Foreclosure

questions & answers

Question: If both parties names are on the house if one party stops paying am I responsible for all of it.

Read answer

Question: If my spouse bought a home that is most likely going into foreclosure. I was not involved in any way for the purchase of this property nor am I on the title. I do however pay the mortgage on this property. If this goes to foreclosure, can the lender come after me for any reason?

Read answer

Question: We had a house go to foreclosure and the lender ended up selling it. Now the bank of the second mortgage is trying to sue us for the deficiancy. the lot is less than 2.5 acres & house is single family. Can they do this or does this violate ARS title 33?

Read answer

Question: I have a balloon payment due this November. And I believe my house isn't even worth what I owe at this point. Is someone willing to lend in these cases? Should I be shopping for a fefinance this early? I know we are negative, but we love our house and know it will rebound one day, just need to get through this hard time. Any idea's? Thanks, Tomm

Read answer

Question: I relocated to AZ and still have a house in Nevada. I can no longer make both house payments and am considering letting my house in NV foreclosing or short sale. Not sure what tax liabilities or other repercussions may he entailed.

Read answer

Question: I AM CURRENTLY RENTING A HOME THAT WAS IN FORCLOSURE BEFORE I MOVED IN AND KNEW NOTHING ABOUT. I SIGNED A 18 MONTH LEASE AND AFTER JUST TWO MONTHS, I HAVE TO MOVE OUT. IS THERE SOME LEGAL RIGHTS THAT I HAVE TO RECOUPE SOME OF MY MOVING EXPENSES AND DEPOSIT?

Read answer

Question: I have resigned my job due to health issues, relocating to the east coast to live with family, and can not make my house payment, willing to surrender the house to Bank for short sale, or whatever they want to do. How do I start this process. The house will not sell for what I owe the bank, negative equity situation.

Read answer

Question: Are the lenders able to work with you even if your only 1 month behind. they sent us a letter giving us a certain date to catch up and what would happen if this didn't occur.

Read answer

Question: We own a unit in a condo complex that is being foreclosed upon as a whole. We need to know if we have any recourse for the loss of our investment and how this will affect our credit rating.

Read answer

Question: I currently have a 80/20 home mortgage. The first is with one lender and is a 30 year fixed. The second is with a different lender and is a 15 year balloon fixed. Does Arizona's non deficiency stipulation apply to both loans or just the first. I am concerned about foreclosing and then being pursued in collection by the second loan holder.

Read answer

Question: As a renter in a property that is going up for sale on 4-22-08, how long do I have to move and find a place to live? The owner will not return my phone calls or my money?

Read answer

Question: I just found out the house I'm renting is in foreclosure. My daughter is attending school in the area too. Do I have any rights or am I just stick waiting to see what happens? Do I pay rent? Thank You!

Read answer

Question: Are purchase money mortgages limited to no recourse notes?

Read answer

Question: the house i live in is being forclosed on, i am the rentee. can i stay in the house for the term of the lease

Read answer

Question: I have 2 investment homes in AZ and my primary home in CA where I live. Short sale is not an option for me b/c I don't qualify because I have assets. My question is if I foreclose on the 2 investment homes will the lenders put liens on my primary home that has about $200k in equity? Or do I just have poor credit for 7 years?

Read answer

Question: My condo trustee sale was last week-some realtor c=offered me cash for keys-how long do i have if I don't take this offer?

Read answer

Question: I bought a house back when the housing market boomed and at the time had a decent job that can pay for the mortgage. A year and a half later my contract ended for the job and now can't afford the mortgage. I am wondering if it's possible to do a short sale with a good amount of savings in the bank? I have 2 mortgages with 2 different lenders. I just don't want to deplete my lifetime savings before I do a short sale. I haven't missed a payment.

Read answer

Question: I own 2 properties, if I let one go into foreclosure and reside in the other property can the bank readjust my mortgage that is not in foreclosure?

Read answer

Question: I ended up in a rescue scam for foreclosure. I paid money to a mortgage company to help me and they did nothing. I have now lost my home and want to know what I can do to get my money back frome the rescue scam.

Read answer

Question: I have recently reviewed our finances and determined that we can no longer afford our home. We are not late and have not missed any payments. I have come in contact with a law office based in CA that offers loan modification, short sale, and deed in lieu services. If we opt to pay someone to negotiate for a loan modification with our lender am I less likely to fall victim to scam with a law office?

Read answer

Question: We just got married 6 mo ago& are ready to split, due to having two homes both upsidedown. We can not afford the home that is in his name only. We live in the the one that is in my name only. Will foreclosure on his home hurt me since we are now married? Would a legal seperation help the situation for him/us? His home is an 80/20 ARM loan.

Read answer

Question: I recieved a Notice of Substition of Trustee. The recorded date that shows on this notice when my mortgage lender appointed the as a successor trustee shows a recording date of September 15, 2008. Which today is September 2 , 2008, so how can something have been recorded on a date that has not even happened yet? The sale is scheduled for September 5, 2008. What are my legal rights as to getting this sale postponed?

Read answer

Question: I have attempted to sell the property in AZ for a year and 6 months. Since 1/2 of this time was applied to a short sale I had 3 Realtors. I had a first mortgage and a second home equity. The second refuse to cooperate the last realtor pulled out my foreclosure is set for Nov. can the equity loan come after me for the money? Am I protected by the Anti deficiency Laws?

Read answer

Question: I have a first and second mortgage on my home. The value has plummetted by 35% since I bought it 2 years ago. How can I submit for a loan modification program if I have 2 loans? My only other option is foreclosure. What happens if I have to default on the 2nd, but try to stay current on the 1st? I need help!

Read answer

Question: is "strict" foreclosure or "deed in lieu" foreclosure available in arizona?

Read answer

Question: In 2003 I losa a home to foreclosure.There was over 40,000 of equity in my home. After all debts & liens were paid off,10,000 in excess proceeds was put with the State Treasury of Arizona.How do I go about getting my money back from them?

Read answer

Question: I am living in a house that is in foreclosure. The trustee date is in December, how lolng do I have until I get evicted from the property? How does the whole foreclosure work in AZ?

