Can the mother of a deceased sell personal property belonging to his spouse before the 40 days?
I don't know the law in the US but I am sure that the mother of a deceased person could NEVER sell the property of his spouse (widow?) or even the deceased's property as the spouse (widow) would be next of kin and even if there was not a will the law has rules about this kind of thing Lock the woman out.
Yes, you can submit to the lender a document called a deed of foreclosure.
no
Your detailed question describes a situation where you failed to honour the governing documents -- which you agreed in writing to honour, so the association chose filing a lien as a way to 'get your attention'.
Each of the different types of liens, regardless of which was used in your case, encumber your title: you will not be able to sell or otherwise use the property as collateral until the lien is lifted.
Your local hall of records clerk can tell you which type of lien is on your title.
Best practices dictate that you ask the association what actions you must complete in order for the association to release the lien. This may mean removing the pool, which by your own admission, you installed against the rules of the private democracy where you own the property.
Foreclosure of an HOA unit usually means that someone other than you owns the unit.
Depending on your situation, and depending on the claim filed for monies you owe, you may be personally liable for these amounts also.
In addition, if you've been allowed to remain in the unit as a tenant, for example, you maybe responsible for these monies.
Your attorney can help you understand your particular responsibility in your unique situation.
Can you do a cram down on your primary residence?
No. You apparently don't know what a cram down is to think you could force it upon a secured creditor.
Ya' think maybe your stupidiity or ignorance is why you are a bankrupt/insolvent?
Maybe you should simply try holding to your sworn agreement to pay something as promised, before becoming a financial and legal wiz, and thinking you can controll or outsmart ...force.."cram it down" what you want, to all those expert lawers and such empoyed by all those well experienced lenders? Who have seen it, literally millions of times before? Nope, I'm sure you, asking here, have a way to force them to accept what YOU want.
Hope that helps getting you on track.
Just curious, enliighten me, what does cram down mean again?
In Mississippi After a foreclosure can the bank take you to court for repairs to sell the house?
I think you miss the point of the forclosure that is to sell the house to discharge the morgage what ever is not recovered from the sale of the house will still remain, that means that if the sale only brings in only a forth of the loan you still owe the rest
If the foreclosure sale does not pay off the lender in full, including costs & fees, the lender could obtain a judgment against you for the unpaid balance. This judgment would then be a lien against any other houses that you own.
What is a Notice of Rescission of Declaration of Default and Demand for Sale and Notice of Default?
A Notice of Rescission of Declaration of Default is a mortgage loan that was once in default, and a notice of default would mean that the loans are still currently foreclosed in a way.
FWOP stands for "for want of prosecution". A FWOP notice is generated when there has been no activity in a case for some period of time (some jurisidctions require no case activity for over 1 year). If the notice period expires without a party creating any case activity, then the case can be dismissed "for want of prosecution".
Are there programs to help people that have foreclosed?
There is no specific right to own a home. Right now the laws are tending toward freezing the rates of ARMS so people can get refinanced. However, that only works if the payments are up to date. Other than that, there are non profits that help with credit counseling so that you can recover your rating and perhaps buy another house in the future.
Are family members allowed to take personal property of an elderly person in a nursing home?
No. Someone should petition the court to be appointed the conservator of the elder and their property. Once appointed, the conservator would have the authority to take possession of the property and manage it on behalf of the ward.
What are the laws in California for vacating residence after foreclosure?
This depends greatly on the individual situation. For a prior owner, the new owner will serve a Notice to Quit, which can be anywhere from 3 to 30 days. For a renter, the new owner must honor any remaining lease agreements. With that being said, if the resident does not vacate, the new owner may sue them for unlawful detainer to have them removed. There have been examples of people using petitions and self-serve legal filings and court motions to stay in a home for over a year or more. The best and usually least stressful way to vacate the home is to negotiate with the new owner for a set period of time and possibly "cash for keys" to cover moving expenses. It is often in the best interest of both the renter and new owner to come to a cash settlement agreement where the resident maintains the home without damaging it and leaves on a certain date in exchange for money to be used toward moving or new rental expenses.
