14 July 2011 | 24 replies
NO THEY CANNOT.The bank has to honor the lease.Now if they were month to month that is a different scenario where the tenant has a certain amount of time to vacate the property.If a tenant gets foreclosed on often times they do not know where to make the payments to.The tenant needs to set up a separate bank account and make the payment there every month.Then when the tenants and the bank go to court the tenants can show they have an enforceable lease and they were making payments each month the bank just didn't communicate to them where to send it.The judge will make the bank honor the lease because of the tenant foreclosure protection laws.As far as right of redemption investors buying in pre-foreclosure in a post redemption state will pay a distressed seller money to sign away their redemption rights.Some banks will want to dump a property with a tenant in place as they can't get rid of them by law and have to wait it out.If you as a buyer are willing to take the risk on the price should reflect that extra risk.If the bank wants to dump a dog of a property it will cost them.Only an unsavvy investor would pay top price and be stuck with a holdover tenant.
11 July 2011 | 2 replies
Eg, foreclosure lists, probates, out-of-state owners, eviction court, etc?
12 July 2011 | 6 replies
Personally, I would never step foot into the court house.
13 July 2011 | 11 replies
While his success may not be as high as it would with the leverage of a mechanic's lien he may be able to get something if he can prove to a court that you were unjustly enriched to his detriment; and thus should be compensated.
17 July 2011 | 10 replies
his doctor said that he is protected under the American w Disabilities act and he would have no problem writing a letter stating his condition and our need for a fence that can decrease teh sound decibmals that come from their yard.Does anyone have advice on how i should approach this to the HOA or ARB. i really dont want to go to court and have this get ugly. i have too much on my hands as is it with him sick and me working 14 hour days.PLEASE HELP. any advice is greatly appreciated. thank you
12 July 2011 | 7 replies
If banks can't lend money properly their shareholders should lose their equity and the bankruptcy courts and/or FDIC should do their thing...again, simple I know5.
16 July 2011 | 4 replies
It doesn't seem like it would help liability-wise to put the home into its own LLC, since we still have to carry the mortgage personally and as such, the lines between business and personal assets are cloudy and wouldn't hold up in court if we were sued (and most likely the lender wouldn't allow us to transfer the home into another entity anyway).
15 July 2011 | 14 replies
She told me that he said the house situation was fine and that it was taken care of in Bankruptcy Court.
10 August 2016 | 6 replies
An individual cannot file under chapter 7 or any other chapter, however, if during the preceding 180 days a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court, or the debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. §§ 109(g), 362(d) and (e).