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Recent legal questions
Can a Florida Court amend a Final Judgment nunc pro tunc in
Can a Florida Court amend a Final Judgment nunc pro tunc in a mortgage foreclosure if both parties stipulate to it, rather than setting everything aside in a case closed over a year ago? Lender got court to set everything aside to correct a minor legal description based on Lucas v Barnett Bank, 705 So. 2nd 115...Final Judgment was entered in September 2013 with a waiver of deficiency, the property was sold in Dec 2014, and IRS forms issued for 2014...I don't want to start all over with new complaint (orig complaint filed over 5 years ago) and am fearful of losing my waiver of deficiency and new fees, costs, and tax consequences. Please help with any defenses or protection...I am wanting to seek a rehearing on Court's Order setting everything aside and letting Lender file new complaint. Thank you.
Chapter 7 Bankruptcy, foreclosure question: Does a
Chapter 7 Bankruptcy, foreclosure question:Does a "stay" exist on a secured property forever? If the Creditor dismisses w/o prej a foreclosure suit against Debtor, is the stay automatically removed?What notice does the debtor need to get if creditor wants to modify automatic stay? Can debtor face issue at hearing?If actual date of discharge was 1/2009, yet Creditor claims date of 3/2009...what advantage to Creditor for falsefying date?
I am in Escrow on a short sale in California, all cash
I am in Escrow on a short sale in California, all cash purchase. Escrow called me to report a lean on the title for $25K. It turns out, the seller has hired a questionable firm with 21 companies and DBA's and signed and registered the document for $25K only for the seller to buy time by delaying foreclosure by the bank, and stay in the house for years, which he did for 4 years without making any mortgage payments. I have investigated those lean holding companies on the title, none of them have a legitimate addresses or phone numbers. So even if I want to pay it off to remove the lean, there may be no one to pay the loan back.The Escrow tells me I can buy it with that lean on the title and after the purchase go back to the court and remove it. Is it true? How easy is it? I'm trying to understand the likely and worst case scenarios. How long would the process take and how much would it cost? How much unknown is there, when i see the judge for example, could the judge come back and say you have to wait 7 years etc?
I live in indiana and my landlord (I have a lease), the
I live in indiana and my landlord (I have a lease), the landlord has been foreclosed with sheriffs sale in a month. Can a new owner have the sheriff just remove me or does he have to evict me.JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?Customer: Indiana the foreclosure is fully done in court and the home scheduled for sheriffs sale. We got a card notifying of the sale date.JA: Have you talked to a lawyer yet?Customer: No I really cannot afford to... but probably would once I know more.JA: Anything else you think the lawyer should know?Customer: That is it. Other than we have our lease paid on time and we are a month ahead.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
My husband and I bought our home in 2006 and now we are in
Hello,My husband and I bought our home in 2006 and now we are in foreclosure. My question is this: If my name was never put on the original paperwork, only my husbands, how can I be included in the foreclosure? My credit report shows a negative public record. How can this be without my signature on anything?Ginger
My house has been in foreclosure a time. Chase hasView more legal questions
my house has been in foreclosure a long time. Chase has repeatedly postponed the sheriffs' sale, for whatever reason I don't know. but many times. Just recently I discovered, by checking with Chases local attorney for whether it was to be postponed again or not, that the foreclosure had been , in their words "cancelled", that the property is not in foreclosure anymore. When I called Chase someone there told me their limited records showed "foreclosure suspended". My question is as to whether at any moment I can receive a new , near-term sheriffs sale notice, or if when the foreclosure has been suspended, does the mortgage company have to start over again, IE bill me, see if I go into default, then serve notice of intent to foreclose, proceed with foreclosure, the ensuing redemption period of 6 months, etc.