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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

What is next after notice of default is entered?

A foreclosure sale is set unless the default is vacated, by the filing of a pleading for instance.

I want to find metropolitan property realizations limited at freshwater house 458-162 shaftesbury avenue London wc2h8hr?

Metropolitan Property Realizations Ltd is a company under the Freshwater umbrella and does in fact exist at the registered office address - therefore letters, documents, etc. can be sent there.

How can someone file for a Supersedeas Bond when the judgment in the case was final?

The purpose of the bond is to maintain the status quo at the time of finial judgment. If a debtor can prove that the prevailing party will not be prejudiced by waiting to collect their judgment, then execution on that judgment can be stayed during the appeal. Although the judgment is final, the appellate court could find some error in the district court's actions and reverse that judgment. The bond allows the debtor to avoid the hardship of having their property liened and wages garnished if they can prove they will pay if the appellate court upholds the judgment.

Is a person responsible for paying liens on a house that has been foreclosed?

I believe that a lien on a property stays with the property, not with a person. The purchaser of the property will be responsible for any liens to get a clear title.

Define deficiency state?

A state that allows the foreclosing party to pursue the previous mortgagor for the difference of the sale price and the debt amount if the foreclosed home is not enough collateral to cover the debt.

Do you have to remove husbands name from deed to sale property?

He would have to agree to any sale of property that he owns jointly with you,

Unless you have a death certificate for him or he gave you a power of attorney document.

How long do you have to move out after a sheriffs sale?

When there is a sheriff's sale, a person typically has about 3 to 10 days to move. However, length can vary from state to state.

How do you avoid loan modification scams?

Loan modification scams often operate by charging homeowners thousands of dollars up front to negotiate an agreement with the bank. But instead of negotiating a modification, the company simply takes the money, does no work for the borrowers, and refuses to provide any sort of refund.

Many states have now made it illegal or more difficult for these types of companies to take money up front before any services have been provided. In some states, a successful loan modification or other agreement (such as a forbearance) must be negotiated before the company can take any money from the homeowners.

The best way to avoid such scams is to keep on top of the laws in the state in which the property is located in regards to foreclosure service providers. As well, homeowners should look up the company's online reputation, Better Business Bureau record of previous complaints, and any complaints filed through state or federal regulatory agencies.

What would happen if you quit claim property back to your mom who is deceased?

Obviously the quit claim would have been filed before the person's death. There-fore the deceased's property/estate would be handled pursuant to state probate laws. The property in question could be apportioned in accordance with the terms of the will, or if the person died intestate, under the applicable laws of the state of residency.

What are stipulations?

A stipulation of settlement is an addendum to a contract to protect any personal, public, or private interests in the event of a particular outcome. (i.e. The court case was in my favor, but in order to collect my settlement, I have to sign a gag order that prevents me from talking about the conditions of my settlement to anyone.)

If private property is being anexed by a town can property owners be forced into selling or being taken over by the town?

if your property is within a parcel of land being annexed by a town, firstly, there would have to be notice served upon the owners, second, there would have to be a public hearing, and thirdly, a vote by the board members approving the annexation...no..you cannot be forced to sell your land...and yes, you will be subject to the laws of the town which has annexed the land...your alternative is to bring an action in supreme court to stop the annexation, or to amend the amount of land to be taken, or to seek removal of your land from the projected annexation...speak with a lawyer who deals with municipal law

In Georgia usa how much notice must a lender give a borrower before selling a repo at auction in another state?