Read answer

Question: The question concerns anti-deficiency laws in Arizona (non-recourse state) in regards to foreclosure? I am trying to determine if they are different for owner-occupied and non-owner-occupied residences in Az? If there is a deficiency in the foreclosure, can I be sued as a non-occupant owner for a deficiency.

Read answer

Question: Can a lender sue for a deficiancy balance(first mortgage only)on a townhouse or condominium? Does AZ33-814 prohibit the recovery of any balance due after trust property is sold pursuant to the trustee's power of sale, or the trust deed is foreclosed in the manner provided by law for the foreclosure of mortgages on real property.

Read answer

Question: My father took out a reverse mortgage. The house appraised @ $320k, they wrote him a line of credit for $425. Thankfully he didn't use all of this money. Is this considered preditory?

Read answer

Question: Are the terms of a loan modification completely at the discretion of the lender or are there state or federal guidelines they must follow? Homeowners must become 90 days behind to get my mortgage company to consider modification. By this time, isn't my credit nearly as damaged as it would be with foreclosure?

Read answer

Question: I bought a timeshare in Nevada, but due to my husbands remission of cancer and my multiple sclerosis, we can no longer make the payments. If they foreclose on the timeshare can they garnish my wages in Arizona

Read answer

Question: I understand that in Arizona, deficiency judgements cannot be sought on purchase money loans, but what are the rules for second loans?

Read answer

Question: I bought a condo in July 07' using funds from a City of Phoenix bond program. I was unaware of a stipulation stating that the owner must occupy the unit for the life of the loan. I was laid off from my employer and I have had to relocate to Texas for work. Now the mortgage company is stating that they can accelerate the loan pay-off requiring me to pay the loan in full. I pay my mortgage payment each month, how can they do this?

Read answer

Question: how long does the foreclosure process take before you're kicked out of your home completely?

Read answer

Question: If a writ of eviction is issued after a foreclosure, must the new owner store the evicted person's goods, or are they put out on the street?

Read answer

Question: Does the Superior Court have a procedure for expedited processing of time sensitive cases? If so, would that procedure be applicable to a foreclosure of the right to redeem a tax lien?

Read answer

Question: I rent a house that is in foreclosure. the landlord does not know that i am aware . The house is being put up for auction in 60 days. Am I within my legal rights to withhold rent so I can find another place to live? Can he try to evict prior to the auction due to unpaid rent?

Read answer

Question: Is a condo covered in the anti-deficiency statue of Arizona? My condo is one of a 4 unit building. Is that a single family dwelling? I am the only person who lives in it. Can someone please help?

Read answer

Question: We had a home that was foreclosed on in 2008. We had a first mortgage and a second HELC, both by the same bank. They foreclosed via trustee sale, not judicial foreclosure. Can they come after us for the total amount of the HELC?

Read answer

Question: We currently have a mortgage on our home as well as a home equity line of credit. If the first mortgage company forecloses on our property, can the bank that we have a home equity line of credit sue us or file a judgement on us for the amount of the home equity line of credit we used?

Read answer

Question: My now husband bought a home in 2007 at the peak of the market (before we were married). We can no longer afford the house payment and are now married but only his name still exists on the title. If he forecloses on the home, will both our credit be affected although we got married after he bought the home and the title is still only in his name?

Read answer

Question: Due to piling credit card debt and a recent diagnosis of cancer I may be headed towards foreclosure on my condominium. My question is if I cannot save my home will I be subject to any deficiency judgments against me because my residence is a condominium? I've read about if the property being less than 2.5 acres and a single family dwelling is safe from deficiency judgments. Do condos fall under the same protection? Is there anymore light you can shed on this situation for me?

Read answer

Question: We lost our home a year and a half ago through foreclosure. They had strung us a long promissing to help, we didn't know there was other help out there. Is there a way to get the home back (it's not sold), is there any type of assistance for people who are already "homeless" We got a notice for settlement payment - is this our only option for assistance?

Read answer

Question: I am leasing a house threw a management company and found out that the house is in foreclosure and an auction date has already been set. The way I found out is the attorney for the lender posted the notice on our door not by the management company. I had to let them know. Am I still suppose to pay them the lease payment?

Read answer

Question: I put my Fathers name on the Deed to my house in hopes of refinance. This fell through for many reasons. I am now pending a foreclosure. Will he be affected in any way with his name on the deed??

Read answer

Question: I own a note on a mobile home located in Tucson, AZ. The buyers are behind on their payments. How do i evict them since it is not rent.

Read answer

Question: how long do we have after told about foreclosure to move out?

Read answer

Question: Is a single unit in a large condominium complex treated the same as a single family residence under the AZ anti-deficiency statutes?

Read answer

Question: If your home goes to foreclosure, how may years do you have to wait before you can buy a home again?

Read answer

Question: Does the Arizona Revenue Service have something similar to the IRS' Mortgage Debt Relief Act of 2007? If you have a foreclosure and subsequent debt forgiven, does Arizona add it to your income or do they have a provision to exclude it (similar to the IRS' Mortgage Debt Relief Act of 2007)?

Read answer

Question: What is the actual process for evicting a homeowner after the property has been foreclosed, including timeframes?

Read answer

Question: If house is foreclosed on, what does the new owner need to provide to the old owner and how long does the the old owner have to get out by law?

Read answer

Question: Are there any tax consequences for the state return after a forclosure or short sale?

Read answer

Question: i rent a house that is going for auction. do i have to keep paying him rent or can i keep that months rent so i can move out. how long do i have to move when it is sold.

Read answer

Question: House is being foreclosed on. There is a second mortgage involved. What is the statue of limitations for the second mortgage to file a deficiency law suit? Is it 90 days after the sale of trust of the 1st mortgage foreclosure? Or does it fall under the 6 year rule?

Read answer

Question: The house is currently in foreclosure.It is being sold at an auction in January.Will they give me a notice telling me I have to get out? Or can they by law,put my stuff on the curb?

Read answer

Question: The bank is foreclosing on a home that I am on the loan, however in our divorce decree there is a deed stating that I am not to get any profits and or be held responsible for the debts of the home, if he files bankruptcy will I have to do the same to keep the bank from coming after me?

