Two months ago I found a house to rent through a realtor. I signed a 1-year lease with the realtor and pay my rent to the realtor. The other day, the local sheriff put papers on the door stating that the house is going into foreclosure and will be sold at auction in a month. The realtor is claiming ignorance and says there’s nothing they can do.

I suspect the realtor knew this would happen eventually, but an empty house doesn’t make money, right? (Landlords can be evil…) What are my rights to at least stall this, recoup money, etc. Also I am active duty military which may provide me more protections.
Ideally, I’d like to stay for at least 4 to 6 more months. I don’t want any money back; I’ll keep paying rent as normal until I get orders in 2011.
Correction: the house has been foreclosed upon; filed with county court Aug 27th (according to the rubber-stamp), house to be locked up in October. Hope this clarifies the timeline issue.

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My Home is in Foreclosure I oweK more than what it is worth!!! Has anyone ever heard of your bank reducing what you OWE on a property to it’s current value? I owe 5 and its worth 9K now.
My Attorney advised me that when i convert back to a chapter 7 that the money lost at auction will be included in my chapter 7. its too late for a short sale right now and i cannot sell my home in two weeks either!
ALSO, when i got the Loan i was working in the same building as the lender as a escrow officer. I was making commission per deal and did not even make a base salary. I went Stated and wrote a letter to the mortgage lender that i make such and such per month per transaction when really i was probably making half of that……Can i Sue my Lender for bad business practice. It was WAY to easy for me to get in my home with no real base salary and no Income Verification. I have always had good credit until now i did not realize that a 10 on my first and a 12 on my second was going to be so much int the long run i just wanted my dream home, and now i am miserable and confused?

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My brother had major medical bills in 2007 and 2008. He got behind on his bills and filed bankruptcy in Oct. 2008. His mortgage was not part of his bankruptcy. For reasons I don’t understand, he stopped paying his mortgage because he "could not afford it". In January he was released from the bankruptcy and he still didn’t pay his mortgage. He got a letter two weeks ago saying his home was in foreclosure. He called the mortgage company and he doesn’t qualify for any of the new government programs because of the bankruptcy. He says because of his health insurance premium (0 a month) and other expenses, he can’t afford to pay his mortgage each month. So, even if I helped him catch up on his payments, he could not make a monthly payment. The mortgage company told him that because of the bankruptcy he is not legally liable for the mortgage anymore but he is responsible for the lien. What does that mean? The mortgage company has set an auction date of April 22nd. But, he thought all this had to go through a court which would give him more time. The mortgage company said they don’t have to notify him of the sale or go to court to establish an Auction date. I don’t even know where to start to help him. Where can he go for help? Thank you!

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my lawyer has filed a contempt charge on my ex for not complying with the divorce agreement, he stopped making mortgage payments the month we signed the final agreement and hasn’t paid a dime since. the home is now in foreclosure and he never took my name off the mortgage as he was supppose too. he also has not taken out life insurance policies on me or himself which he was also ordered to do.. and hasn’t paid a bank fee that he was responsible for either? what is most likely going to happen to him when we go to court? I just want to be prepared..
i don’t want to see him go to jail. I just am trying to figure out. if the home is already in foreclosure and set for auction, what will the judge make him pay?? hopefully my attorney fee’s, but what can be done?

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I didn’t believe the Homeowners Affordability and Stability Plan is to make my taxes pay my neighbor’s mortgage payments. I thought my taxes were going to stabilize the housing industry by preventing foreclosures by readjusting mortgage amounts back to a socially acceptable 38% of a families income, or if that wasn’t enough the government would pitch in 7% to bring it down to 31%, with the difference being made by extending the lease of the mortgage.

For example, my neighbor had to foreclose his condo because he had applied for an ARM (which he now knows is unwise, he hadn’t learned or god forbid been told by the lender what that meant) and got a 0,000 loan. He made his payments on time, 00 a month for the first two years (they were interest only). Two years later, his interest rates readjusted to make his monthly mortgage payment 00, while his property value had lost 0,000. He tried paying the 00 a month, but considering it was just interest on the loan, and rents in the area are 00, the whole thing was just a huge disillusionment. He tried to get the mortgage company to restructure, but they wouldn’t. He stopped paying, and the company got ,000 for the property through auction, losing 0,000 in the deal – ,000 or so that had been repaid.

This, extrapolated across the country, of course made everything extremely unstable, and is only now trying to be contained. For the above example, what I thought would have been extremely wise for Wilshire (the lender) was to take the homeowners documented income, (~5500 a month) make the mortgage 31-38% of that income, fix the interest rate, and extend the terms of the lease to be a 50-year mortgage. Homeowner stays in house, lender doesn’t lose 0,000 and the financial system is better stabilized.

I thought that was very close to Obama’s plan, and so I see this bumper sticker by the Tennessee Republican Party and think it’s irrational, inflammatory, and their head is in the ground.

My question is, am I misinformed, are they misinformed, or are we both wrong?

Thanks to everyone who read the entire post and considered the example.

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We are about 3 months into foreclosure. How expensive is deficiency judgement? Can I sue for monies from nonpayment of monthly payments, insurance and taxes that I had to pay? Once we have the auction, whether it sells or we take the house back, how soon do they have to be out of the house? What do I do if they don’t leave? Do I keep their belongings? What if there is major damage to the house now?
I will NEVER, EVER carry a loan for someone, nor would I reccommend anyone else to do it. We needed to sell the house, we took a loss on it, and every month we lost money on it.
Thanks

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My house got put in foreclosure. It’s been about 6months of non payment. My house soon will be in auction by the sherrif, do I have to leave right away? How much time do I have before I leave? Please help!!!

