Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

HI I really want to thank you for your help. I know there are

very few sure things in...
HI I really want to thank you for your help. I know there are very few sure things in life but if you had to rate your answer from one to ten on accuracy what would that be. I have the letter you suggested ready to send just want to check one more time hope you understand.
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 hour by:
5/31/2013
Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12,554
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Verified

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

 

I would like to help, if I may, can you elaborate a little on your question so that I may assist you ?

 

 

ANDREA

Ask Your Own Real Estate Law Question
Customer reply replied 4 years ago

Thank you I thought you had access to my original question that was answered last night. My home was foreclosed on in may 2011. That was after a failed modification attempt. A month ago I received a foreclosure settlement check for 31200 dollars which I used to pay off bills. Now a collection agency is trying to collect on my second that was on the foreclosed property. They have no info on me except phone number and have yet to send me a bill.They offered a settlement of 35000 instead of the 72000.I was informed that in Nevada there is a 6 month timeline after foreclosure for them to come after me that was confirmed by an expert last night. I just wanted to make sure before I tell them to take a hike so I wanted one more opinion. What do you think

Hi, Mike, Thank you for taking the time to give me the additional information,

 

It is my pleasure to assist you and even greater pleasure to tell you that you can tell them to take a hike and a really long one, at that.

 

In Nevada an action must be brought within six (6) months from the date of foreclosure, otherwise the mortgagee will be forever barred. If the first mortgagee foreclosed in May, 2011, the second had until November, 2011 to sue you.

 

Please allow me to explain how this works; a mortgage is a security interest in real property and it is given as collateral for the repayment of the loan. Once the first mortgagee foreclosed, the second mortgagee lost its collateral, but the foreclosure did not wipe out the debt. Therefore, the law gives them the right to sue the borrower for repayment of the debt, but can only do so within 6 months of the date on which the first mortgagee foreclosed.

 

Very often a second mortgagee who has lost its collateral (the mortgage) because of foreclosure, will sell these accounts to collection agencies for pennies on the dollar, so that anything the collection company manages to squeeze out of the borrower is "gravy" for them. This explains why the collection company was willing to settle for 50% of the loan amount with you. They knew that they could not collect anything from you, and they were hoping that you did not know this fact.

 

Notify them in writing, by Certified Mail, Return Receipt Requested, and say something like this,

 

Gentlemen:

 

The debt you are attempting to collect is time barred. (name of first mortgagee) foreclosed on my property in May, 2011. The debt you are attempting to collect was that of a second mortgagee. Second mortgagees and other junior lienholders have 6 months from the date of foreclosure by the first mortgagee to enforce a debt, after which they are time barred. The subject debt was legally enforceable only up to November, 2011, after which it became totally unenforceable. I trust that this explanation is sufficient avert any future attempts on your part to collect anything from me

 

Very truly yours,

 

 

Your Signature

 

 

The Fair Debt Collection Practices Act provides a fine of $1,000 for each time a creditor telephones the debtor once he has given notice that the debt is unenforceable. I purposely did not include that in the letter because if you keep a record of their calls to you after receiving this letter, you can sue them and easily make a few thousand dollars. You can sue them in Small Claims Court in which you do not need a lawyer and you will not incur any legal fees. So, if the jurisdictional maximum in the Small Claims Court in your County is $6,000, let them call you 6 times, sue them, and get a judgment against them for $6,000. Please be kind enough to rate my service to you as Excellent Service so that I can receive credit for assisting you, otherwise I do not receive credit and do not get paid. Thank you for understanding,

 

_________________________________________________________________

 


Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

 

ANDREA

 

Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12,554
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Verified
Andrea, Esq. and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago


Thank You very much

You are very welcome, Mike, It was my pleasure. Thank you for the "Excellent Service" rating, I appreciate that greatly. If I can be of further assistance, or you have any questions in the future, please feel free to ask for me by typing my name at the beginning of your question like this,

 

"For Andrea only .......... "

 

 

Thank you again for allowing me the opportunity to be of assistance,

 

ANDREA

 

 

Ask Your Own Real Estate Law Question
Ask Andrea, Esq. Your Own Question
Andrea, Esq.
Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12,554
12,554 Satisfied Customers
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.

