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Found 19 results

  1. We had our house foreclosed and it finalized in August of 2015 (state of KY). After a major clean-up of our report (also used LexLaw) I was able to get all addresses but our current address (state of CO) deleted. Today I noticed that the trade line for our mortgage company states "foreclosed" only on TU - EX and EQ just stated delinquent by 4 months (or something to that affect). Plus, there is no public record on the CR. My question is: How could I proceed to get the trade line removed for the mortgage company so there is no foreclosure showing on the report? Yes, we did have t
  2. Amendment form for motion to appear & answer I believe I may have been misguided by a volunteer attorney in filling out my "Motion To Appear And Answer". Question 1. My understanding is that if I write anything but "Deny" on the form, it automatically puts me in a position to receive a judgment. Is this correct? I would like to amend my motion but have been unsuccessful in locating the form even under the proper sublink on the Circuit Court of Cook County website. Question 2. I would greatly appreciate if someone can direct m
  3. Would like to switch judge for my Illinois foreclosure case I've been unsuccessful finding the proper form on the Circuit Court of Cook County website. Question 1. Anyone know where else I could locate this or who could provide the form for me in your reply? Question 2. I believe I may have been misguided by a volunteer attorney in filling out my "motion to appear and answer form". My understanding is now that if I write anything but "Deny" on this form, it automatically puts me in a position to receive a judgment. Is this correct? 3. A judgment
  4. Long story short, I was doing a friend a favor and did a contract for deed (paperwork written up by a lawyer). Well, it ended up in foreclosure and listed on my CR in 2013. So now I'm trying to get a mortgage and was asked when the sheriff's sale date was. Honestly, I didn't have one because the bank or lawyer did not contact me by phone or mail. So I called the sheriff's office, nothing. Finally ended up at the circuit clerks office in which she said "Well that's weird". Your house didn't sell. There is a dismissal order without prejudice signed by the judge on Feb 19th, 2013. She said don't
  5. Hi All, I have a rental in WA state that we bought in 2007 with Countrywide as the lender. They sold the loan to BofA then now Nationstar is the servicer. I'm doing a strategic default on this and my last payment was Jan 2014. Looks like they are finally getting around to the foreclosure and I'm posting to see if anyone can recommend a method to challenge the integrity of the note/deed of trust. According to a reply from Certified Forensic Loan Auditors, I may have a case since the deed of trust was never assigned to anyone, ever. I just checked my county recorded records and the o
  6. I went through a Michigan foreclosure which was completed 4 1/2 years ago through a sheriff's sale. Without my knowledge, my mortgage company is now reporting that I owe them $30,000 because the sale did not cover the mortgage amount. While I understand that there are deficiency judgements, I never received any kind of notice of legal proceedings. In addition, and this is the biggest issue, I paid mortgage insurance (PMI) for the life of the mortgage. Everything I've read about foreclosure law states that a deficiency judgment cannot be pursued of the borrower paid PMI. Does anyone know what t
  7. I wasn't sure if I should post this here or in "Legal Issues" but I hope someone can help. My husband & I purchased a "deeded" timeshare in FL. Almost immediately after, after my husband began ship rotation & extended deployment (Active Duty). After my husband left the ship, he had a change of assignments and my job was eliminated leaving us with significantly lower income. We had trouble paying. I tried to sell it to no avail, give it away, ebay, all a no go. Last year, I called the company about a "deedback" only to be told they could not while there was still a balance but could
  8. While out of work we got behind on our HOA assessments. The HOA Board (our neighbors) decided to file suit against us 4 months after a payment had been made when all that was owed were the 2013 assessments and a few late fees. The excessive collection fees, attorneys fees and late fees added up quickly. So we added fees (about $3000) into a Chapter 13 that was really filed just to get our mortgage lender to modified our loan. That strategy worked and this past August our mortgage lender modified our loan so we ended the chapter 13. At that time we also began trying to negotiate with o
  9. Hi all, first post, but been reading forever. Need advice. I have a solid appeal on the finding of Summary Judgment on my mortgage. (New Mexico) 3 recent NM Supreme Court cases, have recently come out, and mirror my main argument, that the court erred because there was no evidence of standing at the time of the complaint. (The note provided as evidence wasn't indorsed) However, now that I've appealed, the Plaintiff, DB has just filed a Notice of Sale. I have already filed the Notice of Appeal, and Docketing Statement, and waiting for the case to be calendared. Need advice, and/or
