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Bankruptcy accelerates a debt, thus, does bankruptcy starts the clock for the statute of limitations to foreclose?
Asked in Syracuse,  NY Sep. 06, 2017 ,  3 Answers

The statute of limitations to foreclose in new york is 6 years from a triggering event. As far as I know, courts have agreed that a lender's acceleration of the debt constitutes a triggering event. Bankruptcy also accelerates the debt ( “Bankruptcy operates as the acceleration of the principal amoun...

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The unit was abandoned. The unit was rented to be by the condo board to pay back due fees.
Asked in Yorktown Heights,  NY Aug. 24, 2017 ,  1 Answers

I believe I had caught up with the owed fees of the "abandoned" unit. The board has continued to collect the same rent since, and I haven't received any formal update that the unit has been made current. They have served me eviction notice for non payment but I belive they owe me. Once the account w...

# 242
If a broker lists a bank owned house at a specified price and I offer to pay that amount, is the broker obligated by law
Asked in Sebastian,  FL Aug. 21, 2017 ,  1 Answers
Tag: 

to accept my offer? There is no mention of bidding or accepting the highest offer in the brokers add. 5 hours later and no answer! Isn't there even 1 lawyer that knows the answer to my question?

# 243
How do I clear an expired judgement lien in Colorado from 2010? Lien not renewed. Shows on court record as unsatisfied.
Asked in Chattanooga,  TN Aug. 20, 2017 ,  2 Answers

Judgement lien awarded to creditor in August, 2010. The judgement/lien was never renewed. It is still showing as unsatisfied, but the SofL in Colorado for a judgement issued in county court is 6 years. Is there a way I can clear this judgement/lien from the court record since the debtor never renewe...

# 244
Hi, my ex and I divorced after 29 years of marriage November 2016. Simple divorce. Alimony was not done official with
Asked in Tampa,  FL Aug. 15, 2017 ,  1 Answers

The judge. He sends me $800. At end of month. Can I take him back to court and file for alimony. I am struggling to make ends meet. He could care less. He has a girlfriend he was seeing while we were married.

# 245
Our Ch. 7 Bankruptcy has been discharged. The motion for foreclosure has been filed and
Asked in Kokomo,  IN Aug. 14, 2017 ,  1 Answers

Sent to the Sheriff. Can we go ahead and move out of the house?

# 246
Can an HOA sue for dues on a time share property that was foreclosed upon 9 years ago through a chapter 7 bankruptcy?
Asked in Santa Clara,  CA Aug. 14, 2017 ,  2 Answers

My husband was served a complaint yesterday indicating that he was being sued by the HOA of a timeshare property that was foreclosed upon during his bankruptcy 9 years ago. They are claiming he has not paid his HOA dues for 9 years, which amount to $35,000 plus attorney fees, etc. I am an attorney (...

# 247
Should my mortgage company foreclose my house if I filed for bankruptcy and informed them about it with my case #?
Asked in Houston,  TX Aug. 03, 2017 ,  1 Answers

In Texas, if I filed for bankruptcy, informed my mortgage company about it with my case # and got jailed for a different reason before the bankruptcy got concluded, should it be in effect or should my mortgage company foreclose my house? Do I have any legal option if the mortgage company foreclosed ...

# 248
My home was foreclosed and sold at sheriff auction I am in redemption period now..can I sell over auction price and keep
Asked on Aug. 03, 2017 ,  1 Answers

Excess or sell to friend or family for auction price and fees?

# 249
can a listing broker (restaurant) keep a forfeited deposit from a potential buyer or does it go to the seller
Asked in Brockton,  MA Jul. 23, 2017 ,  1 Answers

I have a small restaurant that I am selling, I have it listed with a broker. We had a potential buyer who made a $1,000 deposit. The buyer did not obtain financing, so they forfeited the deposit. The broker kept the deposit. I feel like that should be mine. The broker will earn his money on the 10% ...

# 250
I am under a repayment plan with the IRS. Can I file bankruptcy to stop a foreclosure on a rental property?
Asked in Indianapolis,  IN Jun. 06, 2017 ,  1 Answers

I want to keep the property and reinstate it. The mortgage company doesn't seem willing to work with me.

# 252
I filed my complaint with California BRE in August 2016, investigation is still active n ongoing.
Asked in Palmdale,  CA Jun. 01, 2017 ,  1 Answers

Once BRE files accusation, can i use this against broker in civil court?

# 253
Bankruptcy liability with a house loan modification in Maryland
Asked in Hagerstown,  MD May 22, 2017 ,  2 Answers

Filed ch7 in Maryland (April 2016) and surrendered the house (did not reaffirm). We were discharged Oct 2016. Mortgage company has now offered a loan modification but is not requiring a reaffirmation. Loan modification paperwork states: "If Borrower(s) received a discharge in a Chapter 7 bankruptcy ...

# 254
In the early 1980s I took out a mortgage for $36,000 for my house. Now they tell me I owe $273,000. Is this right?
Asked in Westland,  MI May 22, 2017 ,  1 Answers

If I don't pay the $273,000. they are going to foreclose and sell my house on June 8th. I went to file a Chapter 13 and the lawyer said I should not file because it looked to him that a $116,000 remortgage loan was not paid off when I remortgaged for $164,000. I filed with the Office of the Consumer...

# 255
Have unmortgaged commercial building. I have to close the business. Am I responsible for it if I abandon it legally
Asked in Haddonfield,  NJ May 03, 2017 ,  3 Answers

Building is paid off, business is losing money so I have to close. Do not have funds to pay taxes. Trying to sell but to no avail. Can try to auction it off but do not believe it is "attractive" enough to sell. When it goes to township for sheriff sale, am I going to still be liable or do they becom...

# 256
What are the consequences for not claiming a rental property during Chapter 13 bankruptcy?
Asked in Blue Springs,  MO May 02, 2017 ,  1 Answers

My landlord filed Chapter 13 and claimed our address as her primary residency.I paid monthly rent in excess of her mortgage payment. More than a year after I moved in she changed a utility bill to her name to "prove" her residency.When the bankruptcy was complete, she gave me notice to move so she c...

# 257
I'm buying a bankruptcy property that was part of business & will be auctioning some personal items.
Asked in Durham,  NC Apr. 30, 2017 ,  1 Answers

I put an offer (has been accepted) as agent told me auction is for business related items (office and items outside house,trucks --> it was construction business) assuming items in the house and other permanent structures in the property were part of deal. The bankruptcy addendum states auction of p...

# 258
Mortgage discharged in bankruptcy. How long after deed in lieu can I get a loan?
Asked in Bend,  OR Apr. 19, 2017 ,  1 Answers

My mortgage was discharged in bankruptcy in 2010. It's just now going through foreclosure. If I can get a deed in lieu, can I make it part of the agreement that the bank will NOT report the deed in lieu to credit agencies or report it as settled? Can they even report that since they're not supposed ...

# 259
Can I do a quit claim to remove myself from my EX home before I file chapter 7. I am on the deed ONLY
Asked in Longview,  TX Apr. 18, 2017 ,  1 Answers

Separated 2 years, divorced in Dec. 2016. Ex purchased a home while we were separated. I have contributed nothing towards the house, down payment, closing, payments, upkeep. Divorce Decree gives him 100% ownership, but have not removed my name. Have never stayed in the home, visited one time. I am g...

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