Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

How do I stop foreclosure on my home? Bank wants way more…

Customer Question
How do I stop...

How do I stop foreclosure on my home? Bank wants way more then what I can afford after my hubby passed away, as he was the breadwinner.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I have done nothing. This is my 2nd time around. The 1st time, the bank would not budge on the payment amounts. I paid a few months here and there, but then stopped.

Lawyer's Assistant: Where is the home located?

Dutchess county NY

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Like what?

Submitted: 2 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 12 hours by:
3/26/2018
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,031
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

You may consider filing for Chapter 13 bankruptcy to stop he foreclose. Once the bankruptcy is filed,you would give the Notice of Bankruptcy Case Filing to the law firm handling the foreclosure for the lender so that any scheduled foreclosure sale would immediately be suspended pending the outcome of your bankruptcy case.

With a Chapter 13, you would be given an opportunity to pay the amount in arrears through the Chapter 13 plan.

Click here for more information on Chapter 13 bankruptcy.

You can use the following sites to find local Bankruptcy Attorneys:

Nacba.org

Consumeradvocates.org

Lawyers.com

Justia.com

Findlaw.com

If you cannot afford Attorney, you can use bankruptcy petition preparers. You can use Google search to find the companies. Also, Bankruptcy Courts have pro se clinics that help debtors without Attorneys to file for bankruptcy relief.

Goodluck with your case,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Ask Your Own Real Estate Law Question
Customer reply replied 2 months ago
My name is ***** ***** the mortgage, rather I'm the "estate" so I do not think that filing for bankruptcy is an option (and also not 1 I would not want to pursue) I want to stay in our home but can not afford the $2100 monthly payment. I can afford $1100 max. Please advise. Thank you.
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Thank you for the information. However, I am unable to further assist. So, I will opt out to give another Attorney the opportunity to further assist you.

Goodluck with your case,

Ask Your Own Real Estate Law Question
Real Estate Lawyer: DamienJD, Lawyer replied 2 months ago
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 4,896
Experience: Attorney. Well versed, understanding, friendly
Verified

Hello. My name is***** am an attorney. Are you still looking for help on your question?

Ask Your Own Real Estate Law Question
Customer reply replied 2 months ago
My name is ***** ***** the mortgage, rather I'm the "estate" so I do not think that filing for bankruptcy is an option (and also not 1 I would not want to pursue) I want to stay in our home but can not afford the $2100 monthly payment. I can afford $1100 max. Please advise. Thank you.
Real Estate Lawyer: DamienJD, Lawyer replied 2 months ago

I see. Have you attempted to (1) get the loaned assigned to you; and (2) get a loan modification or (3) get a re-financing?

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask DamienJD Your Own Question
DamienJD
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 4,896
4,896 Satisfied Customers
Experience: Attorney. Well versed, understanding, friendly

DamienJD 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:

Barrister

Barrister

Lawyer

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 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

4,998 satisfied customers

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

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
What is involved with carrying a mortgage loan or cosign g?
What is involved with carrying a mortgage loan or cosign g? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am desiring to purchasing a Time Share with a mortgage
I am desiring to purchasing a Time Share with a mortgage (note). The Time share company registered as a Land Trust in the state of Florida. I live in IL and the same is being made in IL. the Time Shar… read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
My Mortgage company refused to acknowledge our proof of
My Mortgage company refused to acknowledge our proof of hazard insurance for a second home and imposed a 4K escrow, they acknowledged the November 2017 insurance declaration provided by my agent but r… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
22,031 satisfied customers
I live in and I have a mortgage on a property but the
I live in Virginia and I have a mortgage on a property but the property was never put in my name. Can the lender legally foreclose if it not in my name? … read more
DamienJD
DamienJD
Lawyer
4,896 satisfied customers
Bank of America sold my mortgage on January and the new
Bank of America sold my mortgage on January and the new mortgage company is not reporting my payments to the credit agency's Can I file a law suit for damages? … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,540 satisfied customers
I am a mortgagee in a mortgage through assignment along with
I am a mortgagee in a mortgage through assignment along with my brother who also happens to be a mortgagor in same mtge along with his cousin. My mother was original mtgee with aunt. mother's lawyer r… read more
Lori
Lori
Juris Doctor
1,587 satisfied customers
I have two mortgages The first is in a trial repayment
I have two mortgages The first is in a trial repayment period, the second is foreclosing on June 21st. The first says I should consult with someone because I may not have to leave my home if they don'… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
22,031 satisfied customers
I am on the deed but not the mortgage. What are my rights to
I am on the deed but not the mortgage. What are my rights to ensure mortgage, taxes etc. are being paid on time? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers
We live in a house and pay the mortgage for family members.
we live in a house and pay the mortgage for family members. We are not allowed to be put on the mortgage because of a bankruptcy many years ago that we have been discharged from. My family members sti… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
496 satisfied customers
My mortgage was discharged in bankruptcy, i want to quit
My mortgage was discharged in bankruptcy, i want to quit claim the property to my mother but to continue making payments, can the mortgage comapany accelerate the loan considering the fact that litera… read more
Jessica B
Jessica B
Juris Doctor
1,307 satisfied customers
In the case of co-owner mortgage, if the couple splits up
In the case of co-owner mortgage, if the couple splits up and one moves out do they still have to maintain responsibility? … read more
Thelawman2
Thelawman2
Doctoral Degree
1,430 satisfied customers
In Ohio, a homeowner owes the mortgage banks $144,000. 3
In Ohio, a homeowner owes the mortgage banks $144,000. 3 Judgment Creditors - credit card creditors - have liens attached to the property of $35,000. One non-mortgage creditor “junk debt buyer” of a f… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Real estate mortgages, I got a mortgage with an adj rate its
real estate mortgages , I got a mortgage with an adj rate its the 1 year libor plus 2.25 percent, is this ok or would the treasury index been better ?… read more
Lori
Lori
Juris Doctor
1,587 satisfied customers
Give me a sample mortgage note and document for the State of
Please give me a sample mortgage note and document for the State of Florida Broward County.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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
8,055 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
1,587 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
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)
11,387 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