Andrea, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Trying to sell home in Youngstown, Florida. Have 4 surveys
Trying to sell home in Youngstown, Florida. Have 4 surveys dating back 27 years by same surveyor showing. 95 acre. The fifth survey by the same surveyor showing everything different and places buildin… read more
LegalGems
LegalGems
Juris Doctorate
10,153 satisfied customers
This is in regards to a deficiency on a foreclosed property
This is in regards ***** ***** deficiency on a foreclosed property that had both a first and second mortgage. What is the statute of limitations? … read more
DrakeLAW
DrakeLAW
Juris Doctorate
828 satisfied customers
Neighbor recently did survey and found my fence is 70 feet
Neighbor recently did survey and found my fence is 70 feet on their property. What is requirement for having me move my fence? Fence has been in same place for 50 years. … read more
socrateaser
socrateaser
1,031 satisfied customers
I had my property surveyed recently with Genuine Mapping
I had my property surveyed recently with Genuine Mapping Design, LLC and it does prove the encroachment that Mr. McCulloch' fence crosses over on my property. I have addressed my concerns to the famil… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
If a real property is for sale and the deed says no family
If a real property is for sale and the deed says no family member can buy or live in the property if another person buys the property can a family member lease or buy the property the property from th… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
My property was surveyed and found that neighbors driveway
My property was surveyed and found that neighbors driveway in partly on our property. Should anything be done? … read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
My neighbor pulled up the survey stakes and says the
My neighbor pulled up the survey stakes and says the property is hers now. We are a platted neighborhood and she says its her property based on Adverse Possession. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
Ray still having a time out the survey over the fence. I had
Hi Ray still having a time out the survey over the fence. I had another survey done by a another surveyor and before he did survey he talked to other surveyor to see how it did it then come done it al… read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
Question on my property line, the 2007 survey, and easement.
HI, question on my property line, the 2007 survey, and easement. We purchased a home in May 2017 in a development, that is surrounded by a large area of private property behind our property. We were o… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I recently had my property in Susquehanna county surveyed to
I recently had my property in Susquehanna county surveyed to help settle a boundary dispute with my neighbor. Apparently, he has now pulled out the survey pins and obliterated the boundary markers. Wh… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am interested in bidding on a piece of real property
I am interested in bidding on a piece of real property scheduled to be auctioned by the IRS. The IRS has provided a list of encumbrances on the property including a municipal real estate tax lien and … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,899 satisfied customers
The executrix of an estate wishes to purchase real property
The executrix of an estate wishes to purchase real property from said estate, but is facing a bidding was with a beneficiary. The will states that the executrix has the opportunity to purchase real pr… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In state, a real property held in joint tenancy and
In Washington state, a real property held in joint tenancy and inhabited by the co-owners; if a dispute develops between the co-owners in regard to visitors to the property, how is that issue resolved… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
How is like real property exchanged in no. carolina between
How is like real property exchanged in no. carolina between relative where no money is offered and there are no encumbrances on either parcel? … read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,207 satisfied customers
In State of Alabama If a real property owner has a pending
In State of AlabamaIf a real property owner has a pending lawsuit against him as a defendant and sells the real property to a unrelated third party ;does a judgement against the seller real property o… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I'm interested in a GMAC LLC specific foreclosed property.
I'm interested in a GMAC LLC specific foreclosed property. Would like to make an offer. How do I find the right contact to discuss? … read more
Michael Gonzalez
Michael Gonzalez
JD
518 satisfied customers
A seller sells his property using his survey. The survey is
A seller sells his property using his survey. The survey is 5 months old. The survey is not certified to the title insurer, only the seller. In lieu of complying with fs(###) ###-#### the title compan… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,867 satisfied customers
Can title to real property and ownership of real property
Can title to real property and ownership of real property exist separately between two separate entities?… read more
Michael Gonzalez
Michael Gonzalez
JD
518 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x