When you finance or lease a vehicle, your creditor holds important rights on the vehicle until you've made the last loan payment or fully paid off your lease obligation. These rights are established by the signed contract and by state law. If your payments are late or you default on your contract in any way, your creditor may have the right to repossess your car. Talking with Your Creditor

It is easier to try to prevent a vehicle repossession from taking place than to dispute it afterward. Contact your creditor when you realize you'll be late with a payment. Many creditors will work with you if they believe you'll be able to pay soon, even if slightly late. Sometimes you may be able to negotiate a delay in your payment or a revised schedule of payments. If you reach an agreement to modify your original contract, get it in writing to avoid questions later. Still, your creditor may refuse to accept late payments or make other changes in your contract and may demand that you return the car. By voluntarily agreeing to a repossession, you may reduce your creditor's expenses, which you would be responsible for paying. Remember that even if you return the car voluntarily, you're responsible for paying any deficiency on your credit or lease contract, and your creditor still may report the late payments and/or repossession on your credit report. Seizing the Car

In many states, your creditor has legal authority to seize your vehicle as soon as you default on your loan or lease. Because state laws differ, read your contract to find out what constitutes a "default." In most states, failing to make a payment on time or to meet your other contractual responsibilities are considered defaults. In some states, creditors are allowed on your property to seize your car without letting you know in advance. But creditors aren't usually allowed to "breach the peace" in connection with repossession. In some states, removing your car from a closed garage without your permission may constitute a breach of the peace. Creditors who breach the peace in seizing your car may have to pay you if they harm you or your property. A creditor usually can't keep or sell any personal property found inside. State laws also may require your creditor to use reasonable care to prevent others from removing your property from the repossessed car. If you find that your creditor can't account for articles left in your car, talk to an attorney about whether your state offers a right to compensation. Selling the Car

Once your creditor has repossessed your car, they may decide to sell it in either a public or private sale. In some states, your creditor must let you know what will happen to the car. For example, if a creditor chooses to sell the car at public auction, state law may require that the creditor tells you the date of the sale so that you can attend and participate in the bidding. If the vehicle is to be sold privately, you may have a right to know the date it will be sold. In either of these circumstances, you may be entitled to buy back the vehicle by paying the full amount you owe, plus any expenses connected with its repossession (such as storage and preparation for sale). In some states, the law allows you to reinstate your contract by paying the amount you owe, as well as repossession and related expenses (such as attorney fees). If you reclaim your car, you must make your payments on time and meet the terms of your reinstated or renegotiated contract to avoid another repossession. The creditor must sell a repossessed car in a "commercially reasonable manner" - according to standard custom in a particular business or an established market. The sale price might not be the highest possible price - or even what you may consider a good price. But a sale price far below fair market value may indicate that the sale was not commercially reasonable. Paying the Deficiency

A deficiency is any amount you still owe on your contract after your creditor sells the vehicle and applies the amount received to your unpaid obligation. For example, if you owe $2,500 on the car and your creditor sells the car for $1,500, the deficiency is $1,000 plus any other fees you owe under the contract, such as those related to the repossession and early termination of your lease or early payoff of your financing. In most states, a creditor who has followed the proper procedures for repossession and sale is allowed to sue you for a deficiency judgment to collect the remaining amount owed on your credit or lease contract. Depending on your state's law and other factors, if you are sued for a deficiency judgment, you should be notified of the date of the court hearing. This may be your only opportunity to present any legal defense. If your creditor breached the peace when seizing the vehicle or failed to sell the car in a commercially reasonable manner, you may have a legal defense against a deficiency judgment. An attorney will be able to tell you whether you have grounds to contest a deficiency judgment. Remember this repossession will stay on your credit for 7 years.

After foreclosure does the bank have to pay the condo fees in Florida?

Read the governing documents to verify the language, which probably states that a unit owner is responsible for monthly assessments -- regardless of the state in which the association is located.

Some banks would, of course, prefer not to pay monthly assessments on foreclosed condominium units.

However, since these monies pay for the operation of the community, and the bank is now a part owner of these commonly held real estate assets, the bank should pay the assessments related to the unit which it now owns.

What is a tone arm length?

That question belongs to a vinyl record player. It is the distance from the pivot of the tone arm to the cartridge with the replay needle.

Does second home have to be 50 miles away from primary residence?

Per Fannie MAe and Freddie Mac Guidelines a second home has to be at least 50 miles from the borrower's primary residence. If the primary residence is close to a coastal region I believe the underwriter could make an acception, but I'm not entirely sure about that. For more information on underwriting guidelines visit www.fanniemae.com or www.freddiemac.com Once there you can navigate to a PDF version of the underwriting guidelines (a typical loan is called a C30). Once you open it up in Adobe Reader you can type a word or words in the "Find" box and it will jump to the subject you are looking for that way you don't have to skim through all 130 pages.

