How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Andrea, Esq. Your Own Question

Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11562
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Type Your Real Estate Law Question Here...
Andrea, Esq. is online now
A new question is answered every 9 seconds

I am told u will be given up to a month to vacate the premiss

Resolved Question:

I am told u will be given up to a month to vacate the premiss ..my question is i am a senior citizen caring for my disabled daughter in a wheel chair. Can i get longer since her requirements r more like having to find a place on the ground floor,etc.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 1 year ago.

Hello, Patricia, and Welcome, My name is XXXXX XXXXX my goal is to provided you with Excellent Service,

 

 

Please elaborate a little on your situation,


Who is asking you to vacate ?


Do you have a lease ?

Customer: replied 1 year ago.

live in a house now in foreclosure ..My husband died 1 1/2 ago .On a fixed income like i said w my disabled daughter ...it seems to take a little longer to find an apartment that is fit for someone that is in a wheel chair.My husband didnt leave enough to pay off our home.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Patricia,

 

 

1. Could you tell me who the lender is that is foreclosing ?

 

 

2. At what stage of the foreclosure proceedings are they, i.e., have you been served with a Complaint in Mortgage Foreclosure ?

Customer: replied 1 year ago.

citibank ..no not yet .

Expert:  Andrea, Esq. replied 1 year ago.

Thank you again, Patricia, for your additional information,

 

Actually, you have several months ahead of you because Citibank has not yet served you with the Complaint in Mortgage Foreclosure. Once they serve you with the Complaint in Mortgage Foreclosure, you as the Defendant, have 30 days to file and serve an Answer. After that at least another 2 or 3 (sometimes, more) months go by before the Court schedules a hearing date. After the hearing, another 2 or 3 or more months go by before the house is placed on the Sheriff's Sale list. So, you are looking at a minimum of about 6 months before anything will require you to move out.

 

When individuals want more time, they file a Petition in Bankruptcy because that causes an "Automatic Stay" of all Court proceedings. Individuals do not have to go through with the Bankruptcy, but it gives them another 4 months where the lender cannot do anything to the homeowner because everything comes to a standstill.

 

You also have an option to negotiate with CitiBank and ask them to take a "Deed in Lieu of Foreclosure". This is where the homeowner gives the lender a Deed to the property and because this saves the lender Court costs, Attorneys' Fees and other expenses, the homeowner can negotiate better terms with the lender. You might want to consider this and negotiate with Citi and ask them to allow you to remain in the house while you look for other suitable living arrangements. Of course, you would want Citi to put this in the form of a written Agreement so that you and your daughter are secure while you look for another place to live. Of course, it is not the ideal solution, but at least you can consider this as an option.

 

Have you considered a short sale ? This is where the mortgage balance is greater than the present fair market value of the property, but the homeowner negotiates with the lender to take the sale proceeds as payment in full of the mortgage loan balance, even though it does not cover the entire loan. But, this also gives you more time to look for another residence while the house is on the market for sale. It's just a thought and something for you to think about,

_________________________________________________________________

 

 

If I have not Answered your question completely, please let me know by using the "Reply" button and I will be glad to explain further,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, if you have placed a deposit with JustAnswer , it will not cost you anything additional,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11562
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Andrea, Esq. and 11 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.