Read answer

Question: My house was foreclosed on in 2008; the 2nd Mortgage was not used to purchase the home, and the 2nd Mortgagee has now sold the "note" to a collection agency. If the 2nd Mortgagee never filed or sued me on the deficiency can the collection agency pursue the collection of this debt? Who is the holder of the written contract that I had with the original lender?

Read answer

Question: what if i cant make the full payment amount of the reinstatement on time what will happen

Read answer

Question: we are currently listed as owner's to a mortgage but signed transfer of property- deed papers to an investor of whom we have been making monthly payments to. We have been informed by the mortgage that our payments have not been submitted and that we will soon be in foreclosure. What can we do? This investor promised to assume the mortage as well as the property but really only filed tranfer of property and continues to collect our money, of which has been steady each month.

Read answer

Question: My home is scheduled for foreclosure and trustee sale on 4/19/11.I've requested a loan mod and attempting to do a short sale but time is running out.If my home is foreclosed, how much time do I have B4 I 'm evicted and if the shortsale goes through,do I have to pay taxes on the forgiven debt or do I qualify under the Mortgage Forgiveness Debt Relief Act

Read answer

Question: Can my lanlord come after me for the money if i break my lease early, and the house is in foreclosure?

Read answer

Question: My friend has a friend who is losing her house through foreclosure. She paid an attorney $8,000.00 for assistance, and the attorney hasn't helped her in any advice, in over a month. Now she's worried that someone from the sheriff's Dept., is going to lock her out. She has 3 pets, is now broke, has no place to go, and all her belongings are still in her house. Can she request the sheriff's Dept., to give her an extention, until she can find a place to say, and to put her belongings somewhere else? And if so... how long can the extention be, at most? She lives in Phoenix, Az. Thank you~

Read answer

Question: I've been renting from the same landlord for three years and suddenly he foreclosed. Is it possible for his name not to show anywhere on the foreclosure papers?

Read answer

Question: My house was due for a short sale. We had a buyer with good faith money down. The loan servicing company let the time frame lapse, did not respond to my realtor's requests, and sold the loan service subsidiary to Goldman Sachs the week after,and they took it to foreclosure. Now I have a lawyer for the HOA hounding me for $4000. The bank that owns my former property just listed it again for the price we ( my realtor and myself ) had it sold for originally. What do I do about the HOA problem? This was in Arizona. I am now living in Colorado.

Read answer

Question: I have a 3plex in AZ that is about to go into foreclosure. I was told by an Attorney that if the lender does not come after us with in 90 days of the foreclosure date by law they cannot come after us in other words sue us. Is this true?

Read answer

Question: My home which is worth 230,000 was sold in a trustee sale for 12,753.85. I found out the 1st trustee has the same last name as the company president of the company that bought the property. Before the sale a substitute trustee took over. I believe this sale was done with an Irregularity in conduct and an Inadequate sales price. What recourse do I have. Time is of the essence. No money for an attorney. Thanks

Read answer

Question: I belong to a Property Owner's Association. The manager and the original Developer states we do not follow ARS Title 33 because the Association is a non-profit corp. and does not own property. We are all mandated members that must pay dues to maintain the roads that are dedicated to public use. We have bylaws, CC&R's. Is this true? The developer is getting properties back thru foreclosures and says he does not owe dues and is using his 10-1 votes from the foreclosures. Our CC&Rs say that if the first mortgagee gets property back they are not liable for past dues, but from acquisition. Help?

Read answer

Question: I rented a property and signed the lease april 2012. I moved in june 2012, I recieved notice the property was going to be sold in auction in october, 2012. can i recover my deposit

Read answer

Question: My house in AZ was foreclosed on& was one of the homes that was part of state of AZ v B of A(national mortgage settlement). Since this foreclosure was part of the successful lawsuit for unfair practices, could I ( and how) can I have it removed from my credit report?

Read answer

Question: In 2010 I was granted a bankruptcy, which included my home. However, the home wasn't foreclosed upon until 2011. Now, I want to purchase property. Does the date before I can get a loan count back to when the bankruptcy was granted or to the date of the foreclosure?

Read answer

Question: We received a tro from district court on our foreclosure it was mysteriously remanded to state court then dismissed by state court we are under appeal to 9th circuit. It turns out opposing counsel clerked for judge at the AZ supreme court and US court of appeals for the ninth circuit. Neither the judge or opposing counsel disclosed there past relationship! Is this not a conflict of interest? Is the judge not required to disclose there past relationship? Is the lawyer not required to disclose there past relationship? Is it of any use in a dismissal?

Read answer

Question: my house was sold at auction today, I was not notified prior to the sale from my mortgage company. I chatted with another lawyer and he said that they should have posted something at my house 20 days prior to the auction, nothing was posted. is this legal?

Read answer

Question: I lost my home to foreclosure back in 2010.I have received a payment from the mortgage relief settlement fund. I want to know if I can seek legal action to file a claim for further compensation. I lost over $100,000( my down payment) when I lost my home. A bank that was part of the settlement was my lender. Thank you.

Read answer

Question: My home was forclosed on 2yrs ago after my real estate agent tried for 2 long years to short sale it.  Mortgager #1 denied all offers for the first 1.5yrs, while 2nd mortgager was agreeable.  Final offer was finally accepted by Mortgager #1 but 2nd mortgager completely blocked the sale by rejecting offer.  Now 2nd mortgager still sends me mortgage bills and calls me daily to try to collect this debt!  They also report my payment as LATE EVERY MONTH! Is there any way to get them to leave me be?  Do they have the legal right to harass me even though they are the reason I went through this foreclosure?

Read answer

Question: Can HUD or FHA garnish my Social Security and Honeywell Pension for expenses if my Reverse Mortgage defaults?

Read answer

Question: Short Sale question - What do I do if there was not full disclosure at the short sale by the lender that a heloc would still have a balance & they would come after me 4 years later?

Read answer

Question: Can a bank start a foreclosure while they are in the process of doing a modification for homeowner?

