Foreclosure

In Florida, when a party against whom action for affirmative relief has been filed (Defendant) fails to file an answer or serve any paper in the action within the time frame permitted by the rules of civil procedure, the party seeking relief (Plaintiff) may have the Clerk of the Court enter a default. The Plaintiff files a Motion for Default with the Clerk and provides a proposed Order. The Clerk will review the file and if it is found no answer was filed by the Defendant, the Clerk will sign the Order entering the Default.

There is no reason for it to expire. If you've been served an eviction notice, then you are to leave the property. They may come and remove your property and change the locks if you leave the place unattended.

Answer:

An eviction notice need to be served within 30 days and it will only be expired on the date that you already move out from the place.

A deed is the instrument used to transfer title to real estate. A deed of trust transfers property to someone to be held in trust for another. A deed of trust can have different meanings in different jurisdictions. In some states a deed of trust has the effect of a mortgage. A trustee holds the property until the debt has been paid. In other jurisdictions a deed of trust is a deed that transfers real property to a trustee who will hold title to the property indefinitely according to the terms of the trust. The trust may be one that was created in a separate instrument that is referenced in the deed or the trust may be set forth in the deed itself.

You can dismiss a bankruptcy at any time.

You can sell a home during a bankruptcy as well.

Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.

Tax liens are not wiped out by a foreclosure. They must be paid in order to clear the title to the property so that it can be sold. If the lender has to pay them it will add that amount to the amount you owe.

Absolutely...in fact if you file BK you must include them

EVERYTHING you own and EVERYTHING you owe is included in the BK and must be reported. They are given different classes, some debts can't be discharged and some assets cannot be taken, and the assets are used to pay the liabilities. YOU CANNOT PICK AND CHOSE WHAT IS INVOLVED.

Secured loans have first call on the money from the sale of the asset that secures the debt...if it isn't enough to pay off the loan...the remainder is a claim as any other general creditor against all other assets.

Is the identification and continued safe possession of physical evidence from the moment it has been found to when it is accepted as evidence in court.

Either attempt to renegotiate the terms of your mortgage with your lender or file for bankruptcy.

according to this website, NC does have an anti-deficiency provision.

http://www.helocbasics.com/list-of-non-recourse-mortgage-states-and-anti-deficiency-statutes/

Every state has Land Records and they are public records so anyone can view them. Depending on the state you may be able to access on line or at least go to the Land Records division of the courthouse in your county and look it up.

Debt collection in Kentucky is long. The creditor has up to 15 years to collect on a written agreement. They have 5 years for an Oral agreement or Credit Card.

State laws regulate the length of time a person is given to vacate premises. In some instances it can be as little as 30 days in others a year or more. The eviction date should have been included in the court papers that were presented to the parties involved.

In civil law, the party who is served with the papers beginning the civil action, and is defending the lawsuit is called the "defendant"; the party who brings the lawsuit is called the "plaintiff".

In the strictest sense, the person in a criminal 'lawsuit' not a civil proceeding, is called a "defendant". The party, in the criminal action, who brings the lawsuit, a criminal proceeding, is called the "State". The representative for the criminal action against the is a Prosecutor.

Please see the discussion page for further notions about using the word "defendant" instead of the label "accused" in a criminal proceeding.

In order to procure a judgment against someone for debt, due process has to be followed. Filing a lawsuit in the appropriate venue,(usually Small Claims Court). Obtaining a hearing date, going through the hearing/trial process and being awarded a judgment. Then the judgment has to be enforced which also has specific steps to be followed. Consult court procedures governing lasuits and judgments for your state of residency.

Realtors typically charge around 6% between commission and fees for selling a home. That amount is typically split roughly in half between listing broker & selling broker. Some custom services may be available for a greater or lower percent in your region, depending on the scope of work and market conditions.

Under the changes to the bankruptcy law, a debtor can refile his Chapter 13 case. You will have to provide the judge a good reason to allow it, (which really means something like a change in your financial situation so you can now do what you didn't)...not that you now understand want it more than before. Some judges flex a bit on this, but it is very situational.

If case #2 is filed within 12 months that case #1 was pending, then the automatic stay is not absolute. Instead, the automatic stay does go into effect, but it terminates in 30 days unless the debtor files a motion with the court and convinces the judge to extend the stay. If the judge does not extend the stay, then it would come to an end in 30 days and the creditors/mortgage company would be free to re-start foreclosure/collection proceedings.