Can you collect disablity if injured at home while not employed?

disability is a benefit for people who can never work again (example) elderly sick,heart surgery,something broken,blind, handicap etc....sounds like you looking for unemployment insurance big diff. * Social Security eligibility is based upon the number of work quarters the person has accumulated, the nature of the injury or illness, and many other factors. Supplemental Security Insurance (SSI), also under the jurisdiction of the Social Security Administration, is for disabled persons who have not been employed or do not meet SSD requirements. RRBD and other governmental disability programs are basically the same as are SSA programs. Private disability insurance is a different issue. The Social Security Administration website has all the necessary information and forms for all SS matters. Social Security Administration, http://www.ssa.gov

What does a non -deficiency state mean?

i was told that Arizona is a non deficiency state. that means when the bank loaned you money on your house they took the risk of values going down. so, if they agree to a short sale on your house and the loan is for 200,000 but you can only sell it for 180,000, the bank eats the difference not you. as long as you don't sign a note saying that you will repay the difference.

Can you find out what bank owns a foreclose property I want to purchase?

You would go to the land records office where the property is located and ask the staff to show you how to research a property by using the property address. A little research should reveal the present owner.

How does one acquire an abandoned property if the owner can't be found?

Check with the tax assessor's office to see if the property has been taken by the town for non-payment of property taxes. Generally, the only way to buy "abandoned property" is to purchase it from the town because towns have the authority to take title to property when the taxes are in default. In the United States, title to real property must be transferred legally- you can't just claim it. Inquire about purchasing it from the town.

You could also explore the adverse possession laws in your state.

Can a living trust override a Quitclaim deed in Oklahoma?

It's certainly a possibility. Quitclaim deeds are the most risky way to transfer property. They do not guarantee that the person transferring the property has clear title or the legal right to take the action making such a transfer open to legal challenge.

What legal actions can be taken if a mortgage company files foreclosure 2 months after they have accepted payment in full based on a 'mistake' caused by payment dept not updating foreclosure dept?

It would probably be best for the homeowners to hire an attorney to file any necessary paperwork with the courts. Every state and county and court has its own rules of evidence and rules of procedure, and not following these rules can mean the homeowners' paperwork is thrown out on some technicality, which would allow the bank to continue the unjust foreclosure.

But one legal action may be getting an injunction against the bank for any further foreclosure proceedings until a hearing is scheduled to determine the merits of the case. This prevents the bank from trying to collect further payments, send representatives to drive by the house, send appraisers to determine a value, or ask the sheriff to change the locks.

Also, filing a motion to dismiss the case for failure to prosecute would be another tactic that could be used. The homeowners should take the paperwork they have that shows the loan was paid in full, including the final payment (either canceled check or confirmation number for online payment), and speak with the judge in the case.

A final legal action is just to file an appropriate answer with the court to the lender's complaint laying out the reason for the foreclosure proceedings in the first place. The judge will have to take into account the fact that the homeowners are claiming the loan has been paid in full and have submitted evidence to prove that point.

But again, these actions should be taken only if the homeowners understand the rules of the court. If they do not understand the rules, then they may want to hire an experienced attorney to file the paperwork for them, or to show them how it should be filed. Attorneys can be hired as "coaches," in some cases, just giving advice on how to file motions and argue cases. That might be appropriate for some homeowners.

What are 'proceeds'?

There are several different ways the word "proceeds" can be used. Proceeds are the value of land, goods or investments when converted into money or something else of value. Proceeds indicates a change in form of an asset. Proceeds can be the amount of money received from a sale. A more interesting example is provided in Black's Law Dictionary: If a farmer borrows money from a bank to plant wheat, giving the bank a security interest in the harvest, the harvested wheat is considered collateral. Alternatively, if the farmer exchanges some of the harvested wheat for a tractor, the tractor becomes the proceeds of the wheat.