I have a judgment against me from the second mortgage holder on an investment house I bought that was foreclosed on. The first mortgage company foreclosed and sold the house (in Nevada) at auction. The second mortgage company didn’t get settled thru foreclosure because of some law in Nevada so they came after me and won the judgment 120K. Now they have garnished my wages and I am barely making it (Single income, three kids high rent in So. Cal) I do not have ANY assets, and do have large credit card debts and reside in California. I was asked if the judgment was non-dischargeable- it does not say non-dischargeable.
Is it my only solution to go bankrupt(not credit consultation nor counseling)
1) I’m not sure if I which chapter I should file under.
2) I do not have money for a highpriced lawyer- what are my options? (I have found flat rate attorneys and cut rate bankruptcy specialists)
3) What questions should I ask of prospective legal help before I commit to one service/attorney?
Oh, more info, the home was bought on little down with our very good credit. There was no equity in it but was in an area of high rising appreciation (three years ago). But one day the developers of the housing tract lower the prices of the newest tract accross the street. They cut the price of the new identical homes by 100,000 dollars. We found our investment home devalued by 100,000 overnight and had aprox 90k in negative equity. We were previously renting it for a 300.00 a month loss- banking on quick equity by appreciation.

Technorati Tags: assets, attorneys, auction, bankruptcy, counseling, credit card debts, credit consultation, developers, first mortgage, Foreclosure, judgment against, lawyer, legal help, money, mortgage company, mortgage holder, negative equity, second mortgage, three kids, wages

without success, now the home is in foreclosure proceedings, and the lender will not talk to me regarding the account, because my name is not on the loan. I cannot get them to speak with me about a loan modification to stop foreclosure. I cannot refinance because the loan is in default, and I cannot file bankruptcy to stop foreclosure because the loan is not listed in my name and is not reported on my credit profile. I have the deed proving I am the owner of the property (which I have sent to the lender multiple times) but I am out of options, and am about to lose my house with no way to stop it. Any Advice??? P.S. Have talked to many attorneys, but cannot get any help.

Technorati Tags: attorneys, bankruptcy, credit profile, foreclosure proceedings, Loan Modification, multiple times

I live in MI and am going to let my 1st home go into foreclosure due to the recent discovery it has structural issues which are est at k! I owe 4k + k on an equity line of credit, and the house is unsellable obviously. We did get approved for another mortgage and plan on just walking away and buying another house. We did consult w/ 2 bk attorneys and they both said we would have to claim bk to prevent paying the deficiency. My ? is that I thought Bush created a new law that foregives this debt.deficiency?? Both attorneys seem to have nothing to say about this new law-are they just wanting my business?? Just want to make sure no one can come after our new home and also if we file ch 7 does that wipe out all debt owed? Does the fact that we have this equity line affect anything? Will the bank possibly allow us to to deed in lieu? I also want to pull out the remainder k that I just paid on the equity loan-will the recent withdrawal make any difference on the bk?

Technorati Tags: attorneys, bk, bush, deed in lieu, discovery, equity line of credit, equity loan, Foreclosure, mortgage, remainder

I was wondering if anyone out there knows if this is legal. The house I have been renting for 2 years now is in the last stages of foreclosure and is to be sold at the court house later this month. My property manager told me that my landlord wants to do a walk through after the home is sold to a new landlord or the bank buys it back. The walk-thru will to determine if they will return my full deposit back. I feel once the home changes hands she has no business entering the home and doing a walk-through especially when I still am living here. I now have a month to month rental agreement and I have paid rent for the remainder of the time she will own the home. Is it legal for her to request this or should I tell them there will be a walk-thru over my dead body. My landlord told everyone she was late on her payments but did not know a Trustee Sale was about to take place. Up until a week ago she told the property manager than the bank did not record a Notice of Default on the house. County records showed a Notice of Default recorded in February and A Notice of Trustee Sale recorded this month, even though she kept denying it. The property manager seems to think that it is ok for the landlord to have a walk thru after it changes hands. What is up with these people I think they are on CRACK. Can someone make sense of this request? I am sure it is not legal!
I forgot to say I live in CA and also posted this question on Craigslist. You would not believe how many different answers I received from attorneys, landlords and real estate professionals and in did say I lived in CA. Apparently the law must not be as clear as one would think it should be, especially because this situation is happening now on a daily basis to hundreds and hundreds of people in every state which is a very sad situation.

