Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My home went into foreclosure. How do I get it back?

My home went into foreclosure. How do I get it back?
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
3/7/2018
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 30,961
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Ask Your Own Real Estate Law Question

How long ago did the bank start the process? Do you have any funds to reinstate it?

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
I can write a promissory note since I am a secured party creditor I know how to use a UCC1 and UCC3 to pay for anything I know that FRN are illegal for me to use since I am a private AmErican

If you want to get the home out of foreclosure, you need to speak with the bank who holds the mortgage about a loan modification. Loss mitigation is the key here so unless you have the money to reinstate or redeem the property, the bank would have to agree to modify your loan and change the terms and conditions of it. Your promise to repay is not going to be valid and they will need to agree to modify the loan and you would need to sign and agree to the modification if you qualify.

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
I do not want to contyract with a bank that has nothing to do with my original wet ink signature loan, I have sent each bank that has touched my Loan the correct 1099C for the cancellation of the debt as well as lawyers the corrected OID as well as 3949A to the IRS for the lack of payin taxes over the years on my LOan. What can I do or how much time do I have to deal with the unlawful/detainer that I have not been served with.

You have until the foreclosure is complete. It could take a few months and the clock would start, once you are actually served and you would be given a chance to answer to this and raise any defenses which you may have and contest it.

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
In this state of Arkansas how much time do I have they have sold my home for the 2nd time on paper the Bank of NEW YORK Mellon which is the same bank who claims to hold my mortgage in which I have the SEC Attestation on with my cudsip that if it is indeed a dead pledge which states I have until 2035 to make the last FULL payment why are they trying to foreclose on me.

Are you past due on the monthly payment?

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
I have defaulted according to their rules and they have been paid via default insurance, why are they still coming after my mortgage you cannot get rid of the note and the mortgage they go hane and hand and as SURETY and SUBROGEE I have the right to be SUBROGATED

Do you have proof that your policy paid for this? Do you have evidence that they were made whole? And if this was the case, do you think you should get to keep the home?

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
I have taken there implied trust and turned it into an express trust and as Grantor/Grantee of this trust I have Merged the titles and I have made them my Trustee and I have asked them for a full accounting as well as there off balance sheets and both sides of the ledger.

These are all defenses which you need to raise when you contest this. If this is a judicial foreclosure, you will be served and given a chance to contest it. You shared that you wanted to get the home back and if you do not want to try and modify the loan nor have the funds to reinstate it and want to rely on these defenses, you can raise them and the Judge will decide.

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
I want to give them ONE LAWFUL DOLLAR send to secretary of the treasury the serial number as safe keeping on the Bill. And make the Trustee do their Job
Customer reply replied 1 month ago
This is a non judical State

The lender has two options.

http://www.foreclosurelaw.org/Arkansas_Foreclosure_Law.htm

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
You have been helpful you are not in Arkansas I assume

No, I am not.

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
TY

You are welcome and please let me know if there is anything else.

RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 30,961
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
Verified
RealEstateAnswer and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask RealEstateAnswer Your Own Question
RealEstateAnswer
RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 30,961
30,961 Satisfied Customers
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases

RealEstateAnswer 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

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 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

4,925 satisfied customers

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

< Previous | Next >

Related Real Estate Law Questions
My husband was responsible for the mortgage after divorce
My husband was responsible for the mortgage after divorce and was supposed to refinance but couldn't because it was upside down. He stopped making payment and it has been under short sale for several … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Two people not married are paying a mortgage on a house they
Two people not married are paying a mortgage on a house they both bought. Both people are on the title. One person wants out. Can the other refinance the mortgage without the other involved with the r… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
On the mortgage or deed but have been paying the mortgage
my name is ***** ***** the mortgage or deed but have been paying the mortgage frm sept.2015 -apr,2018 I don't have I know legal rights but I still want to know if there is anyway that can protect me … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,700 satisfied customers
Can a Florida home owner with a mortgage sell their deed to
Can a Florida home owner with a mortgage sell their deed to an investor? … read more
RealEstateAnswer
RealEstateAnswer
Lawyer
30,961 satisfied customers
I recently contacted a mortgage company to do a FHA
Hi, I recently contacted a mortgage company to do a FHA streamline refinance. I spoke with a loan officer and gathered the documentation that he requested. He called back a few days later to let me kn… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Sons business in trouble. Bank will not give new mortgage as
Sons business in trouble. Bank will not give new mortgage as business is poor and he delinquent on real estate taxes has made mortgage payments over 20 years and never missed a payment. To help him we… read more
RealEstateAnswer
RealEstateAnswer
Lawyer
30,961 satisfied customers
My question is: can a person put a second mortgage on a
Hi... my question is: can a person put a second mortgage on a house if his name is ***** ***** the deed or mortgage? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
On a reverse mortgage if the spouse is not of age and you
On a reverse mortgage if the spouse is not of age and you take her off the title for the loan, Is it ok to put her back on the title when she is of age… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
When there is an assignment of a mortgage from one bank to
When there is an assignment of a mortgage from one bank to an other which bank does the filing in the county ,… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,153 satisfied customers
Can a mortgager try to foreclose on a property in California
Can a mortgager try to foreclose on a property in California *if* the mortgage customer:1. Sold the property to buyer A, without paying the mortgage off2. Filed BK to save a different property3. Buyer… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I am selling my house. It is NOT in default. The mortgage
I am selling my house. It is NOT in default. The mortgage company never recorded the mortgage in the county. They are not sending a payoff amount. The county has the house paid off. Can I walk away fr… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,276 satisfied customers
MORTGAGE QUESTION: When mortgage lenders make loans to
MORTGAGE QUESTION: When mortgage lenders make loans to individuals to purchase a condominium/home where there is a Condominium Association / Home Owners Association (HOA), do they typically require be… read more
Lori
Lori
Juris Doctor
1,087 satisfied customers
I believe my original mortgage with "Greentree, LLC" is not
I believe my original mortgage with "Greentree, LLC" is not being honored with the New Mortgage company "Ditech" which bought Greentree out approx. 3-5 yrs. ago. I had a mortgage which I was paying do… read more
Lori
Lori
Juris Doctor
1,087 satisfied customers
My home was in foreclosure, but I worked with the mortgage
My home was in foreclosure, but I worked with the mortgage company's attorneys and I received documentation with reinstatement figures. I also received directions on how to pay and where to send the f… read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers
I have grounds to Terminate a contract with my mortgage
I have grounds to Terminate a contract with my mortgage company, how do I go about doing or the steps to do this.… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,700 satisfied customers
Who are "beneficiaries of mortgages or deeds of trust" in
Who are "beneficiaries of mortgages or deeds of trust" in the context of condominium property? Such are required to sign any amendment to the "Enabling Declaration for the Establishment of a Condomini… read more
socrateaser
socrateaser
1,031 satisfied customers
What is the statue of limitation for mortgage fraud in
what is the statue of limitation for mortgage fraud in Florida … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,208 satisfied customers
My mortgage company is raising my mortgage saying I do not
My mortgage company is raising my mortgage saying I do not have enough money in my escrow account. If I pay the escrow reserve amount in full the mortgage company is raising my mortgage payment anyway… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,335 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