Foreclosure Lawyer Midway Utah

Foreclosure Lawyer Midway Utah

Midway is a city in northwestern Wasatch County, Utah, United States. It is located in the Heber Valley, approximately 3 miles (4.8 km) west of Heber City and 28 miles (45 km) southeast of Salt Lake City, on the opposite side of the Wasatch Mountains. The population was 3,845 at the 2010 census. As of the 2010 census Midway had a population of 3,845. The ethnic and racial makeup of the population was 92.6% non-Hispanic white, 0.2% African-American, 0.5% Asian, 0.1% Pacific Islander, 0.9% reporting two or more races and 5.5% Hispanic. As of the census of 2000, there were 2,121 people, 687 households, and 550 families residing in the city. The population density was 633.3 people per square mile (244.5/km²). There were 1,000 housing units at an average density of 298.6 per square mile (115.3/km²). The racial makeup of the city was 97.22% White, 0.05% African American, 0.38% Native American, 0.19% Asian, 0.19% Pacific Islander, 0.38% from other races, and 1.60% from two or more races. Hispanic or Latino of any race were 2.78% of the population.

There were 687 households out of which 43.2% had children under the age of 18 living with them, 71.0% were married couples living together, 6.4% had a female householder with no husband present, and 19.9% were non-families. 18.0% of all households were made up of individuals and 5.8% had someone living alone who was 65 years of age or older. The average household size was 3.09 and the average family size was 3.53. In the city, the population was spread out with 33.5% under the age of 18, 9.9% from 18 to 24, 25.8% from 25 to 44, 21.7% from 45 to 64, and 9.0% who were 65 years of age or older. The median age was 31 years. For every 100 females, there were 104.9 males. For every 100 females age 18 and over, there were 98.6 males. The median income for a household in the city was $51,071, and the median income for a family was $55,809. Males had a median income of $40,870 versus $25,682 for females. The per capita income for the city was $22,551. About 3.4% of families and 5.2% of the population were below the poverty line, including 6.4% of those under age 18 and 4.9% of those ages 65 or over. Historically, the first Anglo-Americans to visit the area just east of Mount Timpanogos were members of a fur-trapping brigade led by Etienne Provost in 1824. For many years, the valley was referred to as Provo or upper Provo; the river running south through the valley still bears the name of that explorer but the town became known as Midway City. A wagon road completed through Provo Canyon in 1858 brought the first settlers to the area. In the spring of 1859, many more families began moving farther to the west along Snake Creek.

Two small communities were established, called the Upper and Lower Settlements. One was later named Mound City because of the many nearby limestone formations. Among the first families to settle here were Robey, Epperson, Bronson, McCarroll, and Smith. In 1866, Indian hostilities grew and territorial governor Brigham Young encouraged settlers to construct forts for protection. The two small settlements reached an agreement to build a fort halfway or midway between the two existing communities…thus the beginning of our modern day town named Midway. It was in the 1860s and 1870s that a large number of Swiss families arrived with names such as Gertsch, Huber, Kohler, Probst, Zenger, Durtschi, and Abegglen, among others, some still are found in Midway today. Midway was incorporated June 1, 1891. From the beginning, Midway’s industry was based on livestock and farming; however, as the town grew so did the need for building materials. In the early 1850s sawmills were built with three main operators: Henry T. Coleman, John Watkins, and Moroni Blood. In 1861, John H. Van Wagoner constructed the first commercial gristmill. Soon followed retail stores, one of which was the Bonner Mercantile Store. Later other retail stores were built by Henry T. Coleman and Simon Epperson.

As the town grew so did the need for additional stores a confectionery and grocery store, blacksmiths, livery stables, boarding houses, and other businesses soon fulfilled the growing town’s booming economy. Nearby mines, particularly those in Park City, also began to play an important economic role in many Midway households, and did so into the late 1960s. Because of the many ninety-degree-pluses hot water springs or ‘hot pots’ in the Midway area, several resorts were developed including Schneitter’s Hot Pots (now the Homestead) and Luke’s Hot Pots (now the Mountain Spa); both were established in the 1880s. Important civic improvements were made in the 1930s and 1940s. A concrete sidewalk program began in 1938, and the Midway Recreation Center, usually referred to as the “Town Hall,” was dedicated in June 1941 which is now the center of many community events including the famous Swiss Days held each fall. Midway Swiss Days brings thousands of people to its tiny town…it was originally called Harvest Days and was established in 1947 through the efforts of Luke’s Hot Pots Resort owners Joseph B. and Pauline S. Erwin and a number of local enthusiastic supporters.

