Foreclosure

Yes, the business where the vehicle is located must allow the retrieval of personal items from the impounded vehicle, and is required to keep those items secured until they have been returned to the legal owner or the court rules otherwise.

It is in your mortgge document. Usully fixtures stay, appliances can go. Be aware of the difference, if an appliance is build into the kitchen it is a fixture, if it is just plugged in its an appliance. Read your mortgage document, some states allow or it is common that some appliances are considered part of the house. If you take fixtures the lender can ask for restitution.

No, the owners assets WOULD still be subject to seizure from creditors for all debts that were PERSONALLY guaranteed. The only way to protect personal assets would be for the owners themselves to file personal BK.

== == Maybe. The foreclosure alone is not sufficient grounds to pre-emptively file bankruptcy. Normally it is a good idea to wait and see if the bank that foreclosed ever comes after you for any deficiency balance before filing bankruptcy. If they never come after you, which is common, then you won't need to file. If they do send you a massive bill after the foreclosure sale, you can file bankruptcy then. Generally you don't want to file bankruptcy just because you MIGHT get a big bill since banks pursuing people for deficiency balances is not extremely common (mostly because some states do not permit it in self-help foreclosures, and in many cases the bank bids what they are owed to protect themselves from someone buying it cheap, and then there is no deficiency balance). Regarding the $12,000.00 in unsecured debt, there are usually five options available, with the amount those things cost being inversely proportional to how much they affect your credit score. (1) Keep paying the minimum payment until the credit cards are all paid off. This is the most expensive thing to do but is best for your credit. Of course, as an example, $12,000.00 at the minimum payment might take about 20 years to pay off and cost maybe $23,000.00, so this is also the most expensive thing to do. And, while I said it is best for your credit, this is theoretical more than realistic. In other words, your credit score will be the highest if you just keep paying them timely, but this doesn't mean you can get loans easiest because your debt-to-income ratio may be bad with all that unsecured debt. A lender may prefer to give a loan to someone with a lower credit score but no other debts to pay rather than give it to someone with a high credit score but who is strapped each month paying credit card bills. So in theory, you might have a higher credit score and be more lendable, but realistically no creditor will actually make a loan to someone who they know has a lot of debt they are carrying. (2) Do consumer credit counseling. This is where you drop all the bills on the desk of a credit counselor and they contact each of the credit card companies and negotiate a lower interest rate, then they put it all in one payment and you pay the payment to the credit counselor who then disburses it to the credit cards. The credit counselor usually charges $16 or $20/month to do this. This doesn't hurt your credit too bad but is the second most expensive thing to do since you are basically paying the full balances but you are saving a lot in interest. DO NOT pick a credit counselor on the internet or from TV, half of them are scams and under investigation for this or that. Go somewhere local so there is a human you can go talk to if something goes wrong. Again, while this doesn't lower your credit score as much as options (3) through (5) below, you are in the repayment plan for 4 or 5 years so sometimes you are able to get better loans sooner if you do (3) through (5) despite the bigger credit hit you take in the short term. I guesstimate a payment at low interest on $12,000.00 (to stick with our earlier example) plus the credit counseling for would be about $230.00/mo for 5 years (60 months). (3) Debt settlement. This is a good size hit on your credit but can help you get out of the debt for about half of what you owe if you have a source of funds to do it (tax refund check, rich uncle, etc). To settle, you contact each credit card company once the credit card payments are behind a couple of months (i.e. they won't settle current accounts) and offer 30% in a lump sum payment as full and final settlement. The credit card companies will say no way, they'll want 80% etc etc but eventually, if you wait long enough and keep calling back, they accept around 40%. So, you could settle all $12,000 for around $5,000 cash. This problem is of course you have to have $5,000 cash sitting ready to go (i.e. you can never settle and then make payments, they will only settle for lump sum payments). 3 things to watch out for during settlement is that they will LIE, so they'll tell you to send 40% and then they'll cancel the rest, then after you send the money they'll bill you for the rest and when you call they will say "We don't have a record of any agreement" and then you'll say "But James at extension 12234 said we had a deal" and they'll say "No he doesn't work here anymore, and we don't have any record of the agreement" etc etc. So, you have to get it in writing BEFORE you send the money. Also, you have to be sure you get the money to them timely. So, they'll say they accept 50% say, but they need the funds within 24 hours or the deal is off. If you mail it, they will say they didn't get it until 48 hours so the deal was off and send you a bill. It is best to wire the money immediately so you can prove they got the money on time. Finally, the IRS considers forgiven debt to be income, so if the credit card companies forgive $6,500 in debt and accept $5,500 in settlement, then they may 1099-C you and you will have to pay taxes on the $6,500 forgiven debt the following April 15. Debt settlement is a big hit on your credit score but cuts the debt in half. (4) Chapter 13 Bankruptcy and (5) Chapter 7 Bankruptcy: These are the biggest hit on your credit score (about 75 to 150 point drop) but obviously is the cheapest by far. Like I said above however, while it is the biggest credit hit it still may not realistically affect you as long as options (1) and (2) above. Most people can get a car loan at a decent interest rate about 1 year after a bankruptcy, and can get a mortgage loan about 2 years after a bankruptcy. However, if you are paying credit cards like in (1) and (2) above, most lenders won't touch you until the five year repayment is finished. So, in theory, options (1) and (2) hurt your score less, but (3) and (4) will allow you to do more stuff sooner, so realistically they should select whichever one they want without worrying about the credit score implications so much. Regarding the differences between Chapters 7 and Chapter 13 (with Chapter 13 frequently being referred to as a "wage earner plan" or "reorganization"), . Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. Thanks!

