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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33703
Experience:  Attorney for over 15 years, landlord 26 years
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Mr. Barristerinky, Their are questions I thought about

Customer Question

Good afternoon Mr.Customer Their are questions I thought about concerning the matter we spoke about last night. Maybe you can give me further detailed information on how to go about it. Hypothetically, this is just a suggestion. What if my son was able to come up with the money to get the house out of foreclosure. Will you be able to help him with that.
Submitted: 1 month ago.
Category: Landlord-Tenant
Customer: replied 1 month ago.
Should I continue to sit and wait for a responce. Are they reviewing what Mr.Customer and I discussed last evening?
Customer: replied 1 month ago.
How much longer should I continue to wait.
Expert:  barristerinky replied 1 month ago.

Hello again,

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I apologize for the delay. I have a private practice and sometimes I have to be out of office and away from my computer in court...

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I think we went over this in our other conversation, but if son redeemed the property and cured the default, then he would be back in the same boat with the other two... They wouldn't pay the mortgage, the squatter would still be there and son would be stuck as a half owner with the 2nd guy. Then he either has to continue to pay the mortgage indefinitely or file the partition lawsuit to force a sale of the property.

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thanks

Barrister

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Customer: replied 1 month ago.
There was something you mention yesterday about taking owner #2 to court. what if he bought the house out of foreclosure and then proceed with a petition to bring owner # into court, and my son explaining to the judge is plight. With scum and bum.
Customer: replied 1 month ago.
My other scenior is this, what if my son moved into the dwelling with bum, can he do this?
Expert:  barristerinky replied 1 month ago.

The judge can only order that the house is sold at public auction. He can't award son the house or anything like that. He can only order it sold so that son can hopefully get away from it and not lose too much money.

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And yes, since he is an owner, there is nothing that would prevent him from moving in.

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thanks

Barrister

Customer: replied 1 month ago.
Can the judge ask owner # 2 why did he allow bum to stay in the dwelling without paying rent inorder to allow the house to go into foreclosure? If my son moved in and ordered the squatter to pay rent, can he partition the court to make owner# ***** pay his fair share. Can my son allow other people to move in that would be willing to pay rent?
Customer: replied 1 month ago.
I know my son is in a bind, The squatter is waiting for the house to go into a short sale to buy it. What can we do to stop both scam artist?
Customer: replied 1 month ago.
I now know they both scamed my son, How can my son stop both parties in their tracks?
Expert:  barristerinky replied 1 month ago.

Can the judge ask owner # 2 why did he allow bum to stay in the dwelling without paying rent inorder to allow the house to go into foreclosure?

He can ask him anything he wants to, but he won't because that really isn't relevant to the ownership of the property and where they are now. An explanation about how these people scammed son into getting into this deal won't serve to undo it. The only thing the judge can do, as I mentioned, is order a sale of the property.

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Son could try and sue the 2nd guy if he has lost money because of his actions, but the 2nd guy is in bankruptcy, so he wouldn't get anything.

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If my son moved in and ordered the squatter to pay rent, can he partition the court to make owner# ***** pay his fair share.

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No. And if the 2nd person told the squatter he doesn't have to pay rent, then he doesn't have to do so.

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Can my son allow other people to move in that would be willing to pay rent?

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Yes.

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The squatter is waiting for the house to go into a short sale to buy it. What can we do to stop both scam artist?

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As I mentioned last night.... a short sale has to be approved by all the owners so if son doesn't want a short sale, he can just refuse to agree....then it either goes into foreclosure or somebody pays enough to cure the default and they continue in this bad deal...

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I now know they both scamed my son, How can my son stop both parties in their tracks?

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And again, as I mentioned last night..there is nothing illegal about what they did in talking son into getting into this "easy money" deal.. So he is going to have to do what he can to cut his losses and that would be curing the default, then going through a partition sale so it doesn't go to foreclosure. Or letting it go to foreclosure and then filing BK himself to wipe out any debts.

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Have to leave for another appointment, but will be back in a few hours..

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thanks

Barrister

Customer: replied 1 month ago.
How can we bring owner #2 out of his hiding place? If he is operating through the squatter. Can you help my son?
Customer: replied 1 month ago.
Thanks will talk to you later.
Customer: replied 1 month ago.
I spoke with a lawyer concerning a real estate. I paid my money for a seven day trial. Why am I ask to pay again. I would like to speak with the lawyer I spoke last evening. where can I find my information from last night to verify my payment made.
Expert:  barristerinky replied 1 month ago.

How can we bring owner #2 out of his hiding place? If he is operating through the squatter. Can you help my son?

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I am not sure what you mean by bring him out of hiding.... If he is in bankruptcy no one can really take any financial action against him.

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If you are asking about representing your son, unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

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thanks

Barrister

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