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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 16142
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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I have question about house foreclosure in Maryland. house

Resolved Question:

I have question about house foreclosure in Maryland. house deed was transfer to llc five months ago where we are two llc members.and did informed the lender. lender filed the foreclosure only under old deed name (my sister) who was original on the loan and llc was never named as a defendant in foreclosure proceeding. can bank foreclosed without naming llc who's name is XXXXX XXXXX holding a rigistered deed.
Submitted: 1 year ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 1 year ago.

WALLSTREETLAW :

Hello I am a licensed attorney. I am here to help answer your questions. Please do not hesitate to ask for clarification

WALLSTREETLAW :

If the lawsuit was started after the deed transfer, they would not be able to foreclose as they did not serve the party that owned the party,

WALLSTREETLAW :

however, since you are on the mortgage as individuals, they can still sue you for the balance of the property, however an actual foreclosure of the property could not happen without a change in the caption or motion to add Defendants by the lender.

Customer:

House was transfer to llc name in jan 2013 and foreclosure was filled in march 2013

WALLSTREETLAW :

they do not have the correct parties for a foreclosure,

Customer:

lender did filled foreclosure last year but was dismissed that they had no standing at that time now after one year they have filled new foreclosure and had filed cooperate deed of assignment which is back dated that time loan services company was not renting that office they moved in jan 2012 and in assignment of deed they have used this address as of 2011

Customer:

there paper work is back dated and new lender never informed us that sun trust has sold the loan to them.

WALLSTREETLAW :

you should file a motion to dismiss based upon these issues, and the lawsuit can be dismissed, especially if they did not name the correct party.

Customer:

is there any time to file motion to dismiss because I was not able to attend mediation . I was stuck at the airport.new lender filled the foreclosure first then filled cooperate assignment of deed with county

WALLSTREETLAW :

yes you can file it anytime, as long as the case still is on, and a judgment was not given to them

Customer:

one more question that the loan paper which my sister signed were notarized two day later. her intial are forged

WALLSTREETLAW :

than it is invalid,

Customer:

I don't think in foreclosure lender need judgment from the court.

WALLSTREETLAW :

Than you have to file a motion in court as soon as possible or file a chapter 13, to stop the lawsuit,

Customer:

I don't want to file chapter 13 how can that will helped when I am the only member of the llc who hold the deed .

Customer:

r u sure that lender can't go forward without naming the llc

WALLSTREETLAW :

they will have to serve the deed holder, as they are the owners per the deed

Customer:

I am in ca and will go back to Maryland Friday then I need to look for attorney who can draft a motion to dismiss. Can u help me in motion to dismiss at extra charge

WALLSTREETLAW :

no, you would need a licensed attorney in the State where you live.

Customer:

Ok thanks you gave me good news that lender will not be able to move forward with foreclosure without naming llc as a defendant in foreclosure

WALLSTREETLAW :

good luck, and if you have any further questions please do not hesitate to ask.

WALLSTREETLAW :

If satisfied with our service please provide us with positive feedback, thank you

Customer:

You were very helpful . I will highly recommend and will give you 100% positive feed back. Have a lovely rest of the evening.

Customer:

Thanks a lot

WALLSTREETLAW :

thank you

WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 16142
Experience: 14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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