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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

Can I add my ex into a Chapter 13 had to be filed to prevent a foreclosure prior final divorce hearing. All debt in my name he had 0 credit he was a signer on cards deed in my name. Unexpected?

No, you can't just add someone to your bankruptcy case after you filed. Also, to be a joint debtor in the first place you need to be currently married, not an ex. Last, why would you want to add him? The debt is yours, not his. Where is the benefit to you?

How can we rent when we have been declared bankrupt?

Presuming you declared and filed for BK...you are the ones making the declaration. You simply need to find a landalord that doesn't care or check. It is every ones individual decison to accept or reject credit (and renting is granting credit).

Can a person in who files bankruptcy get out of paying a court awarded judgment in Arizona?

Yes.

Not if the judgment was for a case involving fraud. And the state doesn't make any difference, unless there is a state bankruptcy procedure that you are using.

Can you buy a house with a foreclosure in your credit history?

Most loans are FHA guaranteed. You must wait at least three years according to FHA rules. Also , you must re-establish your credit so that you achieve a score that meets the guidelines set by lenders.

You would need to discuss this with a lender or two in your area. People who have gone through a foreclosure are sometimes approved for a subsequent mortgage but that depends on many factors such as the time that has lapsed since the foreclosure, whether your economic circumstances have changed, if you have a down payment, if you have stable employment and can afford the payments, etc.

Where do you list judgments in chapter 7 bankruptcy?

Judgments are listed by creditor in Schedule D, E or F, depending on the nature of the debt and judgment, and in the Statement of Financial Affairs. question 4a (if within the past year).

Will your spouse's credit score be affected if your individually owned property is foreclosed spouse's name is not on the deed?

Your spouse's credit score should not be affected if he/she is not on the deed or on the mortgage that was foreclosed.

After chapter 7 bankruptcy second mortgage was reaffirmed but not first mortgage if there is a foreclosure who gets their money?

In a foreclosure, creditors are paid in the order of their liens. A first motgage is paid first. Anything left over goes to the second, and if there is still anything left of proceeds, it goes to the third or to the debtor. Taxes and other municipal liens are paid before anything else.

What is a mechanics lien foreclosure action in NJ?

A mechanic's lien is often confused with a New Jersey construction lien. Foreclosure of a construction lien is an action brought in Superior Court by the lienor (the person or company who filed the lien). In the action, the lienor seeks to recover amounts owed for construction services or materials supplied to the owner (or contractor if the lienor is a subcontractor). The "foreclosure" part of the action is an action to foreclose on the property and, if the lienor is successful, forcing of a sale of the property, the funds from which are used to satisfy the lienor's amount due.

How long after foreclosure can you stay in your house in Colorado?

You can usually stay at least 30 days in your house. Some banks or companies may extend much more time to you than this.

Can a second mortgage put a lien on a home that is not foreclosed but I owned as a primary home however since foreclosure the first mortgage was paid its full amount and the second mortgage nothing?

A second mortgage already has a lien on the home. If you don't pay the second mortgage they will foreclose and take the home. By paying off the first mortgage you just make it easier for the bank to get their money back out of the property when they sell it.

You need info on Michigan home foreclosure law how long after you get a notice will you be expected to move?

Foreclosure is technically only a change of ownership, not possession. You may be able to rent from the new owner, or you may be evicted by the process applicable to your jurisdiction (e.g., 30-days notice to quit your occupancy).

What is a deficiency judgment?

A deficiency judgment is where the owner of a mortgage or deed of trust is awarded a judgment against the borrower in the amount of: the amount of money owed in the mortgage or deed of trust minus the amount of money the property sold for at foreclosure sale If the above amount is a positive number, some states allow the lender to get a judgment for that amount.

Can an hoa file for foreclosure without an attorney?

Depends - you need to know if your state allows corporations, associations and such (whatever kind of entity your HOA is) to represent themselves in court. Illinois, for instance, does not. Otherwise, if your state says it's ok, well, there's another maxim: "a lawyer who represents himself has a fool for a client".

What do you do if a bank refuses a short sale offer?

If a bank refuses a short sale offer, you can only make a new offer to the bank. Your real estate agent will be able to give more details about the short sale process.

When selling your house do you have to keep making house payments?

Of course you do. If you don't the interest and late penalties will add up and if it takes a while to sell the house you may lose it by foreclosure instead. You signed a contract to make monthly payments and you are legally bound to its terms.

Of course you do. If you don't the interest and late penalties will add up and if it takes a while to sell the house you may lose it by foreclosure instead. You signed a contract to make monthly payments and you are legally bound to its terms.

Of course you do. If you don't the interest and late penalties will add up and if it takes a while to sell the house you may lose it by foreclosure instead. You signed a contract to make monthly payments and you are legally bound to its terms.

Of course you do. If you don't the interest and late penalties will add up and if it takes a while to sell the house you may lose it by foreclosure instead. You signed a contract to make monthly payments and you are legally bound to its terms.

Foreclosure after discharge with no reaffirmation?

A foreclosure proceeding that missed a recorded discharge of the mortgage may be defective. In certain states and depending on the level of the defect- the foreclosure may need to be done over from scratch. In that case you may find some assistance that was not available before pursuant to new consumer protection provisions relating to foreclosures. You would need to seek the advice of an attorney in your state who is familiar with the current foreclosure laws and bankruptcy law.

If you buy a foreclosed home and someone lives there does that make you their landlord?

Yes..but most people or companies will make them leave by filing proper paper work with City/county. Or you could get them to sign a lease.

How do you find out if your house has been recorded as homestead?

You need to do some research. In some jurisdictions, homestead exemptions are automatic for the primary residence. In others a Declaration of Homestead must be executed by the homeowner and recorded in the land records to be effective. You can try an online search for your state by using the state + homestead exemption. That would provide you with information about the procedure in your state. That should tell you whether it is automatic or whether you need to record it yourself. You could also try to get some preliminary information about your state at the related link provided below.

Is BAC Home Loan Servicing LP a fraud?

Yes, bac home loan servicing lp it's the bigger fraud in the history, they are country wide but with a different name now, so they continuo committing the same fraud that angelo mosilo did for many years, i believe that every American and more that half of the world knows that right? , thanks.

What is a new owner's relationship to the prior owner-occupant after a foreclosure sale?

The title is in the name of the person who purchased it at the foreclosure sale. Once the foreclosure deed is recorded the debtor has no right whatsoever to occupy the property. The new owner has no relationship or obligations to the debtor. The person who has had their rights to the property foreclosed has had abundant notice of the foreclosure. They should make arrangements to move out prior to the sale and make arrangements to remove their personal property before the sale. Once that deed is recorded they are trespassing if they enter the property unless the new owner has made an arrangement with them, in writing.