I'm sorry you had that experience and I understand how difficult it is to relocate horses on short notice.

Technically, the horses were not stolen and were likely considered abandoned just like any other personal property left on the premises. The sheriff has to post a 24-hour notice... View More

You will need to support your contentions. If there was no will and he was n't appointed as a personal representative by the court, your options are limited. You would need to prove he did not have rights to the property. The best case is to become the personal representative of your... View More

I agree with Mr Soble but I would add that CAN you sue is a very different question than SHOULD you sue.

People get confused about this a lot, and the short answer is almost always 'yes you can sue, but you probably shouldn't' SOMETIMES you cannot sue, and sometimes it is a... View More

You should continue communicating with your lender. Even if your lender has previously denied you, there are many alternatives to foreclosure that a lawyer may help you achieve including a repayment plan, modification, or forbearance.

As a last resort, you can explore bankruptcy, sale of... View More

You can file a declaratory judgment suit seeking a declaration that you are not legally obligated to repay the HUD loan because your signature on the loan documents are a forgery and you did not know about or participate in the loan, having discovered the loan only after your recent divorce, and... View More

If the bank or lender is the successful bidder at the sheriff sale and the redemption period expires, they can then file for an eviction against all occupants in the property. If they obtain a judgment, they can ask for a writ to be issued and must do the eviction within 56 days. Otherwise, they... View More

If you have not been served with a summons for foreclosure you still have some time. Before a mortgage company can sell you property in foreclosure they use start a foreclosure suit. At that point you should start a bankruptcy. But be aware that a Chapter 13 is a payment plan. Assuming you want to... View More

While there are no immediate time pressures that would necessitate an ASAP filing, remember that each month your case does not get filed you are another month behind in your mortgage payments, which would slightly increase the "bare bones" minimum monthly Plan payment amount needed for... View More

I'm sorry to hear about the situation. Has a Petition for Probate been filed? If not, the property most likely cannot be sold since a representative of your father's estate must be appointed to sign transfer documents to the new owner. In addition, as a beneficiary, you must be given... View More

Liens have different "priority" depending on the circumstances and what you're asking is basically a question of priority. Tax liens generally have priority IF all proper procedures are followed in the tax sale foreclosure case. However, merely purchasing at tax sale in Maryland... View More

You will not be personally liable on the mortgage, but the mortgage still has to be paid or the lender can foreclose, sell the property at auction, and the first proceeds received will be applied to your tax lien interest because it has priority over the mortgage balance due. I cannot answer as to... View More

With proper authority from the court, you should proceed with the marketing and sale of the property during the redemption period. More importantly, you should contact the lender or the lender's attorney to advise them of the probate. Depending on the equity position as well as whether the... View More

I'm sorry for your loss.

There is an automatic stay that is issued when you file. This stops all collections and holds off the eviction process. You should consult with a bankruptcy lawyer to review your situation and advise you of the best way to proceed. May bankruptcy attorneys... View More

The lender can sell the property at a sheriff's sale. At the time of sale, if no one else bids on the property, then they are considered the successful bidder, and they have an interest in the home subject to your redemption rights (6 months). During this time, they can assign out their... View More

I think that you misunderstand what happened. It sounds to me like the property went to foreclosure sale, the mortgage holder purchased a sheriff's deed at the sale by "bidding in" the debt, the redemption period expired, and the mortgage holder became the absolute owner of the... View More

Here's a further answer:

If the redemption period has not expired, you could redeem.

However, the holder of a sheriff's deed is free to sell its interest in the property prior to the expiration of the redemption period.

If you were a joint owner at the time of... View More

There is not enough information to provide a specific answer, however, if you file the suit with an attorney representing you then I recommend that you speak to your attorney and discuss these concerns. If you file the suit without a lawyer representing you, then I congratulate you on the progress... View More

Typically, a deed in lieu of foreclosure is preferable because you are in greater control of the outcome. Issues that will need to be addressed are the waiver of any deficiency by the lender, the tax implications of a deed in lieu of foreclosure versus a foreclosure, the date you have to vacate,... View More

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answered on Mar 31, 2025

If the debt, apparently a note, was actually discharged in BR, then there is nothing for the mortgage instrument to secure payment of and is void. Check out the BR carefully to make sure the debt was properly listed and discharged. The collection may be in violation of BR law. A possible... View More

If you wish to avoid a damaging judgment it would be wise to vacate before a lawsuit is filed. Otherwise, you’ll likely be sued for unlawful detainer, have a judgment for double rent imposed, and 10 days after entry of judgment the plaintiff will apply for a writ of execution for the sheriff to... View More