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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

Who is BAC Home Loans Servicing LP?

BAC Home Loans Servicing, LLP is part of Bank of America.

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They call me every day about my home loan. Which might seem legitimate unless you take into account the fact that I am not, nor have I ever been, a homeowner and I do not have and never have had a mortgage.

Bank of America and Recontrust appear to be the same companies. Slightly (3 digits) different numbers but SAME mail stops SVW-88. See below:

DATED: 09/03/2008 RECONTRUST COMPANY

1757 TAPO CANYON ROAD, SVW-88

SIMI VALLEY, CA 93063 Phone: (800) 281 8219, Sale

Information (626) 927-4399 By: - Trustee's Sale

Officer RECONTRUST COMPANY is a debt collectorattempting to collect a debt. Any information Obtained will be used for that purpose. ASAP# 3625868 07/01/2010, 07/08/2010, 07/15/2010

7/1, 7/8, 7/15/10

PRE-1892558#

BELL GARDENS REVIEW - Publishing Newspaper in Calif.

Then, per the Bingham County, Idaho, Tax Collector's Office for a foreclosed property at 1252 - N 1150 E, Shelley, ID.

BAC (bank of america) Home Loans Servicing, LP

1800 - Yapo Canyon Rd

Mail Stop SVW-88

Simi Valley, CA 93063

Your father wishes to gift his property to you and your 7 brothers and sisters Is an irrevocable trust the best way to do this and how would the family members take title to the property?

Father can simply execute a deed naming all 8 family members as the new owners, and perhaps reserve a life estate for himself. There may be gift tax implications if the property given is worth more than, say, $88,000 (the $11,000 annual U.S. exemption for individual gifts, times the number of people receiving the gift). Each person could also be given a smaller portion, spread over a longer term, to avoid this gift tax problem.

An "irrevocable trust", by itself, does not "gift" the property to anyone, except by its terms, which could be identical to the terms of a will, which would be a lot less complicated to establish and maintain.

If the property is worth more than a million dollars, it may be worth having an estate planning attorney discuss planning and tax issues.

In foreclosure is it illegal to evict former owner without notice?

No, it probably is not illegal. Once you have the notice of foreclosure, then you should make plans to move. Some companies move faster than others, but basically if you are not paying for the housing, you have no right to remain in the house.

How do i serve eviction notice in Arkansas?

Hi,

I'm not sure about Arkansas, but I had to evict a loud (and destructive) tenant of mine last year, and my wife found out about a site that serves the eviction notices for you, and makes sure you get the right one.

We're from Washington, and the laws and stuff that the forms followed seemed pretty legit.

The sites fastlandlordforms.com, but it looks different than it did when we used it last year. I emailed them and asked if they were the same, and within a day or so they got back to me, and they are!

Good luck with your tenant.

Can you get personal property out of foreclosed home?

Yes. However, you should make sure you understand what is NOT personal property. You should not take anything out that is permanently affixed to the real estate such as light fixtures, plumbing fixtures, water heater, furnace, etc. You should also make certain the property is removed well before the foreclosure sale and that the premises are not damaged while you remove your property.

The premises should be relatively clean. Many properties that are foreclosed are left in a mess and need to be cleaned out by a professional cleaning service. The service will discard anything left in the house and on the premises. That cost will be added to the costs of the foreclosure. You should do the best you can under the circumstances.

Can you file a foreclosure action yourself on a debtor without using atty?

While it certainly is possible to represent yourself (pro se) it is generally not a good idea to tackle a foreclosure filing without professional advice. You may find a law firm who will work with you and give you only the assistance you need for reasonable fees, such as answering specific questions. However, as a general rule, representing yourself in a court action, especially one which MAY become contentious (such as a foreclosure) is not necessarily a good idea.

Can supplementary deed supersede trust deed?

The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.

The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.

The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.

The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.

Landlord sued for damages knowing the ins money was in the escrow acct and he sold the house as is is this legal?

Yes, it is Legal. The landlord or property owner is entitled to compensation for damages to his property. The law does not require that he use that compensation to repair his property. It is the property owners choice what he does with the money. He may decide to use his compensation to repair the property thereby restoring it to it's former state and value or he may decide to accept the decreased value and use his copensation to buy a different property or to invest it else where. In the Insurance Industry, This comes under the principle of Indemnity.

I bought a house on contract bond for deed the seller took out a mortgage on this house and we recently found out that he is losing it by foreclosure what do I do?

