All Forum Posts by: William D.

I completely agree with the premise that an attorney who advertises a Ch. 7 filing as a foreclosure avoidance is no better than there debt negotiating scammers. The problem is that a Ch. 7 is so cheap and easy versus a Ch. 13/11 which can actually avoid a foreclosure. I think it truly comes down to over saturation of the legal market -- which deserves its own post.

Call the probate court and see if an estate has been opened for the purported deceased. Generally, you can get the name of an executor/executrix.

Short answer: If you can't get title insurance now, no one else will be able to in the future. Therefore, you won't be able to refi and put conventional money on the property; nor will a future buyer be able to get a mortgage to purchase the property.

I had a similar situation and closed the property cash. Then I did the title curative work on my own. I had to open up a few probate estates nunc pro tunc and get a quit claim deed from a relative. Cost me a couple hundred dollars to fix. It can be done.

Check with a local real estate attorney or even ask the title company EXACTLY what they want remedied. You may find a useful agent who can give you some guidance.

Good luck.

It is definitely nice to see the CT people on the website. I am currently going through 3 evictions right now. Checking the posts tonight makes me feel as though I am not alone in the struggle. One of the units I am doing an eviction on I was just notified that there are squatters in the unit in addition to the tenant. I now have to do a separate action naming a John and Jane Doe.

George, just out of curiosity, are you related to the Judge Pavia in Danbury? She is a great judge, only reason I am asking.

Generally, whenever a party takes an appeal an appellate stay takes effect. Thus, the court's order that the appeal was taken from is stayed from being executed. I would talk to a lawyer to know exactly what is going on. You don't want to take any action in violation of an appellate stay because is may be void.

It is tough to answer without knowing more details. Does your friend have a high paying job where holding the property long term isn't much of a burden. Do they currently have a 780 credit score and want to keep their score high?

At the very minimum they should see if they can negotiate a waiver of deficiency for a consent judgment instead of just walking away.

If they file the BK for purely dilatory purposes, i.e., to stop an auction, and never get their discharge you may still be able to use your selling point of waiving a deficiency.

Doesn't exist to the public. Sorry.

I am not completely clear on your facts but you could do the following: Seller convey to your LLC for 25K. Deed is recorded with a purchase price of 25K and transfer taxes paid on the 25K. You then convey 100% interest in the LLC for 10K. I haven't thought it completely through down to the last detail but it is potentially a way to avoid the assignment fee on the HUD.

Dion, great analysis of DF. I agree that it will be interesting to see how state courts and fed courts treat a seller carry back without a license. I can see from a business POV why you wouldn't take the risk.

My guess would be that if a DF defense like the above was raised in the context of a foreclosure it would be treated like a RESPA or TILA violation which would not be a valid defense. I guess your worst exposure (taking out any fines or fees) would be rescission (which we all know isn't really practical given the LTVs of most loans). However, I am not a judge so my guess isn't worth much.

I have very minimal note purchasing experience, as in one deal, but how do you view a potential purchase with a known TILA/RESPA violation? Would you still make an offer? It would be interesting to use the DF violation as a bidding strategy if you knew ultimately your security instrument wouldn't be invalidated.