The club became known as the Midway Boosters and continues today to play a role in many city improvements and activities. Although agriculture is still a significant industry, recreation has fast become an important aspect of Heber Valley’s economy. Local recreation attractions include golf courses, Deer Creek Reservoir, Wasatch Mountain State Park nationally known Homestead Resort and the Olympic Venue Soldier Hollow. Soldier Hollow is home to world-class cross-country skiing, tubing and soon will add one of the State’s largest golf courses to its venue. As the world changes so does the community and as the world discovers Midway and its charm, we hope we have captured some of the past and preserved all of those future visitors and citizens of Midway to enjoy.

How to Obtain Foreclosure Documents

You can view documents relating to a foreclosure action because foreclosures are public record. All involved parties file several documents during the legal proceedings, such as the lender’s complaint, the borrower’s answer and a signed court order allowing a public auction of the property. Foreclosure documents are useful for various reasons, including real estate investor research and a legal challenge to the action. The courthouse responsible for foreclosures in the property’s county has the foreclosure documents on file. Contact the county department of real property services or assessment if you don’t know the foreclosed owner’s name. Give the clerk the property address and ask for the name of the owner at the time of the foreclosure. Write the name down. Check the official state judicial website for a listing of county court systems. Locate the county court that handles foreclosures; the courts differ by state. Visit the county court clerk’s office. Give the clerk the owner’s name and ask for the foreclosure case records for the property. You can typically review the file on-site free of charge but might have to pay for any copies; fees vary by county court.

How Can I Find Out How Much Is Owed on a House?

Whether you’re a real estate investor looking for a bargain or curious about how much a current owner paid for a home when they bought it, the process to find the outstanding balance on a home can be accomplished in several ways–from simply asking to examining real estate records.

The easiest way to determine how much is still owed on a house is to ask the homeowner. Request to see their most current mortgage statement for all mortgages. Be sure to inquire if there is more than one mortgage on the property. If a home has entered foreclosure and is preparing for auction, it will likely be listed in the local newspaper’s Legal section. This section will give the property details, lender information, date of auction and balances outstanding on each of the mortgages.

A homeowner may sometimes be hesitant to share financial documents with you. In such case, ask the current homeowner for permission to contact the lender on all mortgages. You can call the lender in advance and ask how permission may be granted and then tell the homeowner what you need to accomplish this.

While it varies by county, some county clerk offices have a “default” section on their website. You can easily see if this exists by simply calling the county clerk’s office or by visiting their website. Those that have a page like this will list the property information, date of default and the balances owed on each of the mortgages on the property.

Although looking at a recorded deed won’t tell you how much is owed on a house, you may be able to do some basic math and at least figure a ballpark range for the remaining balance. The office of deed recordation, which is often at the courthouse, keeps all recorded deeds. You may also find supporting paperwork for the home’s original sales price. By using an online amortization calculator, you can plug in additional values, even though they are estimates, for the term of the loan and interest rate. This may at least give you a ballpark estimate if your other searches are unproductive.

It is important to know how many mortgages exist on the property if you’re going to go to the trouble of researching the balances due. It’s not uncommon these days for homes to have two mortgages. Be sure to ask for information on all the mortgages, not just the first.

Keep in mind that there may be judgments, liens and other encumbrances on a property. Always review both the tax records (available through the county clerk or treasurer office of the county in question) and information from the lender(s).

You must file a response to a foreclosure summons as soon as possible to present your side and protect your rights. A foreclosure summons is a legal document issued by the court once the lender starts the foreclosure that notifies you of the case and requires an answer. You only have a specific period of time, as set by the court system, to file your response before the court moves the foreclosure forward. Visit the court that issued the summons. Ask the court clerk for the requirements for filing the response and the response form. Complete the response. Check the court rules for the response format. You typically must address each allegation in the summons. Present facts only; do not offer information you can’t prove. Cite any information or evidence you have that proves an allegation is false. Read over the court rules. Rules vary by area, but you typically need to send copies of the response by certified mail or personal service to the other parties on the foreclosure case. Make a list of all parties to whom you must send the response. Complete any additional forms the court requires. Ask the clerk for assistance if you’re not sure about any of the sections of the forms. File the response in court. Make copies as needed. Mail or have the response personally served to each party on the case.