You need to seek the advice of an attorney in your area ASAP. Bring a copy of your contract with you. You have encountered one of the worst disadvantages of purchasing real estate via a contract for deed. You can read all the aspects of such a sale at the link below. Scroll down to "Contract For Deed".

How long can you stay on property after sheriff sale in Lafayette Indiana?

You will be able to stay on the property a minimum of 30 days. Usually you are allowed longer depending on who bought the property>

Can you still rent during bankruptcy and losing home to foreclosure?

When you are declared as bankrupt you still have to live somewhere so yes you may still rent a property for yourself to live in but you are not permitted to own one .




Actually you can rent and you can also own a home when you declare bankruptcy. Bankruptcy allows an individual or family a car, a place to live, utilities. You can even have TV and internet while in bankruptcy. Everything that one needs to live a normal life. You just can't have excess. Like money or vacations, recreational boats and stuff of that nature. You should do an internet search about bankruptcy and you will find out that it can help those who are really down and out.

If your house is foreclosed on what happens if you get a personal lender and get a new house Can they put a lien on the new house?

Check the laws in your state, but NO, they cannot. Your old house secures the mortgage on THAT house. Nothing else.

If one rents a retail property and a fire occurs who is liable for damages the tenant or the property owner?

Answer 1, Fire LiabilityIt depends on whose fault it was. If the tenant started the fire via a cigarette, stove burner, candle left lit, or any other cause by the tenant, then the tenant is liable for all damages. If the fire is caused by the structural failure (i.e. electrical problem, gas leak) then the landlord is responsible for the damages. However, the landlord is not responsible for belongings that were inside. Renters insurance would take care of that and the insurance carrier would pay out such a claim. If the fire is caused by someone other than the tenant or landlord, then the landlord is responsible as well. However, property insurance will cover a landlord in most cases should the landlord not be found liable for the loss. A fire investigation will reveal what happened in the case of any fire. Answer 2, Additional InputI am forced to respectfully disagree with part of answer 1, which otherwise is very good.

In order to support my position, allow me to provide some of my qualifications. Before retirement, I spent two years as a Firefighter, and 25 years as an Investigator/Expert Witness/Consultant in the Origin and Cause of Fire/Arson/Explosion. I have worked WITH [both for and against] MOST of the major insurance carriers in the country.

Answer 1's statement--"If the fire is caused by the structural failue (i.e. electrical problem, gas leak) then the landlord is responsible for the damages."

This is not always true. Even though his liability insurance carrier MAY CHOOSE to accept liability AND PAY THE TENANT, the landlord is not actually liable UNLESS he was NEGLIGENT, AND DETERMINED SO IN A COURT OF LAW.

If the cause of the fire is something of which he was aware, or if it can be proved in court he should have been aware, then he COULD be found NEGLIGENT. If the cause was something he could not have forseen or prevented, then the chances are that a jury would find in his favor, not negligent, and not liable for tenant's damage.

The second statement with which I have to disagree is--"If the fire is caused by someone other than the tenant or landlord, then the landlord is responsible as well." This is unbelievable.

I will give a couple, of possibly hundreds, of examples of cases in which no jury on Earth would hold the landlord responsible and liable.

First, is an example which is not "conjured up," as I worked many such cases over the years, and it continues to occur.

Consider that a criminal parolee [already a two-time loser in a "three-strike" state] breaks into the business during the night. He "digs" through all the drawers, cabinets, cash register, etc. looking for the money most business keep there overnight. When it is time to leave, he realizes that he has left his fingerprints everywhere, and it would be impossible to "wipe" the entire place down.

A common solution many criminals use is to set the place on fire, thinking and hoping that his fingerprints will be destroyed. I just cannot believe that you, or any jury, would have the gall to hold the landlord responsible and liable.

Another type of case which I have seen more than once is that of a vehicle driver, having lost control, crashing into the building. Then, either the vehicle caught fire, or something inside the building caught fire. There is NO WAY the landlord should be determined to be either responsible or liable.

IF ANYONE DISAGREES WITH MY ANALYSIS, please add your analysis, WITH SUPPORTING examples, to this answer. I WILL continue to monitor this question/answer because I have to know how a landlord can be held responsible and liable for a third party's actions.

Could you answer me This?I am currently leasing a commercial building (currently at 3 years out of 7) The front office has just gone up in flames. The fire department was able to contain fire and the building was deemed safe to work in. it has now been 5 days and the landlord has come by to take pictures and notes of damage but has only said two words since the incident "good luck." now...here is my dilemma...i don't have renters insurance or General Liability. My business has suffered tremendously over the past year. i went from earning 200k a year for the past 10 years to living pay check to pay check. so insurance is no longer something i can afford. fire department has stated that "a unattended heater was the cause of fire on the west side of the office..." it is not a heater they see but a water cooler with hot and cold option.