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I didn’t believe the Homeowners Affordability and Stability Plan is to make my taxes pay my neighbor’s mortgage payments. I thought my taxes were going to stabilize the housing industry by preventing foreclosures by readjusting mortgage amounts back to a socially acceptable 38% of a families income, or if that wasn’t enough the government would pitch in 7% to bring it down to 31%, with the difference being made by extending the lease of the mortgage.

For example, my neighbor had to foreclose his condo because he had applied for an ARM (which he now knows is unwise, he hadn’t learned or god forbid been told by the lender what that meant) and got a 0,000 loan. He made his payments on time, 00 a month for the first two years (they were interest only). Two years later, his interest rates readjusted to make his monthly mortgage payment 00, while his property value had lost 0,000. He tried paying the 00 a month, but considering it was just interest on the loan, and rents in the area are 00, the whole thing was just a huge disillusionment. He tried to get the mortgage company to restructure, but they wouldn’t. He stopped paying, and the company got ,000 for the property through auction, losing 0,000 in the deal – ,000 or so that had been repaid.

This, extrapolated across the country, of course made everything extremely unstable, and is only now trying to be contained. For the above example, what I thought would have been extremely wise for Wilshire (the lender) was to take the homeowners documented income, (~5500 a month) make the mortgage 31-38% of that income, fix the interest rate, and extend the terms of the lease to be a 50-year mortgage. Homeowner stays in house, lender doesn’t lose 0,000 and the financial system is better stabilized.

I thought that was very close to Obama’s plan, and so I see this bumper sticker by the Tennessee Republican Party and think it’s irrational, inflammatory, and their head is in the ground.

My question is, am I misinformed, are they misinformed, or are we both wrong?

Thanks to everyone who read the entire post and considered the example.
Wouldn’t you like to know* Is there any proof that we are paying for people’s mortgages other than the costs to refinance them?
xiphos* I don’t have any problem with what I explained. I think it should have been done over a year ago to stabilize financial flows. Mortgage fraud was horrendous in my area. I still have yet to see any proof that my tax dollars will pay my neighbors mortgage instead of their income.
If they are not using tax dollars to refinance the loans, and paying a 3rd outright, then I have a problem with that. Yet, I read the Foreclosure prevention act and I didn’t see the government offering any more than 7%.
Plowboy* Congratulations, I also bought a condo 30 year-fixed, 20% down, at a 3rd of my income. But where do you get off with that murderer crap? pendejo…
Plowboy, you’ve proven incapable of irrational thought, and if you want to influence others to consider your views as valid, you need to work on that. To link freeing murderers from assisting homeowners who were defrauded, is nothing more than verbal vomit.

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My husband died early this year. He had, so he said, and insurance policy for ,000.00. He got papers every year from Prudential which he opened and put away. When he died, however, and I called the company, I found out that he had lied, (not the first time), and the only insurance he left was a 2000.00 policy in his parent’s name, he had let the other policy lapse last year.

The house I am living in now was in foreclosure…my late mother in law bought the house back in 1996 and we paid her rent money every month towards the mortgage payments. After she died, my husband took the advice of a friend of his at work who told him, "You don’t have to make any house payments until the probate is settled", which of course was not true. So my husband, while assuring me he was making the house payments from a checking account he had in his own name was in fact not making them, and lying to me about it. (YES, I KNOW he was an idiot, but it gets worse.)

Without telling me a word about it, he allowed the house to go into foreclosure, it was a default case, and he didn’t even OPEN any of the papers he got from the court. The papers all went down to his late mother’s house, since the loan was in her name, and I didn’t see them, or I would have taken steps to stop it. (He also let her house go into foreclosure and lost it at auction last year. Yes, an idiot.)

The first I heard of it was when he told me that the house was due to be sold at sheriff’s auction. Frantically, I looked on line and he declared emergency bankruptcy with less than 24 hours to go before the sale. He then went through Loss and Mitigation. Right now, they want to refinance the loan but the loan is STILL in my late mother in laws name, even though I have sent them 4 copies of her death certificate, and called them 7 times to explain the situation.

I don’t even WANT this house any more because I can’t stand it, it needs major repairs, and our next door neighbor is crazy and keeps gossiping about us all over town and is showing an unnatural interest in my pretty 19 year old daughter.

We saw a house in town that we love and can get for ,000.00. Unfortunately, I don’t have much money at all, since I had to pay off a few creditors after my husband died unexpectedly in February.

Right now I am not working; I lost my job early in 2008 after the company I worked for went out of business. I have been applying for jobs ever since without success, and believe me I’m not picky. I don’t have a very good credit history right now, since my late husband and mother in law took out credit cards in my name after we moved and the applications came to my mother in laws house (where we had lived) and they filed them out, maxed them out, and never paid on them. (My husband told me at first it was my mother in law who took them out herself, telling me this after she died, then late in January he confessed that he had taken them out with her too, (Believe me when I say if there hadn’t been a death there would have been a divorce)). So I don’t know if that’s why I can’t get a job or if it’s my age. (I’m in my mid 50’s and a lot of companies are hiring younger people now.)

My 22 year old son, who is out of school and working, and my 19 year old daughter who goes to school and works part time live with me, and I get a Social Security check for me and my 12 year old daughter every month. We want this house very badly, I can’t sell mine right now because it needs too many repair jobs, which my husband never did, and I don’t have the money to have them done.

We really want the other house. Is there anyplace we can get a loan in our situation? Anyone who can give me some good advice, (and not smart mouth me about my situation, or my horrid late husband and his equally horrid mother), I would so appreciate it. This house is driving me to despair and I so want to start out in a new place, fresh away from any reminders of my late husband and away from the hideous neighbor. (This reads like a bad movie, I know, but it’s all true.) Thank you!

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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.

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