Ryan S.
Advice on Specific Performance for Breach of Real Estate Contract
15 January 2025 | 37 replies
The issue is not the contract, the issue is going to be enforcing the contract, the individual who was selling this could hold this up for years and cost you tens of thousands in legal fees, and then they file bankruptcy and stall it another 5 years.
Alex Hall
Subto FHA problem
20 January 2025 | 57 replies
Sub2 is a risky strategy for a long term buy and hold as the longer the deal structure stays in place, the higher the chance that issues will arise (like issues with the loan servicer, insurance, seller filing for bankruptcy, seller dying, seller realizing their DTI ratio and ability to buy their next property is negatively effected and becoming upset about it like in your case, due on sale clause being called, etc.).
Chris Seveney
Getting A Deed In Lieu at closing to store away
27 December 2024 | 20 replies
.• That the deed is either a preferential or fraudulent transaction within the purview of the provisions of the federal Bankruptcy Act or any other related state law.• That the deed is a device to clog a mortgagor's right of redemption.• Unfairness of the consideration.• Coercion, fraud, oppression, duress, and undue influence.• That the deed is not subsequent to the execution of the mortgage but contemporaneous with it.• That the grantor/mortgagor was insolvent at the time of the execution of the deed.An estoppel affidavit (executed and acknowledged by the grantor/mortgagor, attesting to the fairness of the transaction, the consideration exchanged, the value of the property, and other factors showing an intention to make a genuine transfer) or a recital (inserted directly in the deed) are supporting documents used to forestall challenges to these transactions.State law and local title standards must be consulted in regard to the consideration and treatment of deeds in lieu of foreclosure.What a GREAT post!
Godsheritage Adeoye
How to takeover Subject to loan
3 January 2025 | 7 replies
There are a couple of things that come to mind, if a payment is missed the lender cares, if the servicer goes out of business or misses a substitution of trustee, the lender cares, if the borrower goes to the lender to try to get removed from the loan (usually to buy another house) the lender cares, if the property gets caught up in a bankruptcy or divorce, the court cares and that means the lender gets involved.
Jennifer Turner
How to modify terms of a seller-financed mortgage?
13 January 2025 | 8 replies
I know PA has a process to go through before you start a foreclosure, but have never seen a requirement to offer a mod.Sure, https://legal-info.lawyers.com/bankruptcy/foreclosures/delay...Under the Dodd-Frank Act, the bank must first wait until the payment is more than 120 days overdue."
Paula Impala
Norada Capital Management suspending payments
31 December 2024 | 418 replies
In case you are not aware, Marco filed a Chapter 7 Bankruptcy and wiped out over $5K of debt.
Bill Goodland
Favorite Tools for Building Distressed Owners Lists
15 January 2025 | 13 replies
I'm not opposed to spending the money and have a demo scheduled with them this week, but was curious if anybody else has other data providers that they like better for more niche areas of distress such as bankruptcy, probate, divorce, code violations etc. that I can stack with my current data.I have submitted right-to-know requests with the local counties but only certain information is available and can be cumbersome.
David To
California call for class action lawsuit on Eviction Moratorium
14 January 2025 | 329 replies
Pretty sure you cant take a car or anything bankruptcy court would withhold from proceedings.
Zachary Kessler
Section 8 Rentals
24 December 2024 | 5 replies
Most S8 tenants have a history of bad decisions, often having convictions, evictions, bankruptcies, chargeoffs, collections, garnishments, etc.
Benjamin Finney
Macro Economic Indicators to Inform Investment and Lending Business
23 December 2024 | 5 replies
We use this along with NY fed report on delinquencies and track bankruptcies as well.