I've had a electrician come by and take a look at the damages and without saying anything asked him to search for what he would believe is the cause. He also concluded it came from the water cooler but asked for me to purchase another similar cooler to determine if the cooler had a faulty surge protector. I've been unable to find the same model in water cooler and have now run out of ideas on what to do.

what would you suggest for me to do next? should i get another professional opinion? since i don't have insurance, should i offer to pay his liability deductible or pay out of pocket? if i was to seek another professional opinion on cause of fire, from who? is there such a dedicated profession? and if so, under what listing? this is my first incident and i feel so lost. Any help or direction would be greatly appreciated. thank you in advance.

Answer

I'm very sorry for your loss. It appears though (from your description) that you are liable for the damages. It would probably be a waste of time and money getting a third opinion since 2 have already agreed on the cause. I would suggest that you find a reasonable and reputable contractor to begin the repairs. If you can expedite repair of the damages, the landlord may opt not to sue you.

I filed chapter 7 bankruptcy 2 years ago can I now file chapter 13 to save my home?

Under the bankruptcy laws effective from October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago.

The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.

That's only a very small part of an answer to your question...the real one being: bankruptcy is for resolving an extraordinary bad luck in life event...a once in a lifetime event. Its a real break..that in most parts of the world you just don't get..there you pay your debts, or your kids, family do, or (and frequently it's AND) very bad things happen to you. But most certainly, your not a trusted member of the community ever again..and you ain't reneging on your solemn oath to pay again.

If your looking and think you need to do it a few years after having done it, until you substantially change your ways....likely just about everything in your spending habits and probably even how and what you feel you deserve from others and yourself....you'll just continue being a bankrupt... in ways much more than money. Hey...wake up...what your doing...what your taking from others...it obviously ain't working for you and certainly ain't making you rich. Change. NOW.

The mortgage is in your name only but the title is in you and your ex. What can you do if your ex is late on the mortgage payments?

If your name is also on the legal title, you are equally as responsibly for making certain all payments are made on time. Doesn't matter whose name is on the payment coupons - that's just for mailing purposed most likely ... Best bet is to get her off the title, which usually happens only when one refinances the mortgage. That's the only way to change the original Deed of Trust.

Answer

If you are the only one who signed the mortgage then a default will be reported on your credit record and your credit will be ruined. If you conveyed an interest in your property to your "ex" after you signed a mortgage, the ex has no legal obligation to pay but they own a half interest in the property. If you want to protect your credit and your property from foreclosure you must pay the mortgage.

You would need to get a quitclaim deed from your ex in order to restore the title to your name alone.

How do you dewinterize a house that was bought foreclosed?

I just took over a foreclosed home and i spent all morning calling plumbers to come out and unwinterize the house. they told me i can do it myself. Here's how. get 2 or 3 people, the other people are to be in the house 2 make sure all valves, hoses, anything that connects 2 water is turned off including washing machine hookups. the turn on the water usually in the ground near a telephone pole in my front yard (in my case) where the water meter is.... the house should have water turn on the hot water in the tub or sumthin and the water heater should fill up with hot water supposedely.. i don't know if this works yet cuz i have 2 more days till my water is Abe 2 turn on. i help this helps someone. i guess its better than nothing

Addition: I learned the hard way (don't ask), but one of the most important check points is the water heater drain valve (make sure it is not open from the people who winterized it).

Can you get out of a deed of trust?

Yes, by paying off the debt.

Yes, by paying off the debt.

Yes, by paying off the debt.

Yes, by paying off the debt.

In California if you refinanced a home loan into a first -80 percent loan and a second -20 percent loan but did not take cash out of the refinance does either loan become a recourse loan?

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Where can one find foreclosed homes for sale in Nevada?

One can find foreclosed homes for sale in Nevada online via realtor sites. There are several different realtors that offer this kind of information to the public.

Is a landlord exempt from giving 30-days notice stated in the lease agreement to a tenant if the property is about to be sold at foreclosure?

No. If the property is about to be foreclosed, the landlord has no obligation to give the tenant any notice of anything. After the foreclosure, the landlord will have nothing to do with the tenant.

Mechanics lien on your house that is included in a Chapter 13 Can the lien holder start foreclosure on your house?

Yes they can, you will need to file a demurrer to inform the court that the house is involved in a bankruptcy - that may not avoid foreclosure however, it may only delay it.