How to Remove Foreclosure From Your Credit Report

A foreclosure listing can significantly damage your credit rating and hinder your ability to get approved for low interest rates on new loans and lines of credit. According to the Fair Credit Reporting Act, foreclosures can appear on your credit file for a maximum of seven years. If the credit bureaus do not remove the foreclosure notation from your credit report automatically after this time frame, you can notify them of the obsolete entry and request its removal. In some cases, if your foreclosure notation contains inaccurate information, you may be able to have it removed before the seven-year reporting period expires. Obtain copies of your credit reports from Experian, Equifax and TransUnion. The Fair and Accurate Credit Transaction Act allows you the right to one free credit report from each credit bureau per year. Locate the foreclosure listing on each credit report in the “Public Records” or “Public Information” section. Check the date the foreclosure occurred to ensure that the listing is no more than seven years old. Dispute the foreclosure notation with the credit bureaus if it occurred more than seven years ago. Notify each credit bureau in your dispute that section 605 of the FCRA prohibits information related to foreclosures from remaining in consumer credit reports for more than seven years. You may dispute credit information online or by telephone, but the Federal Trade Commission recommends that you submit your dispute in writing in order to keep accurate records of the process. Examine the foreclosure entry for errors if it is not obsolete. If any information within the notation is incorrect, such as the amount you owed your lender or the date the foreclosure was filed, you may have grounds to have the entry removed early. Contact the lender that initially compiled the report if you notice a reporting error in the foreclosure notation. Inform the lender that the notation is inaccurate and needs to be either corrected or removed. In some cases, lenders would rather remove an entry than attempt to correct it. Make copies of any documentation you have that proves the foreclosure entry is incorrect. Submit this documentation, along with a copy of your credit report and a letter explaining that you want the listing either corrected or removed, to each credit bureau currently reporting inaccurate information. The FCRA allows credit bureaus 30 days to investigate reporting errors and attempt to verify or correct them. If the credit bureaus cannot verify or correct your foreclosure notation, it must be removed. File a lawsuit against the lender reporting the foreclosure if it verifies the inaccurate information with the credit bureaus. The FCRA gives every consumer the right to sue any company or individual that knowingly provides inaccurate information to the credit bureaus. Many lenders, to avoid paying a representative to defend them in court, prefer to simply remove the foreclosure listing from the plaintiff’s credit file.

How to Find Bank Owned Homes for Sale

Bank Owned Homes, also known as foreclosures or REO properties, are available in every state and most municipalities throughout the country. These properties are often priced lower than other properties in the same neighborhood. However, in order to get the best deal on a bank owned home, the buyer has to know where to look and has to get the jump on other prospective buyers. By knowing how to research properties on the Internet, anyone can find many types of bank owned homes and properties.

Find Bank Owned Properties

Check HUD.gov for properties foreclosed by FannieMae, FreddyMac or Veteran’s Affairs. These properties are for sale directly from the Federal Government and may be advertised by local Realtors who are handling the transaction for the government. Visit BankOfAmerica.reo.com to find properties foreclosed by Bank Of America and CitiMortgage.com for properties owned by Citibank. Other lenders have similar websites and can be found by internet searches of terms including the bank name and “foreclosure” or “reo”. Local banks may also be searched for foreclosure properties. Search major Internet real estate sites such as Realtor.com, zillow.com, and trulia.com with the option for foreclosure selected. Join RealtyTrac.com for the latest information on foreclosure properties from a variety of sources. While the bank or financing institution may post the property sooner, contact information may be more easily found through RealtyTrac. Work with a licensed real estate professional who has access to Multiple Listing Service (MLS) data on properties. MLS systems allow Realtors to search directly for foreclosures or REO properties by area. If you are interested in a particular neighborhood, drive through looking for homes that look abandoned or have notices such as court date or eviction notices posted.

How to Find Out If a House Has Been Foreclosed

Buying a home involved in foreclosure can have its advantages, including the opportunity to buy a home at below-value market price at public sale. However, before you can benefit from this kind of deal, the first step is finding out if any houses in your area will be sold at foreclosure auction. Check with the county recorder or tax assessor’s office. The clerk of court should be able to tell you if there is a foreclosure action on record for the owner(s) of the property you are interested in purchasing. Talk to a local real estate agent. Because many homes in foreclosure are financed by the U.S. Department of Housing and Urban Developed or the HUD through the Federal Housing Administration, an agent certified in these areas can help you find out if a particular property is in foreclosure. He or she may be able to provide a listing of other properties in foreclosure as well. Start by contacting your local board of Realtors. Find bank foreclosure homes by establishing communication with local lenders and Realtors. These are the people who manage and market foreclosures that are up for sale. Talk first with your own lender for leads on upcoming foreclosure sales. Or, contact a real estate broker in the area to ask for a referral to a REO agent who can answer questions on whether a property has been foreclosed. (An REO is a real estate-owned property.) Take advantage of the many foreclosure database services now available online. Most will charge a fee, so make certain that you will be able to access the information you need. Some of these online services offer search tools that make it easy to search for foreclosure properties directly. Many national lenders also maintain websites listing bank-owned properties.

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It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

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