Read answer

Question: Is the law the same re foreclosure the same for a mobile home? I have vacated the property. Can my wages be garnished?

Read answer

Question: My family and I had moved into our new home after paying six months in advance and signing our lease . One and half months into being our home , the sheriffs arrived at our door saying that they had put warning's on our house, though we never saw any . Conveniently, our landlord was nowhere to be found . What agency will help us get into A home and help with a couple month's rent?

Read answer

Question: I have a trustee sale date on my house 10/10/2013. Have a review for the Dept. of Justice modification still in review. Have had 9+ letter/certificates from (Proper name redacted) , paperwork has been filed with the maricopa County Recorders office as well of Foreclosure listed on my credit report. I am job hunting as well and many employers put in requirements a credit check so this makes it even more difficult for employment. I want to keep my home and receive an "affordable" modification ,not one which is higher than my original payment. Please advise help for me. Thankyou...

Read answer

Question: I was in the midst of a loan modification review and was told they granted me a 30 day extension on my foreclosure. I have now come to find out they never did the 30day extension and my house was sold. Do I have any legal recourse?

Read answer

Question: My house is in foreclosure, what financial damage will happen to me during and after the foreclosure of my home? Will I be responsible for the difference if the foreclosure is less than the mortgage on the home? Can this foreclosure effect my license as a LCDC counselor granted through the State of Texas?

Read answer

Question: I am behind $8000.00 dollars on my mortgage. I know they will send a foreclosure notice soon. I have been struggling due to having a medical issue both my wife and myself (Heart Attack). Is there away to keep my home from foreclosure with a a program available to me? I am still working and my wife cannot find employment in Kingman as it is a small town.I have had to file ch-13 and I am still making payments to the court trustee monthly.

Read answer

Question: MY HOUSE IS IN FORECLOSURE NOW, WITH A SALE DATE OF NOV 13. CAN I DECLARE BANKRUPTCY AND KEEP MY HOUSE?

Read answer

Question: We hired a lawyer to file court papers to stop foreclosure. He did not file in time but He said he called bank and they said they would wait 1 more week to foreclose because our lawyer needed more time. The bank did not wait and foreclosed anyways (of course) our lawyer did not file proper paper work for that he just called the bank and they said ok Now we are losing our house and don't know who to get help from. We have paid thousands to these lawyers and are waiting to see if appeals court will take our case. We did what were suppose to do they did not Have lived here 31yrs. who can help

Read answer

Question: AZ dept of Housing sent us to you to file a complaint against Bank and Mortgage Company (Proper business names redacted).  How do we mail or email our five page complaint to you? (Personal information redacted)

Read answer

Question: What are home owners liabilities during foreclosure

Read answer

Question: Since 2010 I've lived at a home in mesa az. Recently my friend gave her home back to bank/ reverse mortgage and lien on it from IRS.She moved out to Missouri in july or first of aug 2013.I still am in the home whike she knew this she broke thru a window and hsrassed me.I called police they said she has a right to come in and change the locks.what legal rights do I have I pay utility bill at the resident.the mortgage company said it is in foreclosure so I need to know my rights

Read answer

Question: I was in a chapter 13 with my only debt being my mortgage. I found out Monday my house has been sold at auction. I never received any type of notifications that my chapter 13 had been dismissed,or any notifications that I was in foreclosure, as a matter of fact I had sent the mortgage co $4,000 the previous month. I believe the sale of my house was illegal since I was never notified..Is this true, if I am never given the opportunity to save my house which are required by law and can I do anything about it now that it's been sold?

Read answer

Question: while working on a modification, my home of 17 yrs was sold at auction. Pls help me understand what my rights are. Note taped to my DOOR saying who the "new" owner is and I have to be "out in 3 days" please give me a direction, my son is disabled and lives w/me (25) I truly have no where to go and am in such an emotional wreck I cannot stand it. How can this be legal? How can a home be "sold" while they are "working on modification"? Pls assist me in whatever way you can. thank you.

Read answer

Question: How do I find out if there is a sale date for my home that is in foreclosure?

Read answer

Question: How do I find out if there is a sale date for my home that is in foreclosure?

Read answer

Question: How do I find out if there is a sale date for my home that is in foreclosure?

Read answer

Question: A mortgage company defrauded us, sold us on a refi from a 3.5% ARM to an 8% fixed before the industry crashed. Turns out the switched papers at the title company and put us back in an ARM with a pre-payment penalty. After Az Att Gen office sent a letter to them, did they finally modify our loan. 2 yrs later, I want to refi in to todays rates after no late payments and I am told since modified, never can refinance??? Also Att Gen office asked me to fill paperwork out for the settlement they reached with a Bank, I did, have heard nothing and the Bank says they will do nothing!

Read answer

Question: After my foreclosed property has been auctioned, how much time do I have to remove personal property?

Read answer

Question: I have lived here for 12 years. My name on warranty deed and signed into a trust. New company is servicing my account and will not recognize me as the owner. Foreclosure sale is Jan 14th. Have tried for several months to communicate but they will not. My name is not on the loan. Can you help me. I have a buyer for the property. They will not talk to me about it.

Read answer

Question: my loan servicer is part of the independent foreclosure review and im confirmed for compensation can I take legal action for things such as lost wages and early retirement withdraw fees and tax penalties I have detailed documentation foreclosure happened in 2010.

Read answer

Question: I was informed of trustee sale to take place 06/2008 on my home in Florence, AZ. My Husband and I decided it was best to vacate the home with our family before the sale. We filed Chapter 7 Bankruptcy in 2011 and included the home and HOA. We received a letter from an attorney, suing us for HOA dues, post bankruptcy. Wouldn't it already be considered foreclosed from the notified date of sale, even if it was postponed?

Read answer

Question: How can I get back my property I sold to someone (deed of trust) who promised to pay me monthly for 30 years arrangement, but become delinquent in payments? How to foreclose it from home owner? Does home owner covered by AZ anti-deficiency law?

Read answer

Question: I live in a house at my parents on their both deceased and I want to file bankruptcy on the house I'm only the void foreclosure can I do this legally

Read answer

Question: my home was auctioned in a forclosue on 02/28/14....I am now being evicted by monday.....where is the 70000 equity in my home ?

