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The first lien foreclosed on 7/14/2008 while in bankruptcy.

the first lien foreclosed on 7/14/2008 while in bankruptcy. on 2/19/2009 the 1st lien rescinded the deed and modified the homeowners terms.Can the second foreclose now, being that the initial foreclosure extinguished the second and became an unsecured debt? Does the second have any legal right to foreclose?Should we ask the second to provide verification that the debt is still tied to the property?thank you in advance

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,242 satisfied customers
My father purchased a property in Texas when we were minors

My father purchased a property in Texas when we were minors as our custodian. Now we are of legal age what do we need to do to make sure the grant deed is in our name?

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CalAttorney2

Attorney

Doctoral Degree

19,430 satisfied customers
I filed Chap 7 BK in March 2010 and it was discharged in

Hello, I filed Chap 7 BK in March 2010 and it was discharged in July of 2010. I had a 1st Mort and a non purchase money 2nd Mort. I quit paying both in March of 2010. The 1st finally foreclosed and scheduled a trustees sale. Looking online at recorders office I see that the 2nd Mort Co assigned and transferred to the 1st all interest in the deed of trust. At that time decided to stay in the home so worked with the 1st and become current and have been since then. The 2nd has not contacted me and it has been now over 6 years. Can the 2nd still file suit to recover or has it passed the statute of limitations? If it has will I see a release of the deed of trust? Thanking you in advance for your input. thanks. Paul

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Maverick

Doctoral Degree

6,326 satisfied customers
My girlfriend and I have been together for 10 years and have

My girlfriend and I have been together for 10 years and have 5 children. We have lived in our home for 5 years. It was purchased for us by her father (mortgage) because he got low interest. I have made every payment directly to lender since beginning. I understand I am technically a month to month tenant. We have no written agreements. He has always made it known to everyone that this is our house. He has said if it ever sells the money is ours. I have made $100K+ in improvements and there is about $250k in equity. Again he has verbally promised us that the house is ours and equity if sold would be ours. Now he plans on selling because he no longer wants in his name and keeping the money. Is there anything at all we can do? Witnesses are available that have heard agreement, everyone knows!

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California Lawyer

Attorney

Post-Doctoral Degree

824 satisfied customers
A home in Myrtle Beach So. Carolina is jointly owned by a

A home in Myrtle Beach So. Carolina is jointly owned by a married couple. The wife leaves the husband and the home and they subsequently become legally separated. The husband desires to sell the home and is being secretive about his intention. Is there a circumstance in which he may sell the property on his own without the consent or signature of the wife?

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Loren

Juris Doctor

36,238 satisfied customers
Who owns the house? My son thought he purchased a house on

Who owns the house? My son thought he purchased a house on Friday 8/19/16 in Bakersfield, Ca. He was told by the escrow co. that escrow had closed, the deed had been recorded and that he could pick up the keys and move in. Over the weekend, the family cleaned the yard and the inside of the residence. Today, Tues 8/23/16 they received a knock on the door. A man showed up and said "what are you doing in my house?". He further stated that yesterday, Mon 8/22/16 he attended a foreclosure sale "on the steps of the county courthouse" and purchased the property in question for cash. He went on to say that the deed had been recorded and that he will take legal action (eviction??) if my son did not vacate the house. He bought the property that was in foreclosure. My son knew the seller was behind in his payments but nothing was ever mentioned of an imminent foreclosure sale. Needless to say my son is upset and confused. Have you ever heard of the county forgetting to take a foreclosure sale off the market? My son loves the house and just wants to live their in peace and quiet. I am a retired attorney that needs some help on the subject. Please help.

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CalAttorney2

Attorney

Doctoral Degree

19,430 satisfied customers
I'm hoping someone could help me with this question We are

Hi thereI'm hoping someone could help me with this questionWe are in the mist of selling a portion of our proberty 65' which leaves us around 155' of backyard. There are two proberties that the developer wants to build on ours and are neighbours. Today we went to the royal bank to see if we could get a release form for the buyer apparently our lawyer said we did not have to do this however the buyer said he has to have the release paper. We went to the bank where the person who we saw did not know what to do so he contacted his head office where they told him we would have to have an appraisal done on the proberty which would be around 500.00 then she also told him that we would also need to fill out a full credit application which got my husband very upset why would we have to fill out an application form since we are not applying for credit the person could not tell us why. It's not like we owe a lot on our mortgage we only owe 110,000.00on it and are receiving 100,000.00 for the proberty. Why can't they just give us a release form? It's bad enough that we have too dish out 500 for an appraiser. Any feedback would be greatly appreciated thank you Linda Gerus

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Roger

Litigation Attorney

Doctoral Degree

33,418 satisfied customers
I own a lot in a subdivision and one of the boundaries

I own a lot in a subdivision and one of the boundaries between lots is a creek which is moving gradually. The Subdivision Plat calls the centerline of the creek with bearings and distances. Does the boundary of my lot move with the creek or is it fixed by the bearings & distances?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: OregonJA: Have you talked to a lawyer yet?Customer: No, a surveyor.JA: Anything else you think the lawyer should know?Customer: The surveyor is researching this but I would like your opinion.

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Attyadvisor

Doctoral Degree

6,840 satisfied customers
Wife have been separated for 30 years but never divorced.

Hi, Wife have been separated for 30 years but never divorced. I'm neither on the deed or the mortgage of the house we bought together back then. She is about to go into foreclosure or possibly short sale. Can the bank come after me in any way? I have since bought a house on my own and currently have a 401k. We're in New Jersey and thank you

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Ely

Counselor at Law

Juris Doctor

63,650 satisfied customers
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