Is it possible to surrender a home that is not in foreclosure?
You should speak to the lender about giving a "deed in lieu of foreclosure". It does less damage to your credit record than a foreclosure. You should ask about the bank's policy if there is a deficiency between the present value of the property and the amount of the loan. You should also speak to a tax advisor to determine if there will be tax consequences when you file your tax return for the year.
Can a person who surrendered their property in bankruptcy sign a deed in lieu?
A person who is engaged in a bankruptcy proceeding cannot convey property outside of the court proceeding. You should contact the trustee in bankruptcy for advice because the court will want to review the transaction. You will likely need a court order to execute the deed.
After discharge on a chapter 7 bankruptcy can the trustee take your truck which is paid for?
If the vehicle was not included as non-exempt property in the BK petition it is considered exempt from sale and seizure.
Which type of lien has highest priority?
Liens for property taxes have highest priority in a foreclosure regardless of when the lien was filed.
The answer is probably yes, unless your state provides that the dream home (your homestead) is exempt from attachment by creditors. It would be different from state to state. In Texas, the answer would be no. There are actually companies that will work with you for free to buy your mortgage away from your mortgage company and avoid your foreclosure.
Will your retirement and social security be taken after foreclosure?
NO YOUR SOCIAL SECURITY WILL NOT BE TAKEN AFTER A FORECLOSURE. THE ONLY TIME SSI CAN BE GARNISHED OR TAKEN AWAY IS IF YOU HAVE CHILD SUPPORT THATS BEHIND OR YOU OWE A FEDERAL DEBT SUCH AS TAXES LIENS ETC... SORRY DONT KNOW ABOUT RETIREMENT BECAUSE IT DEPENDS ON WHAT KIND OF RETIRMENT YOU HAVE SET UP.
How much for a 25 Stevens model 1915 and where can you find info about it?
I currnently own what I believe to be the same model you have a question about. I reside in Va and last weekend I took the firearm to a place called Clarks Brothers in Warrenton. Steve, their Gunsmith and I believe owner gave a verbal estimate of 300-700 dollars. If yours is in the same shape or better this 90 year old can be worth as much as 1,000 to a collector. Mine has the orig. scope as well as the fixed sights. Google, Stevens .25cal 1915 rifle and follow the link to The Stevens Store... very informative and helpful. I was instructed to insure at 1,000 no less just in case. Like muscle cars don't scrap em restore them so future generations can enjoy our heratige. I would entertain a phone conversation @ (571) 235-4087 if I may provide any help. Semper Fi!
Trespass is a misdemeanor which has to occur in the presence of an officer for them to take action on it. However, if the property owner goes to a magistrate and swears out an 'information' naming the trespasser and have it served on the violator.
How do you buy a trust deed sale home?
U must have to know background of the properties that u r want to buy. It could be good if you contact the city before buy the Home. Otherwise, they will help u to get real Owner of Home. Ask them does they abale to give you Deed paper that you can fill up buy the Owner of the House.
How do you sue a wrongful fraudulent foreclosure case?
You can sue the wrongful disclosure fraud if there is any misrepresentation, justifiable reliance, resulting damages and so on. The homeowners should point out each cause of action. You can approach a lawyer who can help you out. To sue a case you may need an upfront fee, monthly payments and bankruptcy payment plans.
You should NEVER purchase property without FIRST getting a title opinion or buying title insurance!
There could be liens that actually are larger than the amount you paid for the property. Without first having a title opinion or title insurance, this could become quite a costly venture. Further, when you refinance in two years, you will be able to get a re-issue credit on you lenders title policy because you have purchased owner's title insurance now.
A title opinion can usually be completed inside a week. The cost can vary but is usually under $1,000.00. Title insurance can be purchased in most states and the cost is often based on the value of the property. NEVER buy any real estate without one or both of these. It is a cheap way to be sure that you will not buy property and find yourself owing banks you've never heard of, or the ex-spouse of the seller for child support, or a carpenter that worked on remodeling the kitchen a year ago.