Read answer

Question: I have a land contract on a mobile home but do not have the title. The current is in serious default (10 months). Do I foreclose, get a judgement on the loan or get lien? Is this something I can do or do I really need and attorney? If it matters the amount due is about $11,500. Thanks!

Read answer

Question: CAN A BANK FORCLOSE A HOME IN THE STATE OF ARIZONA WITH THERE BEING NO CHAIN OF CORPORATE TITLE TRANSFER?

Read answer

Question:

I need advise and assistance. Have been working with ***Mortgage Servicer*** since 10/2011 to obtain a HAMP 1.0 Tier modification. I have filed for Chapter 11 protection in 4/12 to stop the foreclosure process and continue to work unsuccessfully with Mortgage Servicer. They have made my life so unbelievably stressful with their constant requests for duplicate information provided and 2 denials of the request based on incorrect information that I am spending hours proving their errors. Need assistance to further clarify the settlement terms of the AZ AG's office case and what can be done to help me obtain the HAMP

(This question was edited by the site administrator to redact the proper name of an individual or business)

 

Read answer

Question: My house foreclosed and was sold at auction on 4/4. On 4/5 I spoke with the new owner and he said he would give me until 4/12 to vacate. Today 4/9 I recieved a Forcible Detainer request form in the mail. DO I need to be out by today?

Read answer

Question: I am in foreclosure with Citimortgage. I just started working after eight months. I have kept in touch with them, and they will do a hardship application when I can provide two paystubs. This I can do as of two weeks from today, when I get my second pay stub. Unfortunately, they are proceeding with foreclosure. I cannot afford an attorney. I just need someone to make them wait the extra two weeks, plus however long they take to process my application. Without my house I am literally homeless, and I am so close to giving them what they need. Can you provide me with pro bono assistance?

Read answer

Question: Should I be held responsible for the HELOC on my house held by a different bank than my first mortgage that was foreclosed upon?

Read answer

Question: My home has recently been foreclosed on. I have a HELOC attached to the dwelling. Am I responsible for repaying this debt?

Read answer

Question: Currently my home is not in foreclosure. I am behind in payments and the bank will not allow me to make partials. They are willing to reinstate the loan but I am unable to raise the 6 payments required. I have received default and letters of intent to accelerate. The bank is recommending a short sale. I want to work this out and I have saved 3 payments and I wish to stay in the home. We received a modification in 2012 and a special forbearance in 2013 I am back to work after being laid off in September and emergency surgery in December. Do I claim bankruptcy in order to save my home?

Read answer

Question: My house was sold at auction on May 28,2014 while i occupied it. I was away out of town and returned today. The locks have been changed and the mortgage co transfers me to the legal dept who wont give me any info on the sale. The county recorder has no info on the sale yet and the sheriff suggested i call landlord tenant line and they cant help because i am not a renter. They suggested legal aid. so here i am . 1 How do i get the things out of my house 2.who do i go to for help

Read answer

Question: I would like to know where and how to apply for an intake. I have a CIC # and have contacted the Attorney Genrals office. I filled out and submitted my situationon line on this website in early May,my husband and I have not heard back from it. Can you pleae advise ? Thank you.

Read answer

Question: We had an 80/20 mortgage on our home. In Feb it was foreclosed on. The first lender shows as a foreclosure but the 2nd lender(chase) shows as a charge off. I was told that there is something in the state of AZ that requires both lenders to report it as a foreclosure. Is there a provision code that I can contact Chase with to have the reporting changed to Foreclosure? Thank you..

Read answer

Question: I BOUGHT A NEW HOUSE A YEAR AGO AND KEPT THE OLD HOUSE THAT I HAD FOR 13 YRS AS A RENTAL PROPERTY SINCE THE LOAN BALANCE WAS LESS THAN THE VALUE. THE TENATS DEFAULTED ON THE MORTGAGE AND I WAS UNABLE TO BRING IT CURRENT. IT IS CURRENLY GOING UNDER FORCLOUSE. MY QUESTION IS- CAN THE BANK COME AFTER ME SINCE IT WAS NOT MY PRIMARY RESIDENCE? I NEVER PULLED CASH OUT BUT I DID REFINANCE A FEW TIMES AND PAID OFF OTHER SMALLER LOANS AND CREDIT CARD YEARS AGO.

Read answer

Question: I own a property, not my main residence, that was part of a 2010 C7 bankruptcy. We reaffirmed and kept the property. We have made all of the payments since, but in the past year our finances have declined. We have tried to rent the property without much success and we have paid over $6000 above the properties income to maintain it. It is empty again and we simply cannot continue to pay the mortgage and HOA any more. It is worth about what I owe. Can I allow the property to go to foreclosure or short sale after being part of a bankruptcy?

Read answer

Question: Can the county foreclose on my condo due to non-payment of RE taxes?

Read answer

Question: When does a foreclosure come off a credit report? Seven years from the date the loan went into foreclosure, from the date of last payment or from the date of the sale at auction?

Read answer

Question: I filed for ch. 7 bankruptcy and my debts were discharged on June 2011. To this date I'm badly behind on my house payments, and my lender offers me a reduced monthly payment of $350. The problem is that my lender does not want to make any promises in writing and does not give me straight answers on what happens if I keep my end of the deal. I'm affraid my lender will simply foreclose when it may fit its interest, disregard of my needs. Also, it is wise to enter into any deals post bankruptcy if my debts are discharded already and thus, uncollectable? Thanks!

Read answer

Question: I live in a condo complex. One of the other owners has been storing property in a storage bin which is not her own. She appropriated it when it went into foreclosure. The current owner wants that storage bin. What can we do? The lock is still on and the woman (a lawyer, by the way) refuses to remove it.

Read answer

Question: In 07-09-2012 my home was foreclosed and sold. because of lost job and bad health, I could not make payments. I had a 80/20 loan. I have read info on the Anti- Deficiency (ARS 33-814). My question is do I owe on the 20 percent lone? I have not heard from that lender?