  10. Hi Everyone, I apologize in advance if I am in the wrong forum. I am posting on behalf of a dear friend of mine. Here is what I know: We are in Arizona 2007 Refinanced and took out second mortgage 1st = 200K 2nd = 85K Approx 2009 they filed Chapter 7 which included discharging the 2nd mortgage (Nov 2010). They were advised at that point to file Chapter 13 a few months later to remove the lien on the second, but they never did. Fast forward almost 4 years later. They are CURRENT on their first mortgage with a balance of approx $180 They received a letter from Trustee Corps the trustee for "P
  11. My mortgage lender is sending a lot of mixed signals, so I am trying to gauge their intent and come up with a plan. I was 2 payments late and then filed Chapter 7 due to crushing CC debt and upcoming CC Trials when my 3rd mortgage payment was due. After paying all the attorney fees, I did not have money to pay my mortgage payment, so I got to the point where I was 90 days late. A couple of weeks later, I sent all of the loan mod documentation, have been cooperating with them and been sending them all the documents they'd request. I also do have a fairly good income/job now (finally!), so I p
  12. Just curious if anyone has had any experience defending against foreclosures in California or in any other non-judicial foreclosure state. I am currently 3 months behind on my first mortgage and have filed for Chapter 7 bankruptcy recently. The automatic stay is currently in effect, and the lender has not filed the motion for relief of stay (not yet). I have sent one QWR request and got the note, deed of trust and other basic stuff. I have also sent the loan modification docs, but was told not to expect too much to happen on it while I am in chapter 7. I have sent one payment this month (that'
  13. I'm in Florida - I am currently in foreclosure. Case was filed 8/2012. I did not request an extension of time and filed my answers and affirmative defenses (all 28 of them) within the 20 days. One defense was the non-resident cost bond issue. At the end of December, I filed motion to dismiss for failure to post cost bond. End of January, they filed motion for extension of time to answer my answer/affirmative defenses. End of April, they posted cost bond. Neither of us had set a hearing for either motion. About a week ago, I received a notice of hearing on my motion to dismiss (not their mot
  14. Hi folks, I origionally posted this in Is there a lawyer in the house, I thought this might be a better forum. It's been a while since I've posted here, but the following has me somewhat confused. I have tried to explain the details to the best of my ability, and I would really appreciate some input on your thoughts and what to do next. Our primary residence is in Foreclosure with an attorney handling the case on our behalf. It seems to be in a stalemate position at the moment. I received a letter from another attorney/debt collector regarding the 2nd Mortgage/HELOC on the property, I h
  15. HI All, I've been getting so much help out of this forum. Like many, I was hit hard by the economic crisis. I had a number of investment properties that turned sour and had to let them go. Thanks to the advice here, I've already gotten 3 foreclosures removed from my reports because the bank never responded to the CRAs. So, I have a few second mortgages that I am working on getting off my reports next. So, here is my question. BOA purchased the horrid Countrywide and PNC bought not-quite as horrid National City. CW and NC were my OCs. So, are BOA and PNC CAs or are they OCs? Anyone dealt
  16. The ex-husband was awarded the marital property in the divorce decree. The mortgage deed contains the name of the husband and the wife. The mortgage loan was under the name of the wife ONLY. More than 3 years has past and the ex-husband announced 2 weeks ago that he has built another house in another county and the marital property is about to go through foreclosure. Again, this mortgage loan is in the ex-wife's name ONLY. The collection agency has apparently been searching for the ex-wife but no communication has yet been made. Until two weeks ago, she was not aware that the property was
  17. Hi there, I'm not even positive how I ran across this site, but I'm glad I did. Lots of great ideas and positive support from one another. I'm looking for some advice; I see all sorts of conflicting information on how to eliminate and/or improve bad things on your credit report. Too much time on the interwebs!! Here's my story. Bought a home in 2006, was self employed in the real estate industry. Income went from 80K to almost nothing. A few p/t jobs & contract work and I 1099'd about 12K in 2008. Lost the home to foreclosure after attempting a failed short sale....yada yada yad