I am letting go of my apartment because its over $50K upside down. I have tenants there now. Can I stop paying the association fees since the property will go on foreclosure anyways?? Is there anything else the Association can do besides putting a lien on the property? Could they harass the tenants there now?

If the property goes to foreclosure, any deficiency between what the lender is owed and what they receive will become the object of a law suit, and you’ll be liable. Therefore, the HOA fees (which the lender will end up paying) will come back to you.

You say you’re letting go because the property s upside down. So? You have it rented out, is the rent paying all or most of the mortgage? If it is, letting it go into foreclosure is akin to selling any other investment at the bottom of the market. Why do that? You trash your credit, when if you just held on, you could sell when the market is GOOD, and at least save your credit rating.

Mortgage in foreclosure sold to new lender as of 8/11/09. Rcvd notice and "welcome" from new lender. Filed for loan mod with them 8/31/09 thru non-profit. Rcvd registered letter 9/18/09 Trustee Sale 10/07/09 by PREVIOUS lender’s agent. How to stop unauthorized sale, attorney?

The sale is not unauthorized. Homes in the middle of a foreclosure process are sold to new investors all the time. If they haven’t already, they will file the proper papers with the court to change the name of the plaintiff, but that won’t stall the proceedings.

There’s many ways, such as forbearance, loan modification, refinancing, etc. But I would hurry if I were you, the longer you wait, the more damage you’ll do to your credit. Email me with questions at robert495713@yahoo.com. (this is not legal advice)

My husband has a $20,000 hospital bill and in the state of California, the spouse is also responsible to foot the bill. So now, we have a court ordered judgment against us. Since our house is now in foreclosure I was planning on filing bankruptcy anyways. Will filing bankruptcy stop this court ordered judgment? If not, can they garnish my wages? -note, My husband lost his job and I am the sole provider for a family of 4

You need to consult a bankruptcy attorney, this is serious business. It makes sense to say that you can include that judgment in your bankruptcy but then again it is a court ordered judgment so I don’t know if they have ways of enforcing it.

My husband left me and our son on November 2007 so he can be with his girlfriend and told me that we were getting divorce. On February 2008 we had to renew our mortgage. He filled out mortgage application with no co-sign. The lady from Quicken Loan came to my house and told me that I had to sign some papers. Both me and my ex said that I should not signed anything because I have no income and we were getting divorce, but she insisted for me to do it because I was still legally married at that times, so I signed the papers. My ex stop making mortgage payments since December last year. We got divorce on few months ago with an agreement that my ex husband will take full responsibility for the house and expenses related to the house. Few days ago, I received summon from the court with my ex name and mine as defendants and it said that I am responsible for the house being foreclosure. I called the lawyer who represent the mortgage Company and she simply said that I signed the document so I am responsible for it and suggested to find a lawyer.

I look at the mortgage documents. The application has no co-sign and only has my ex name. But then I found out that Quicken Loan put my name on the deed (the original deed has only my ex name), and my name on the mortgage sheet (but not mortgage application). Whenever I called the mortgage company they won’t talk to me because they said my name is not on the mortgage list.

Is there anyway I can get away with it. My ex told me not to worry because the divorce decree mentioned that he will take full responsible for the house. I just spent 8000 for a divorce lawyer fees and I don’t make a lots of money from my jobs since I just starting getting back to work. I am taking care our son by myself, working full time and going to school.

Please help me. Thank you.
On the MORTGAGE section
(B) "Borrower" is my ex name and my name, husband and wife
Is that mean I also a borrower? or is it because my name is on the deed. I really appreciated anybody help who answering my question. Thank you.

I’ll be honest…I didn’t read your post because 99% of it has nothing to do with the foreclosure.

Your name is not on the loan…that means you are NOT legally responsible for the MORTGAGE with the bank.

If your name is on the TITLE..that makes you an OWNER of the home and whenever a house is foreclosed on, ALL OWNERS must be notified.

Your credit is not going to be affected because there is no mortgage account to tie the foreclosure to on your report and the fact you signed no legal contract with the bank.

What you signed with Quicken Loans is called "marital interest documents"…they are required by your state anytime you are legally mmarried, the day of the closing of the loan, whenever the financial situation on the mortage changes.

It is common and is NOT a mortgage note. The documents ONLY state that you are legally aware of the changes…not one thing more….that prevents one spouse from stripping the equity of the house and gambling it away without the other spouse knowing about it.

It is that simple..you are making this WAY more complicated than it is.

If you no longer live in the home, you do not have to get an attorney….b/c you don’t have a right to the house, per your divorce decree.

Nothing an attorney can do for you.

a foreclosure sale had been scheduled ……how do i stop the sale?

Filing for bankruptcy will halt the foreclosure sale temporarily.

The other option is try and talk to the lender and work out a loan restructuring plan. I would contact an attorney that specializes in loan modifications to approach the lender.

we live in wayne county michigan. 2 days ago we found a note on the door that said our house was going up for sherrifs sale in approximately 30 days. what can we do to prevent the sale / foreclosure of our house. if we pay the past due amount does this stop foreclosure…….PLEASE HELP………this is serious so please no smart remarks……..JUST SOUND ADVICE

Find out what needs to be paid and pay it. Call your bank! Otherwise you are out.

I have been looking to purchase a house but it has went to foreclosure and will be auctioned off at the county court house this week. The current owner owes the bank $890,000 for his existing mortgage. If I were to bid at the auction, would the bank bid all the way up to $890,000? Or, would they stop at a lower bid? what is the norm?

The norm is for the bank to bid for the entire outstanding balance. If you are interested in the house, and it is up for auction, I suggest you call the lender immediately and see if you can strike a deal. With all of the foreclosures occurring, the lender may decide it is better to strike a deal than to be on the line for $890K.

My mom married a man 8 years ago. He owned his home so she moved in there. Some things happened and he needed to refinance. Because they were married, she had to sign the refinance papers. 2 years later they divorced. In the divorce she reliquished all rights to his property and debts.
Now the house is being forclosed on and her ex husbands lawyer is saying that my mom will need to file bankruptcy on the house to stop them from going after her. The lawyer is also saying that she has to be in court for this at the end of the month. The court papers DO NOT list her name, they just say spouse Jane Doe.
Is this lawyer full of it and just trying to get money out of my mom or is she really liable and needing to file the bancruptcy.
Oh..we live in Ohio if that matters.
Shes got an appointment with a lawyer…i just want to somewhat be prepared for what hes going to tell her..

have her talk to her lawyer and yes they can come after her, a divorce agreement appointing debt to the ex-spouse, debt is not worth th epaper it is written on, the lay allows creditors to ignore this and go after the spouse at the time the debt was accrued. This is our lawmakers protecting business to make sure they can get there’s,,

The House is in my wifes name and we are facing foreclosure..they have set a date of nov. 6th in georgia. what can we do to save the house. we supposedly had been approved for a loan modification…and now they are saying the loan negtiator is making the decision…meanwhile the date is coming. we hired a stop foreclosure place..paid them 700 and still are facing the same thing..we can’t reach this person at lender as they say it’s all up to her if we can modify our loan or not…do what can we do now…we want to keep home…don’t really want bankruptcy….it’s like if we can get this phantom person to say yea or nea…that would at least help. What do u think we can do?

This really caught my eye, I was in this place at one time, GOD bless, he knows what he is doing, Pray, let him do the rest, trust that whatever happens happens for a reason, he may have a better door for you to open, just as he did for me after I lost my house. I miss my house, but love what GOD has done and is doing for me, PRAY and TRUST, may not be what you want to hear, but he controls all things for the good and the bad. GOOD LUCK