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QUESTIONS

  • 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?
  • 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.
  • Are purchase money mortgages limited to no recourse notes?
  • 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?
  • 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?
  • 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!
  • How do I find out if there is a sale date for my home that is in foreclosure?
  • Can HUD or FHA garnish my Social Security and Honeywell Pension for expenses if my Reverse Mortgage defaults?
  • 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.
  • 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

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  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
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    866-553-0893
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