Read answer

Question: My home was to be foreclosed on 6/13/14 my husband and I filed for bankruptcy on 6/11/14 and advised Ocwen, our servicer and provided the case # to them, Ocwen in turn advised us that there would be NO foreclosure that they would put a hold on it. About a week after that we received notice of the foreclosure sale date having been moved up to 7/8/2014, I again called and they advised me that there was NO sale due to the bankruptcy filed, then in next 2 weeks I had people coming to change locks on my doors which didn't happen bur was advised that my home was now REO that it had been foreclosed.

Read answer

Question: My home foreclosed last April, i was unable to pay the mortgage and the hoa, i tried making arrangements with both parties but was unsuccessful, now over a year later i am getting a letter from a law office saying i need to pay the hoa. Can they take legal action against me?

Read answer

Question: my dad took out home loan in 2004 died 2007 never told mortage co i just kept paying the payment but fell behind on 2 payments mortage co wants 3000 or foreclose can they do that

Read answer

Question: In the dot com recession, my IT job disappeared. I had to refinance my home. My son signed the new mortgage because I needed his income to qualify. I have since wished he could be removed but couldn't refi because property values fell. Now my job has once again disappeared and I am facing foreclosure. I am applying for assistance thru SaveYourHome. My mortgage counselor tells me that I would easily qualify except for the co-signer. In the past 2 yrs, my son has gone thru a BK & lay-off. He's been at his new job 9 months makes $13 per hour. I've heard about Quit Claim deeds. Can he be removed?

Read answer

Question: We recently (7/29/14) lost our home to foreclosure, the question I have is that when we initially bought our home in Oct. 2004 the purchase price was $125,500.00 with a 3 yr arm. we then refinanced to get a fixed interest rate and got some cash to pay off debt, the refi amt was $171,000.00 that was about 5 or 6 yrs ago and now fast forward to 2014 I get a statement from the bank saying we owe $224,600+ thousand dollars on the home, how does my debt increase to that amount and is this legal?

Read answer

Question: Does the anti-deficiency statute cover for a an 80/20 loan where the 1st mortgage was refinanced (no cash out)under HARP 2.0? Refinanced only for lower interest rate/payment.

Read answer

Question: I filed Chapter13 approx 2years ago. We chose to surrender our home and the Trustee sent a letter to the mortgage company, lifting the stay so they could proceed with foreclosure. The mortgage company sold the mortgage to another company, that company sold it to another. The new mortgage company says we are still the owners. Where do we stand legally and how long can this go on?

Read answer

Question: I asked CitiMortgage Inc . for a loan modification at the end of 2012 because my ci-borrower was gone and I was going to get a 20% paycut two months from when I made my request. I was definitely in imminent danger of default. They said call back after I miss 3 payments and then they would help.Endless paperwork, 10 payments behind-I reinstated in full and am now current. They transferred deed to trustee and still foreclosure activity. Help

Read answer

Question: my home had a foreclosure hearing in November but today i received a letter saying. Motion to withdraw motion for summary and default judgement entry and decree of foreclosure and vacate hearing. what does this mean? Thank you in advance for your time

Read answer

Question: can my RV be reposess for being 43 days late

Read answer

Question: what assistance is available to me I was 12 months behind caught up on six in September and they started foreclosure this month sell date is Feb of 2015 I thought they were working with me and no notice foreclosure.? my husband was on unemployment for over 4 years and recently is now working and we are able to catch up and stay on track.

Read answer

Question: We're renting a home and have 9 months left in our 12 month lease. We just found out the property foreclosed and the home sold. We've been offered money to leave in 30 days. We are protected under the Protecting Tenants in Foreclosure Act, and can stay for the duration of our lease. We are willing to leave in 60-90 days, to give us time to find another rental. If the PTFA expires on 12/31/14 are we still protected on 1/1/15? Can they give us more time but then come back on Jan. 1st and evict us? Are we protected past the expiration of the act because we signed our lease before the foreclosure?

Read answer

Question: My home was in the middle of probate when they sold it so prior to bank sold it to company and because there wasn't somebody legally responsible for the loan hence I had to probate it before anybody at company would discuss it with me, and they granted me executorship a week after the sale. I then had a stroke and was in hospital, court papers scheduled in a few days to go to court. I want to keep my house of 17years what can I do? Please help fast. I am a widower of a vet and on disability as well.

Read answer

Question: The house I am renting is about to go into foreclosure. My landlord wants to remove the storage shed, window wrought iron around the home as well as the sun lights. Is this legal? What are my rights?

Read answer

Question: I came across an abandon/foreclosed home and I would like to find out more about taking adverse possession of the property. What do I need to know about doing this? I need the pro's and con's, please! M

Read answer

Question: I came across an abandon/foreclosed home and I would like to find out more about taking adverse possession of the property. What do I need to know about doing this? I need the pro's and con's, please! M

Read answer

Question: Can I file for bankruptcy?

Read answer

Question: After foreclosure involving a single family residence the new owner filed an unlawful detainer action against the tenants who had no rental agreement after serving them with a 90 day notice to quit. The tenants refuse to move and have not paid rent.They only had a month to month oral agreement with the former owner. One of the tenants claims that he is on parole and cannot be evicted. Is this a valid defense to the UD action?

Read answer

Question: The home we are renting is set to go to Trustee Auction at the end of this month. The "Protecting Tenants at Foreclosure Act" expired 12/31/2014. What are my rights as a tenant now that this has expired. Can I be evicted without notice..do I still have to receive ample notice if the new owner wishes to occupy the home?

Read answer

Question: Is it legal for my lender to switch lenders and foreclose my house and sell at auction with out giving me any notification or giving me the option to file bankruptcy

Read answer

Question: What rights do tenants have that are renting a house that has forclosed now that the Protection Act expired on December 31, 2014?

Read answer

Question: our home has foreclosed and we are threatened with lock out. how do we find out what court will handle the notifications?

Read answer

Question: what is the time line for eviction. does it ever go thru a court before the sheriff comes knocking? I still have the title to the land, the warranty deed.

Read answer

Question: WHAT IS THE LAW THAT STOPS EVICTION BY BOTH THE NEW OWNER OF THE FORECLOSED EQUITABLE TITLE AND THE SERVICING BANK?

