Your Questions About Foreclosures | foreclosureorder.com

Your Questions About Foreclosures

Your Questions About Foreclosures

Maria asks…

What is the requirement for a lender to file with the county court house in the state of Tennessee,in regards?

What is the requirement for a lender to file with the county court house in the state of Tennessee,in regards to a foreclosure. If an assignment of trustee and notice of default was filed by the lenders after the sale date, is this acceptable in court? What is the best online site to research wrongful foreclosures in the state of Tennessee?

Optional Information:
Knoxville, Tennessee

Your Questions About Foreclosures

The Expert answers:

The assignment of trustee is actually located in your mortgage paperwork when you originally closed on the home and the mortgage company reserves the right to change that trustee, without notice.

Even IF the paperwork in Tennessee was ‘filed backwards’, it still won’t help you get your house back.

If you don’t pay your mortagage, and the mortgage company can PROVE that they SENT YOU NOTICE well in advance of the sale, a judge will consider the rest extremely petty and will not consider it a material issue in order to reverse the foreclosure.

The bottom line is…either you paid it or not, and they either gave you notice or not.

You had ample opportunity to pay the balance due and for whatever reason, did not do that.

The ONLY WAY the court would consider reversing the foreclosure, is if you can prove the foreclosure took place in a ridiculous small frame of time, like 60 or 90 days after first default or never served you the notice. Most notices of foreclosure and sale are delievered by the Sheriff’s office, so it would be difficult to claim you never got it.

Your Questions About Foreclosures

William asks…

Will my wife be effected by a house foreclosure if I bought the house before we were married?

I own a property out of state that I am letting my parents rent. I also heard that my fiance will not inherit my debt in marriage, but i’m not sure if owning a house is considered in that debt. But my main question is, when we get married, and for some reason my parents or myself can’t make the mortgage payments, will a foreclosure or short sale effect “our” credit or just mine? Not sure how that works.
Property owned is in North Carolina, I currently live in Florida

Your Questions About Foreclosures

The Expert answers:

It will depends on if you are a community proeprty state or not.

Additionally how you file your taxes, if you file as community property.

Since you will have income from the rental that you have to pay income tax on she should file her taxes seperately.

Your Questions About Foreclosures

Nancy asks…

What happens to a house if the state takes it after no one wants to buy it?

ok so i lived in a house for 16 years and over those years, it became very important to me. I couldn’t imagine living anywhere else. But my parents don’t have a lot of money and it was very expensive to live there because it’s out in the country and we had to pay LP and all kinds of other stuff. So in the end we ended up having to go through foreclosure. We’re living in a new house now in town, but there hasn’t even been an auction or anything for the old one yet. I don’t have the intention of trying to stop the auction from happening or of trying to take back the house. I just don’t want it to be torn down or completely remodeled after it has been taken by the state. The house is very messy and there’s a lot of things wrong with it and most people would probably say it isn’t worth my time and effort, but the truth is that it’s everything to me. I don’t know if anyone is gonna buy it or not but if no one does and the state ends up with it, i just don’t want them to take a wrecking ball to it or completely alter it. My question is, is there anyone I can talk to or any way possible that i can prevent the state from doing that? i don’t want to live there again right now, but i might come back later in life and try and live there then, and when i come back, i just want the basic outline to be the same. Is there a way that i can simply prevent the state from altering it or destroying it completely without actually living there? please help. thx.

P.S.: The house used to be a housing site for women back in the late 1800’s. There’s a town next to the house called Bishop Hill and it’s a historic landmark in Illinois. I mean if you walk in the town you feel like you’re living in the 1800’s. Peope who live and work there are even required to dress like people did in that time period. My point is, the house that i used to live in was a Bishop Hill historic site at one point in time. In trying to prevent alteration, is there any way that i can maybe use that fact as leverage? Is there a way that maybe Bishop Hill can claim rights over it?

Your Questions About Foreclosures

The Expert answers:

Like Acermill, I’m having problems understanding what “the state” has to do with this.

If the house is foreclosed upon, THE BANK takes posession of the house if it does not sell at auction. “The state” has nothing to do with it. Even if it was a tax auction, this is the county, not the state. The only time it would be the state is if you had unpaid state income tax or the house was part of illegal activity.

Once it is taken by a new owner, you have zero say over what happens to it. If you are still the owner, you can try to get it declared a landmark or a historical house, but that process can take years.

If you want to sell it to the city of Bishop Hill, then you approach the city and see if they are interested in purchasing it and preserving it. If they can’t buy it for what you owe, then you will have to speak with the bank about doing a short sale. If you had a 30- year mortgage for the last 16 years, you should have over 1/3 of the equity paid off…

Your Questions About Foreclosures

Robert asks…

If a house is put up for foreclose is there a amount of time for you to retrieve it back?

If your house was taking by foreclosure do you have a amount of time to get it back from the state or anyone?

Your Questions About Foreclosures

The Expert answers:

Your notice will say how long you have to reclaim it. Once the Sheriff’s sale arrives, kiss it goodbye.

If you can’t afford the home, maybe you should just let it go…

Your Questions About Foreclosures

Daniel asks…

Parents have been renting for two years and house is being foreclosed.?

My parents who reside in kissimmee,fl have been renting a house the past two years. Now the owner had given my parents who are both disabled a lease knowing that the house was being foreclosed.

Another thing was that he was married and his wife filed for bankruptcy and so did he on October 2010.

My parents have been paying $1000 for the past two years and had given one month security. Two notices have been sent to the home address stating that the house is under foreclosure by Chase bank the lender.

Yesterday the owner called my parents and told them that he would like for them to move so that he can move his cousin’s family in. Is this legal? the house is listed as shortsale my parents are confused and not sure what to do.

What legal steps can my parents take being both are disabled? Can the owner take back the house even though he filed for bankruptcy and the house is under foreclosure?

thanks,

Rafael Hernandez

Your Questions About Foreclosures

The Expert answers:

Being disabled does not matter, it is illegal in the USA to discriminate based on a disability.

If your parents signed the lease they have until it expires.

Otherwise they have to leave. The owner is not taking anything, they own the house, none of this other stuff effects your parents.

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Your Questions About Foreclosures
Your Questions About Foreclosures
Your Questions About Foreclosures
Your Questions About Foreclosures
Your Questions About Foreclosures

Your Questions About Foreclosures

Your Questions About Foreclosures