The trustee will retain an attorney then proceed to list and sell your house. You will have no say in who buys it or at what price. You will receive notice once they have a buyer and offers will continue to be accepted up until a final date which you and all of your creditors will be noticed of.

The estate is responsible to pay off the mortgage. Usually this is done by selling the mortgaged property, paying off the mortgage holder and then putting the balance into the estate. The balance will be used to pay off other debts, if any, and then be distributed according to the will, or if there isn't a will, according to the laws of the state.

Doesn't matter. Before or during can be easier for you though.

Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.

a deficiency judgment should be discharged in a chapter 7 bankruptcy. You should file after you receive the judgment.Im pretty sure this debt would be classified as a unsecured debt.Also, I could be wrong but if you have already filed a bankruptcy then the lender foreclosed and there is a deficiency , the bankruptcy would prove you were insolvent.I think you only have 90 days after you first file.Again I could be wrong. a deficiency judgment should be discharged in a chapter 7 bankruptcy. You should file after you receive the judgment.Im pretty sure this debt would be classified as a unsecured debt.Also, I could be wrong but if you have already filed a bankruptcy then the lender foreclosed and there is a deficiency , the bankruptcy would prove you were insolvent.I think you only have 90 days after you first file.Again I could be wrong.

I hate to sound like a lawyer, but it depends. If you have separate credit reporting accounts, it may affect the wife's credit slightly. If there is only a joint credit account, yes, it will affect the wife's credit the same as the husband's.

You can ask the 3 major credit reporting agencies (Experian, TransUnion and Equifax) to separate out your credit histories. If the foreclosure has already started, it may be too late. Get a free credit report from each (once each year) at www.annualcreditreport.com.

One of the most important aspects of Chapter 13 bankruptcy and how it relates to the home mortgage foreclosure process is its ability to put the entire proceedings on hold, no matter how far along they have gone or when they homeowners file for bankruptcy. This means that foreclosure victims can, in many cases, wait until just a few hours before their home is scheduled to be auctioned at a county sheriff sale, and still have the sale stopped.

The stopping of an auction is possible by filing bankruptcy due to the fact that filing immediately creates a federal court order known by the term "Order for Relief." This is also commonly referred to as the "automatic stay," and prohibits any creditors from continuing to engage in collection activities. As the sale of a property to satisfy a foreclosure judgment counts as a collection effort on the part of the mortgage company, the auction is prohibited by federal court order once the homeowners enter into bankruptcy.

Due to the Bankruptcy Abuse Prevention and Consumer Protection Act, passed in October 2005, homeowners with little time to find a solution need to be aware of at least one new aspect of filing bankruptcy. A new requirement stipulates that borrowers must have attended credit counseling within the 180-day period before the petition is filed with the court. If homeowners have not completed this before they file, the bankruptcy will have no effect.

For homeowners who are considering filing bankruptcy to stop foreclosure on the day of the county auction, it is even more important to make sure the credit counseling requirement is taken care of. Courts are split as to whether or not counseling on the same day as the filing is acceptable or not, with some agreeing that same-day counseling just needs to be completed before the petition is filed, while others argue that the counseling should be done at least one day in advance. As a general rule, it may be better just to get the counseling done long before a final decision as to whether or not to file is made.

One of the main drawbacks to filing bankruptcy a few hours before the sheriff sale of a foreclosed house, though, is that the county government will typically not be aware of the automatic stay going into effect until after the house has been auctioned. The courts do not move swiftly enough to alert all creditors that the borrowers have filed their petition with the court, so it is likely the auction will go ahead as scheduled, while the homeowners will have to try and have the sale rescinded or reversed at a later date.

Unfortunately, this is easier said than done, due to the difficulty of convincing large bureaucracies like banks and county court systems to reverse any of their actions or decisions. Homeowners who know they filed for bankruptcy in time to stop the sale may find out later on that the house was auctioned as planned and that the county no longer lists them as owners of the property. This can be especially frustrating, as it is now up to the owners to proceed correctly to have the sale reversed and their names put back into the ownership records, a process which can take months.

Getting a devorce and house is facing forclosure but my name is not on deed. Am I liable.