Technorati Tags: attorneys, court house, crack, craigslist, daily basis, Foreclosure, landlords, new landlord, notice of default, notice of trustee sale, real estate professionals, remainder, rental agreement, sad situation

My mother’s home is currently under foreclosure because she passed away a year ago, and I couldn’t afford to pay the mortgage. I lived in the house for a few months, before realizing that it was too painful for me to stay there. The house has been on the market now for a year, with no offers. Now, foreclosure attorneys have made contact. A trusted friend asked me if I’d consider moving back in the house, since it’s been a year, and the pain of my mother’s death isn’t as acute. He says that it would be a shame to see it foreclosed on, as it is a really beautiful home. However, I’m not currently working, as I just graduated with my Master’s degree…I’m job hunting.
Is there any feasible way to keep the house…other than paying the deliquent amount?

Technorati Tags: attorneys, beautiful home, Foreclosure, job hunting, mortgage, shame, trusted friend

I was told by the attorneys’ who where filing my foreclosure; that I was in a modification review and my sale date would be put on hold. Well that didn’t happened and my house was sold. Do I have a case for wrongful foreclosure if I hire an attorney?

Technorati Tags: attorneys, wrongful foreclosure

I was foreclosed in 2004. Through the entire process, I worked with the lender and their attorneys, and even notified them of my forwarding address should they need to send me additional correspondence. The house was sold in May ‘04. My original loan had a 1st & 2nd mortgage (to avoid PMI). I talked to their attorneys who advised me that that the house was sold for enough money to cover what I owed. I assumed that the entire debt(1st & 2nd) was covered. Now, 3 years and 8 months later, I received a letter from a law/collection firm asking for the second mortgage balance, including interest of over ,000. I have one income, and bought a house in 2006. I’m in no position to pay this. Am I still obligated to pay the balance, considering that I almost four years have elapsed before I was notified of this? I want to do what’s right, but I cannot afford to add an additional loan to what I currrently have now. Any info would be greatly appreciated.

Technorati Tags: 3 years, amp, attorneys, correspondence, enough money, forwarding address, law collection, mortgage balance, second mortgage

without going into the sordid details how i acquired a over priced slum house, I want to know if there is any problems quit claming the property back to the lender. The lender started foreclosure procedure and promptly stopped. Actually they got the judge to rescind the decree. I called the attorneys representing the lender why and they couldnt answer. I told them I would be happy to deed the property back to the lender but they told me they talked to the lender and they do not want to go forward and finish the foreclosure. It’s been almost 2 years since i paid any mortgage payments! The attorney believes the lender doesnt want this crap property on their hands with the maintenance and the headaches that comes with it. I dont want it. the city keeps sending me hate mail to mow the lawn and clean it up from the crackheads. I have done this already and don’t want to do this forever. No one wants the property I can even give it away. So can I quit claim it back to the lender.

Technorati Tags: attorneys, crackheads, crap, foreclosure procedure, headaches, mortgage payments, slum, sordid details

I am working on a property that is in foreclosure in WA state. It is 2 months into the process, ,500 in back payments and taxes and a few thousand in attorney fees for the mortgage holder’s attorneys. Is there a ballpark estimate of how much attorney fees will be once the 135 days is up and it goes to sale, and is there any formula for calculating the rate of their charges?

Technorati Tags: attorney fees, attorneys, ballpark estimate, Foreclosure, mortgage holder, wa state

Specifically what options can a mortgage company have to get the court to hear a motion to force the hand of one party to sign papers to sell a house. There are two parties involved, but one is dragging their feet. There is no disagreement over the validity of the mortgage or that foreclosure is imminent. The stalling party continues to delay the proceedings by switching attorneys and then being granted a continuance. There is a buyer for the house, but needs the signature of both parties to continue. Given that the financial interest of the mortgage company is clear, can they file a AC brief?

Technorati Tags: attorneys, continuance, disagreement, financial interest, Foreclosure, mortgage company, proceedings, signature, validity