Read answer

Question: Can my wages be garnished after a foreclosure? ?

Read answer

Question: Is there protection for tenants in foreclosure actions now that the federal act's sunset provision has taken effect?

Read answer

Question: I am filing a foreclosure on an agreement for sale because of non payment for 5 months. Do I need to send a letter of intent to foreclosure and wait 60 days before filing with the court?

Read answer

Question: I am curious about the 90 day requirement to file a lawsuit for a deficiency on a foreclosed home. In my case, I had a purchase money loan and a second mortgage from the same lender. After the foreclosure, the lender has continued to keep the second mortgage in an "open" status. Is the lender barred from suing on the second mortgage past 90 days of foreclosure or do they have up to the 6 year AZ statute of limitations to sue?

Read answer

Question: What happens if you rent a house until foreclosure?

Read answer

Question: I agreed to purchase a home I believed was owned free and clear by the owner with owner financing. I later learned the owner did not own the home free and clear, and when costly repairs come up he refused to help defray the costs. Was I protected under the tenant landlord act and can he foreclose as he is threatening? I have already moved out and found a new place to live.

Read answer

Question: We are tenting a beach house that is not in foreclosure yet but the landlord is not making her payments. We signed a 1 year lease. How long before the house will go into foreclosure? And when it does how long before we need to get out?

Read answer

Question: My proprty is seduced to be sold today at a Trustee's auction. I had a new loan approved for past two weeks that would pay the existing note in full, the trustee deliberately withheld the final payoff statement until 4:59 p.m. on the day prior to the foreclosure, making it impossible to fund on the new loan in time to stop the sale. Is there anything we can do to stop the sale and buy ourselves a few days to get the new loan closed?

Read answer

Question: Can a bank foreclose on a house if multiple people are on the deed, but only one person is on the mortgage

Read answer

Question: I am currently in a Ch 13 bankruptcy. My home was in my bk plan. Currently my pre and post petition payments are current. However my mortgage servicer continues to place the payments made in a reserve account for several days before applying the monthly payment. My loan servicer also adds additional fees to my monthly statement such as property preserv fee? My home was in foreclosure but since it is current on pre and post petition payments, my servicer still has not canceled the trustee sale, they just continue to move the date forward. I filed pro se and everything else has been fine.

Read answer

Question: How do I foreclose on a property that has a breech of contract for a promissory notes that was secured by the home with a lien and one that was recorded last year? What is the process?

Read answer

Question: We are currently renting a home that is being foreclosed on. A realtor is telling me to allow him to put a safe lock on the door and show the home. What are my rights? He claims to work for the trustee.

Read answer

Question: My father passed away 1/16/2015. His is the only name on his home's deed. There is a reverse mortgage on the house and what is currently owed on the mortgage is more than the house is worth. My name is not on the deed and I don't plan on going to probate to get control of the house. The mortgage company is starting foreclosure. My question: is the estate, and me personally as the executor of the will, legally obligated maintain the homeowners insurance policy until the house is sold at the foreclosure auction which could take 1 to 2 years?

Read answer

Question: Bankruptcy was done 6/2010.My mortgage was included and at same time GMAC mortgage was going thru bankruptcy and Ocwen took over my payments which I continued to make. I was not aware that I was to reassume my loan nor advised by Ocwen or lawyer on this. Ocwen took payments and stopped reporting to credit bureau's.Tried Harp but was unable due to no show of a morgage.Struggling to pay 1400mo now.If let go can they report it with lack of show of mortgage.Can they be forced to report back paymt's.what options do I have before I'm forced out of home.Reach me at rd.eaton@cox.net

Read answer

Question: I am contacting you on behalf of a close friend. She is disabled and had two children one of which are disabled. She has a USDA loan on her home.(Nov.21st 2010) She made all of her payments on the first of the month when her disability check was deposited. Then in October of 2014 she called to make her payment and they would not accept it. Instead they told her that her home was in foreclosure. She has since tried every month to make her payment but they will not take it. I would greatly appreciate any help or advise. Thank you.

Read answer

Question: In July I went to SALA to see about filing bankruptcy. I am behind on everything due to unemployment and medical bills for my son. The lawyer I saw said not to at this point because I make too little to garnish,and sent me home with some pamphlets. Now my HOA has sued and won and is putting a lein on my house.I will never be able to make the payment they are asking for. My house is free and clear. Can the HOA still take my home and leave my kids and I homeless? Or are they bound by the homestead law? Thank you.

Read answer

Question: I recently returned home from a 3 year prison sentence. The home i own was vacant and went into foreclosure. The mortgage company changed the locks, however i still own the home and plan on refinancing and keeping it. Am i allowed back into the house now, to live there since i still legally own it?

Read answer

Question: The home I'm renting (leased through August 2015) was foreclosed on and there's a new owner. Do I have to pay rent to the new owner if I'm leaving in 6 weeks? Or do they have to give me an eviction notice? The new owner is demanding rent, but she doesn't have the deed yet, just a proof of purchase receipt.

Read answer

Question: Can the lender force foreclosure on my home when my ex-spouse got a 2nd mortgage in his name showing him as the borrower while we were married on this home And now I own this property from the divorce?

Read answer

Question: I'm renting a home for the last 7-8 years ,and now I found out its going into foreclosure .Do I still need to pay rent,and would like to know what my options are thank you.

Read answer

Question: Need mediator immediately= have been fruitlessly looking with no success . HOA looking to foreclose on me..........illegal fines never served to me= I am sure you know the scenario as it is very common now a days. Senior on disability and they go after us as they know we have no one to help us due to finances. If you know of ANYONE please let me know......602-705-3326 So far they have stolen 2 peoples homes that were disabled= one had sold her income property to pay them off then they continued to harass her & she had a stroke. Another women ended up on o2 due to black mold from roof leak th

Read answer

Question: How long can my tenant stay at property when letting home forclose?

Read answer

Question: The house we rent is in foreclosure. Are we obligated to stay in the house for the 90 days allowed or can we move as soon as we find a new place to live? Can the landlord hold us to the terms of the lease even though the house is in foreclosure now? Can he take us to court if we move out prior to the end of the lease?