India: If the adoption deed has no technical defects then it cannot be revoked. You need to consult with an attorney in your jurisdiction.

Redemption of a Sheriff's Deed after foreclosure is 6 Months from the date of the Sheriff Sale unless:

1) The property is located on 1 acre of land or more

2) The amount owed when the Sheriff Sale takes place is less than 66 & 2/3 percent of the original balance (as in it was payed down a LOT before things got bad and the foreclosure train showed up)

If either of the above are true then the redemption period is one year.

Also, if the Sheriff's Deed is not recorded within 20 days of the actual sale date, then the 6 months redemption period begins from the date the Sheriff's deed is recorded.

The tenant owes the rent to the landlord up the day of a foreclosure sale.

If a property still has money owed on it and the payments are not made, the holder of the note can foreclose. If the owner of the property died, the fact that something is still owed on the property does not change. If no one makes the payments, foreclosure is still an option for the lien holder. If there was no will, a family member or group of them can step up and make a claim. So can anyone else who reasonably believes that the person who has passed on owes them something. But the court must be petitioned. Any winner(s) of a claim must make up the payments. If not, the mortgage holder has a first option on the property. If it passes through foreclosure, family or other petitioners may still press the mortgage holder for any monies (equity) over and above what the was owed on the note (plus costs) when the property is resold. Laws vary in different places, but the basic principles are relatively common. In any case similar to this, consult a local attorney. They often give free or low cost consultations, at least upon an initial visit. Make sure all of the facts are in hand before making an appointment.

Whether you're an adult wanting to date a minor,or a minor wanting to date an adult - either way,the adult member of the pair could find themselves in serious trouble -EPECIALLY if the word "dating" is being used to mean "having sex with." Additionally: If the minor's parents/guardian object, they could go to court and have the adult barred from having contact with their child.

Of course! In some countries its just a different date

A lis pendens will remain against the property which it was filed against until the lawsuit which the lis pendens warned of has concluded. At that time, the lis pendens will no longer encumber the property.

Someone made a big mistake when they gave only the wife a mortgage. The lender can foreclose on only her half interest in the property, not the husband's interest. The lender's interest will then depend upon how the couple held title. Depending on the state where the property is located a tenancy by the entirety would create the most difficult stuation for the lender. You should speak with an attorney to determine the status of that mortgage and your rights in your particular state.

If you weren't served an eviction notice and the case did not go to court, there will not be an eviction on your record. You can check the court records in your county to make sure there isn't an eviction on your record.

The homestead exemption for NM is $30,000 therefore it will be protected from forced sale in a BK. That amount can be doubled if the property is jointly titled. FYI, vehicle exemption is $4,000.

Yes, but you need to find out if there is a 180 day filing bar. (Yes automatically if there was a Motion for Relief from Stay).

If the case was dismissed without the filing bar and without prejudice, then you can refile immediately.

From the desk of R If you have not voluntarily signed the property over to the lender that you were in default with there may be a way. Depending on what state you are in there is a time set called "right of redemption period" The best experts to speak with that can offer you all of the details in your state are attorneys that deal with foreclosure. However, even when that process is available, (and even where applicable it normally only applies to Tax certitifcate foreclosures, not mortgage or creditor ones) it absolutely requires you to pay for the property, and all late fees, accrued interest, costs incurred in the sale and resale, and a, (normally fairly high), interest rate for the period the new buyer has had it plus any costs and imporvements made during the redemption period, in one lump sum. Generally meaning, even if you think you could possibly get a new mortgage for the place (which with a foreclosure claose at hand is unlikely), the amount of that mortgage (or that you would pay for it), is higher than it's value. In California, the only way is to re-purchase the property. If it sold at the foreclousre auction, even back to the lender, it's final. Adding: The proceeds of the foreclosure sale go to the one foreclosing. The title and ownership (making it possible for them to then get possession through eviction or such), go to the successful bidder. (This can be the same party, as in the bank). Only by buying the property back from that party, if they even are interested in selling, for whatever terms they demand (cash/terms/etc.), can one once again own it. Possession, which is the termmyour using but does not equal ownership, is possible if that new owner is interested in renting to you. (Of course, if it is the same lender that foreclosed, considering their last experience in receiving timely payments, they may not want to rent to the one they foreclosed on, if they are interested in renting at all!)

You should, of course, consult with a local attorney. I can tell you from working in a trustees office that forecloses on property, you can file bankruptcy and the sale will be put on hold until resolution. Just because you file bankruptcy, however, doesn't mean your house is safe. The creditor can file a motion for relief telling how far behind you are and such. Most likely, there will be some kind of work out in the form of a consent order which outlines an agreement in which you are to become current and states what is to happen if you default on the agreement. Some have notice of default clauses that mean if you fall behind, the creditor has to file such with the court and give you a specified time to catch up. Some state that if you default on the agreement, there is automatic default and the creditor can proceed with foreclosure. In short, filing bankruptcy can delay the foreclosure, but ultimately, it's up to you to come current after filing or something will be done.

Yes, that's what 'without prejudice' means. When something is dismissed with prejudice, this is due to some kind of misconduct on the side of the party making the claim. They're then disallowed from refiling it. However if it's dismissed without prejudice, often due to a precedural error, it can be refiled.