Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2025

Who has the vested remainder interest? That remainderman should sue the other interested parties for a Sale For Partition. If you are a remainderman, then ask the Court for a return of your contributions to your share from the common fund proceeds. You might or might not get reimbursed.... View More

In most circumstances, the bank cannot initiate foreclosure until you are 120 days delinquent on the mortgage. Once that has occurred, the bank then has to initiate and complete foreclosure proceedings. This could take an additional 30 to 90 days depending on the circumstances. Even if your lender... View More

Even if your lender has previously denied you, there are many alternatives to foreclosure including a repayment plan, loan modification, and forbearance, among others. As a last resort, you can explore bankruptcy, sale of the property, or deed in lieu of foreclosure. Bankruptcy is not a perfect... View More

Even if your lender has previously denied you, there are many alternatives to foreclosure including a repayment plan, loan modification, and forbearance, among others. As a last resort, you can explore bankruptcy, sale of the property, or deed in lieu of foreclosure. Bankruptcy is not a perfect... View More

Yes, if the line of credit is secured by a security deed on the house, the lender can foreclose on your property for nonpayment on the line of credit. However, even if your lender has previously denied you, there are many alternatives to foreclosure including a repayment plan, modification, or... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2025

If no security instrument exists, then the lender can still sue you on the debt. If the lender gets a judgment, he can file a lien and execute upon your property to satisfy it.

John Herbig Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2025

That question is a bit difficult to answer without knowing all the facts as it relates to the Final Decree, Mediation, court proceedings, and what discovery was done.

If the retirement wasn't mentioned anywhere, then you can claim that it was an undisclosed and undivided asset that... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2025

I'm sorry you're facing this stressful situation. Dealing with the aftermath of a parent’s passing, especially when a reverse mortgage is involved, can be very confusing and emotionally taxing.

In New York, when someone passes away without a will, their estate is subject to the... View More

Even if your lender has previously denied you, there are many alternatives to foreclosure including a repayment plan, modification, or forbearance. A repayment plan lets you make payments over time. A modification changes the terms of the loan to something you can afford. A forbearance stops the... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2025

It is possible that the lender might report a parcel you own has been foreclosed upon, which is going to be true. However if you did not sign a note or a deed of trust, then you did not borrow money from the lender and owe them nothing. If your credit report says anything about a delinquency on... View More

Based on your situation, you still have several potential legal avenues to explore before foreclosure becomes final. Here's how a foreclosure defense or bankruptcy attorney may be able to help:

1. Foreclosure Defense

Even though your loan has been referred to the lender’s... View More

If you and the lender who is doing the foreclosure sale agree, you can obtain an extension.

If not, you would need to retain an attorney to obtain a TRO. Likely cost will be $25,000 and you need to hire an attorney today to do it by Tuesday.

I'm sorry you had that experience and I understand how difficult it is to relocate horses on short notice.

Technically, the horses were not stolen and were likely considered abandoned just like any other personal property left on the premises. The sheriff has to post a 24-hour notice... View More

You will need to support your contentions. If there was no will and he was n't appointed as a personal representative by the court, your options are limited. You would need to prove he did not have rights to the property. The best case is to become the personal representative of your... View More

I agree with Mr Soble but I would add that CAN you sue is a very different question than SHOULD you sue.

People get confused about this a lot, and the short answer is almost always 'yes you can sue, but you probably shouldn't' SOMETIMES you cannot sue, and sometimes it is a... View More

You should continue communicating with your lender. Even if your lender has previously denied you, there are many alternatives to foreclosure that a lawyer may help you achieve including a repayment plan, modification, or forbearance.

As a last resort, you can explore bankruptcy, sale of... View More

You can file a declaratory judgment suit seeking a declaration that you are not legally obligated to repay the HUD loan because your signature on the loan documents are a forgery and you did not know about or participate in the loan, having discovered the loan only after your recent divorce, and... View More

If the bank or lender is the successful bidder at the sheriff sale and the redemption period expires, they can then file for an eviction against all occupants in the property. If they obtain a judgment, they can ask for a writ to be issued and must do the eviction within 56 days. Otherwise, they... View More

While there are no immediate time pressures that would necessitate an ASAP filing, remember that each month your case does not get filed you are another month behind in your mortgage payments, which would slightly increase the "bare bones" minimum monthly Plan payment amount needed for... View More

If you have not been served with a summons for foreclosure you still have some time. Before a mortgage company can sell you property in foreclosure they use start a foreclosure suit. At that point you should start a bankruptcy. But be aware that a Chapter 13 is a payment plan. Assuming you want to... View More