Read answer

Question: How can I legally kick out family members? I own home they have been staying with more for over a year. Some occasionally contribute to rent but mostly don't. I have asked severe times in past 6 months to love out now I have given a 2 month telling them by September 1st but doesn't look like ahyones making plans and just freeloading and being lazy and I can't take it anymore Mom brother, sister . How do I legally get them to leave ?

Read answer

Question: My home is currently in foreclose. Where can I find assistance to save my house?

Read answer

Question: I'm a female, single,on disability,recovering from liver transplant and chemo treatments for a rare lymphoma. My HOA initated fore closure for non payment of Assn fees. Im trying to resolve this with hardship modification loan.My mortgage co is working with me. I'm on a fixed income and can't hire an attorney. Can the foreclosure process be stalled until I get this done? thanks

Read answer

Question: I rent from a rental property management company, and today there was a "NOTICE OF TRUSTEE SALE" post on my door.The letter states that the house will be auctioned off in 2 months(11/13/2015), I'm unsure if I should stay or go before the auction, and if I go would I be at risk if I used the rent to move?

Read answer

Question: I received a notice of auction and id like to file a form action rule 65 arizona civil procedure,seems like no one can tell me me where to file.thank you

Read answer

Question: Landlord did not make mortgage payments. Bank is repossessing. Landlord gave me 30 days to get out, is this legal? There are no other rentals available in town at this time.

Read answer

Question: If I am renting a house and it went into foreclosure without our knowledge and has been auctioned off, what rights do I have to stay in the house?

Read answer

Question: i have purchased a home about to be auctioned off I paid off mortgage and the owner signed over the house on a quit claim I am having trouble getting her to remove her stuff from property how long do I need to give her and what is the process I need to follow

Read answer

Question: My dad and brother owned a home which I lived for 17 years and took care of both my parents. My my died 13 years and my just passed away 5/18/16. My brother does not communicate with me so the house I still live in he foreclosure on. What are my rights I still live here.

Read answer

Question: My father passed away in September, 2016. I am the executor of his estate and I have a lawyer representing me and the estate. His house is paid off but he has a 7,000 home equity line of credit. There is no money in the estate to pay any bills except the utilities. It is for sale and hopefully will be sold soon. I received an Act 91 notice. Can a house be foreclosed on that is in probate? There is no money to pay the home equity line of credit bill or the taxes owed till the house is sold

Read answer

Question: My father passed away in September, 2016. I am the executor of his estate and I have a lawyer representing me and the estate. His house is paid off but he has a 7,000 home equity line of credit. There is no money in the estate to pay any bills except the utilities. It is for sale and hopefully will be sold soon. I received an Act 91 notice. Can a house be foreclosed on that is in probate? There is no money to pay the home equity line of credit bill or the taxes owed till the house is sold

Read answer

Question: My home was sold at a foreclosure auction on 11/22/16. I have never been served a 3 day notice by the new owners just a Summons and Complaint. They want me out of the property and want to charge me an outstanding amount of money and I cannot afford to pay it. They are trying to get a default and judgment against me and I am living in the house with my 8 year old granddaughter. I work 4 days a week and need time to secure another place for us to live. These people are very unreasonable and want me out. I have lived there for 23 years and am having alot of anxiety over this. HELP

Read answer

Question: There is a scam going on with my house and reference for foreclosure need legal assistance ASAP I am disabled and need help my phone number is I need immediate help. Thank you

Read answer

Question: The home I'm renting is about to be auctioned....will I have to leave immediately or do I have 30 or 90 days?

Read answer

Question: I just received a notice saying I have to vacate my house that it was auctioned but I'm paying my house and I'm never late and company who say they purchased have other name as home owner not mine and my husband what is going on what can I do my house wasn't foreclosed bank says everything okay in there side how do protect myself how is possible for it to be auctioned

Read answer

Question: A sibling had a piece of land that was sold in a trustee's sale in June 2016 . It was 2.55 acres and had no single family residence. I am clear that it doesn't fall under the deficiency exemption because of the size of the lot and no home. Since it's been over 90 days, is it safe to say there will be no legal recourse? Can they still send the debt to ordinary collections agent? Thank you

Read answer

QUESTIONS

  • How do I find out if there is a sale date for my home that is in foreclosure?
  • Does the anti-deficiency statute cover for a an 80/20 loan where the 1st mortgage was refinanced (no cash out)under HARP 2.0? Refinanced only for lower interest rate/payment.
  • our home has foreclosed and we are threatened with lock out. how do we find out what court will handle the notifications?
  • Can a bank start a foreclosure while they are in the process of doing a modification for homeowner?
  • We own a unit in a condo complex that is being foreclosed upon as a whole. We need to know if we have any recourse for the loss of our investment and how this will affect our credit rating.
  • Can a bank foreclose on a house if multiple people are on the deed, but only one person is on the mortgage
  • I bought a condo in July 07' using funds from a City of Phoenix bond program. I was unaware of a stipulation stating that the owner must occupy the unit for the life of the loan. I was laid off from my employer and I have had to relocate to Texas for work. Now the mortgage company is stating that they can accelerate the loan pay-off requiring me to pay the loan in full. I pay my mortgage payment each month, how can they do this?
  • How do I foreclose on a property that has a breech of contract for a promissory notes that was secured by the home with a lien and one that was recorded last year? What is the process?
  • Is the law the same re foreclosure the same for a mobile home? I have vacated the property. Can my wages be garnished?
  • In July I went to SALA to see about filing bankruptcy. I am behind on everything due to unemployment and medical bills for my son. The lawyer I saw said not to at this point because I make too little to garnish,and sent me home with some pamphlets. Now my HOA has sued and won and is putting a lein on my house.I will never be able to make the payment they are asking for. My house is free and clear. Can the HOA still take my home and leave my kids and I homeless? Or are they bound by the homestead law? Thank you.

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

  • Welcome to our Newly Redesigned Website! Let us know how we are doing! Please take a couple of minutes to fill out our survey.

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS