Foreclosure

Liens are due when the property is sold, and are the responsibility of the seller(s). A foreclosure is not a sale.

I'M NOT A LAWYER, BUT I KNOW A LITTLE AND THEY HAVE TO HAVE A SEARCH WARRENT IN ORDER TO EVEN ENTER YOUR HOUSE TO TAKE ANYTHING. NOW IF YOU LET THEM IN THEY STILL CAN'T TAKE ANYTHING BECAUSE THEY HAVE TO HAVE A VALID REASON FOR DOING SO. IF NOT ANY COP CAN COME INTO THE HOUSE OF ANYONE AND TAKE WHAT THEY WANT. THAT'S WHY A POLICE OFFICER TALKS TO THE DISTRICT ATTORNEY WHERE AS HE POSES TO A JUDGE THE REASON THEY GAVE HIM THAT WOULD WARRENT A SEARCH IN YOUR HOUSE IMPORTANT FOR A CASE AND IF THAT JUDGE SEE'S IT FIT WILL GRANT THE SEARCH IF NOT THEN IT'S AND ILLEGAL SEARCH IF I'M NOT MISTAKEN WHICH I CAN BE. KNOW FROM A FORECLOSED HOME USUALLY THERE IS ALREADY AN ORDER TO EVACUATE PROPERTY FROM THE HOME TO "FORECLOSE" SOME KIND OF CONTRACT OR AGREEMENT. IF SO THEN I THINK SO BUT YOU HAVE TO GET A PAPER STATING THIS BEFORE THIS HAPPENS. ANYTHING OF VALUE WILL BE TAKEN, BUT I THINK THE POLICE ONLY ARE THERE TO SEE THAT THERE IS NO ONE GETTING IN THE WAY OF THIS PROCEDURE TAKING PLACE. GOOD LUCK BYE BYE.

Many portions of what I could understand in the above, (hard to read, if nothing else), is incorrect or misleading for the circumstances. The house is foreclosed. It isn't yours. The owner wants possession. Your possession is illegal. They can pretty much enter as they want. No search warrant is needed. (They aren't searching for anything, anyway.) Similar to they can enter a property in pursuit of, or upon seeing, an illegal action or criminal. The courts have ordered the sherriff to remove you and your goods and give possession to the owner anyway.

In reality, most sherrifs (or anyone else involved before this too) would rather work with you on what needs to happen than just move your stuff on the street. But, if you think that means be jerked around with by you....(and certainly don't think you can outsmart them (believing they can't do it when your not around, break a lock, too busy/sick, something is illegal and they can't do it, etc., etc.), they do this daily and everyone tries to stay longer and longer), and you would be entirely mistaken.

Fact is, you didn't pay as you had promised to, for some time (that is a very real form of lieing), didn't work to save the property or even make life any easier on anyone else that had to act to preserve their rights and not lose more because of you. (Yup...had you originally tried to work with the mortgage co, the costs would have been lower for all, and you may be still living there by an agreement helping to maintain and sell it). Instead, you made things harder and more expensive, ignoring the notices and attempts to have you willingly give the property up - now to it's actual owners - and there isn't any reason for much sympathy to be given to YOU now. Why not change your why of doing things ( I mean, clearly what you are doing isn't working well) and try doing the honorable thing? Find another place (albeit you may actually now have to pay for it yourself), pack and move there....maybe even clean up after yourself as you leave. Quit being a burden on everyone else...even for one day more.

WAKE UP. You have been given notice about what will happen....that is what all those things about not paying your debts and mortgage,the whole foreclosure, opportunity to respond to court letters, etc., are about. YOUR ON NOTICE...the property may be foreclosed and your right to live there ended. People/Places gave you a chance to have the home that you wanted....they gave you loans and acted on your promises....and you screwed them...what do you think they should give you now?

You should check the language in the instrument that created the easement. Often there is language as to obligations and rights that is not carried forward in deeds. The title company or attorney who represented you should have a copy of the original easement. If the deed that created the easement is silent as to upkeep then no one is responsible and the responsibility may fall to the one who needs to use it for access. In that case, the parties may need to make a new agreement.

This would depend on what defenses, if any you have, and what your objectives are. Some people want to reinstate their mortgage. Some want to get a loan modification. Some want to buy some time before they have to leave. Some want to get a short sale. Some want to be able to give a deed in lieu of foreclosure. Without more information, there is way to be more specific.

If you want to defend on the merits, you'll need to timely submit truthful affidavits that call into dispute material facts.

As of now, we do not have an attorney-client relationship and nothing herein is or may be relied on as legal advice.

