credit Reporting Act requires creditors to report your account accurately, and the credit bureaus are required to maintain records that match the reporting. The bureaus are not responsible for the accuracy of the reported account information as they do not have access to the account records for each creditor. If you dispute the accuracy of an item, they request a response from the creditor, at which point the creditor must either show that your dispute is invalid, that your dispute is indeed valid, or fail to respond in a timely manner (failure to respond will mean the dispute is accepted and the item corrected or removed).

Does a sheriffs deed of trust eliminate a 1st Senior Mortgage?

No. The mortgage remains in first place as an encumbrance against the property.

No. The mortgage remains in first place as an encumbrance against the property.

No. The mortgage remains in first place as an encumbrance against the property.

No. The mortgage remains in first place as an encumbrance against the property.

How long after auction home sold do you have to vacate in California?

In California, the new owner typically has the right to initiate the eviction process immediately after purchasing the home at auction. The exact timeline for vacating the property after an auction sale will depend on the eviction laws and procedures in the specific county where the property is located. It is recommended to consult with a legal professional for accurate advice on this matter.

Can you move into a foreclosed home legally?

Yes, if you rent it or buy it from the bank....Hopefully your not thinking about the game some people are regarding squatting in the property and the laws about having you removed from this type of situation. It's not worth it.

How long befote foreclosure after docket mumber is established?

You may be confusing foreclosure with bankruptcy. In states that require a court action before foreclosure, you will get the notice with the court's docket number and can respond appropriately.

In states that rely on open and public seizure, there may be no legal action, so no docket number. Someone from the mortgagee will show up and walk on your property and declare it has been seized. Usually, the mortgagee has to publish its intent to seize in a local newspaper.

Some states require the mortgagee to file an action to determine that the debtor(s) is (are) not on active duty in the military. The debtor(s) get notice of that, with the docket number. If no debtor is on active duty, there is nothing s/he can do to respond.

How long can you stay in the house after judgment of foreclosure?

you need to put on your communication and negotiation hat, because if you talk with your mortgage lender and you may ask for 30. 60 or even 90 days just depending on the banks. if you keep quiet you may only have 3 - 5 days to get out.

Can you still stay in a foreclosed home?

Foreclosure doesn't happen immediately. Once you receive notice of foreclosure you will normally have a timeframe when you must vacate the property. If you do not vacate, then the bank/company/person who is seizing the property can have the authorites force you off the property- with or without your belongings.

My house went into foreclosure and was bank sold. I did not pay the HOA fees. I have been served with a Civil Subpoena for Personal Appearance. What will happen if I do not show up?

Since your HOA fees are separate from your mortgage and you have to keep up, you need to show up with some kind of arrangements to pay the fees. Otherwise a bench warrant will be issued. This is the reason to stay away from Homeowners Associations. They are buried in with Protective Covenants that can foreclose on any house they choose if one of any Covenant rules are broken, though most are not followed. The association is part of that covenant.

What does it mean when they say order of dismissal for lack of prosecution in regards to a foreclosure court case?

An order of dismissal for lack of prosecution is filed (usually by the homeowners attorney) when the bank/lawyers have not proceeded forward on a pending foreclosure case within a certain amount of time (usually 10 months).

If nothing new has been filed, your case can be dismissed by a judge.

Do you have to go to court for a foreclosure summons if you have a modification loan?

OH YES! Many a homeowner has found out the hard way that once foreclosure starts, they had better monitor everything that happens - even if they have refinanced or got a modification loan. If a summons arrives - go to court and present your loan documents! If you fail to show up, they may go through with the foreclosure and then you are left to straighten out the mess after the fact. You might even find the house sold out from underneath you and the sheriff showing up and evicting you even though you are current in your payments on your loan. There have even been instances where a foreclosure went forward on a home that was PAID OFF. If you get a summons - show up and protect yourself!

Can a foreclosure go onto your credit report if it is your deceased moms house and it is in probate?

Any information regarding the payment history, performance, or resolution of a debt that is reportable to a credit reporting agency can only be reported for parties who obtained the debt. This means you would only see reporting on under your name if you co-signed for the mortgage loan that defaulted.

The actual foreclosure action on a home does not report to a credit agency any more than the sale of one does. What reports as "foreclosed" is the mortgage loan that did the foreclosing. This will only be reported on the credit for those who signed for and obtained the debt under which the home was foreclosed.

For example; if you own a home that is paid off and for which you carry no loans, you fail to pay the taxes, and the county "forecloses" by selling your home at a tax sale, you will not have a foreclosure reported on your credit report.

How do trustee sales auctions on the courthouse steps work?

Every state and county can differ, but generally these proceedings are conducted with very little fanfare or ceremony. An agent is generally given a list of properties that are to be auctioned that the agent literally takes to the courthouse steps. The agent will stand on the steps and read a brief script that includes the property and the opening bid amount. At this point any person who chooses to bid may bid, but they are required to have the cash or certified funds available for the amount they bid. The bidders often crowd around the auctioneer and signal their bids verbally or in writing. If the amount of properties going to auction is large, there may be several auctioneers and they may even read off properties at the same time, which means prepared bidders must already know which auctioneer has the property they are interested in.

If a bidder wins, he is the new owner. If there is no winning bidder the home becomes the property of the lender.

Can a house go into foreclosure while it is tied up in probate?

Yes, a house can go into foreclosure if the mortgage is not being paid, even if the property is tied up in probate. It's important to communicate with the lender and the probate court to address the situation and explore potential solutions.