If you'd like to retain an attorney, there are many that do foreclosure defense. If you want to reach me, you can review my website at www.MurphysLawFirm.net

Good luck.

At present four U.S. states - North Carolina, Pennsylvania, South Carolina and Texas - do not allow wage garnishment at all except for debts related to taxes, child support, federally guaranteed student loans, and court-ordered fines or restitution for a crime the debtor committed. Normally the maximum is 25% of wages.

about 10,000 dollars a year if you find a cheap one

It means that the legal aspect of the foreclosure has been finished.

it depends what state you live in You will have to be moved out of the house the day before closing, so that when the people sign the mortgage and the loan is funded, they can move their stuff in. Also, the buyers are entitled to a walk through before signing, so having the home clean and empty makes that process easier. You can stipulate any delays in the sales contract, such as waiting until school is out, but you may lose the sale if the buyers are unable to agree to that.

I just got a HELOC from a national bank and I was told that I CANNOT use it as a down payment on a new home. They called it a bridge loan. I don't get it. IT'S MY MONEY yet I can't spend it where I want to. Does anyone know if that's legal ?

When a foreclosure is conducted according to law, the debtor's right of redemption is forever barred by the foreclosure. That means the debtor has lost the title to the property and the lender is the new owner. That phrase is also used when a municipality takes possession of a property for non-payment of real estate taxes through a judicial process. The final court decree in a tax title case forever bars the delinquent owner's right of redemption by reason of the tax foreclosure.

And?

If your not in bankruptcy where the excess may be discharged (only after using your other assets to satisfy this and other debts), you will still be liable for the deficit.

You borrowed the money using the house as collateral...you agreed to pay back all of what you owed...if you sold the house or if you forced them to makes no difference. If you made a bad investment, or didn't maintain it well, the lender isn't liable...he only did what you asked him, gave you money. If you, (or they), sold it for more and there was excess, you would have rightfully expected it to have been yours.

And yes, you also owe them all the missed payment, penalties and interest along with the costs of having to foreclose.

==One Answer== Perhaps those words have been taken out of context. The property may be owned by a trust named after the street on which the property is located such as "25-35 Maple Street Trust".

PLACING SOMETHING OF VALUE DOWN AS A GUARANTEE OF PAYMENT ,WHICH YOU WILL LOSE IF YOU DEFAULT .

You had to sign and file a "statement of Intention" indicating if you were surrendering the house or reaffirming the debt. If the mortgage company did not send you a reaffirmation agreement, or your lawyer did not prepare one, you should still be able to keep the house, assuming you have continued to make the mortgage payments.

If you did not, and are seriously in arrears, you will have to see if a chapter 13 is possible.

See a knowledgeable bankruptcy lawyer.

Banks can foreclose in as short as 90 calendar days.

In Tennessee, the lien that was properly recorded first in the Register of Deeds Office for the County where the property is located is the superior lien and will be paid before all others, even if a junior lienholder initiates the foreclosure proceeding.

If you haven't consulted with an attorney, it would be a good idea to do so. The short answer to your question is "It Depends?" Is the house is in both your names and you have both been living togather at the residence it belongs to both of you until a judge tells you otherwise. However arranging for law enforcement to keep the peace would be a good idea.This can also vary state to state. Domestic issues can escalate and turn violent quickly. If you don't have an attorney to ask you can call your local police department and ask them what their procedure is. Some will call the spouse and set a time and avoid a unecessary confrontaqtion.(use the non emergency phone number to call.) If the house is only in the spouses name then they don't have to allow you on the property. That also varies state to state.Keep in mind law enforcement can only supervise and assure the safety of both parties. They can not determine what can or cant be taken from the home. They are also not professional movers so don't expect them to caryy and lift your belongings. They are there to keep the peace. Its not a good idea to just show up with other family members or children. If at all possible try and arrange a time and specify what you want to remove ahead of time. Docuument everything that you remove and leave a copy with your spouse. Even the most reasonable rational people can turn ugly when faced with domestic issues.

t is very possible that the amount owed on a previous foreclosed house will be put in the past due amount. This depends on the state the house is located and their laws concerning such. It is becoming more and more common that mortgage companies, banks, etc are pursuing the difference of what was owed on that property and what that property actually sold for.

Yes, your vested interest could be cut off.

A short closure of contract is typically called a short sale. In a short sale, the owner works with the bank to sell the property at a price less than the market value. The goal is to get as much of the loan paid as possible. The owners owe the bank the difference between the sale price and the loan amount whereas in a foreclosure the buyer just walks away and owes much more.