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Theodore Lyons Araujo
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Theodore Araujo’s Answers

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  • Debt in judgement and frozen account

    I have a debt apparently that I don't even owe. But that is a separate issue I know I can resolve. At some point, the creditors filed 3 separate lawsuits for one action and in one wound up in Judgement. My issue is, I am "married" but me and my w...

    Theodore’s Answer

    You have to show the funds are exempt. The bank should have forwarded a form to you that outlines the exemptions. When you have a joint account generally each person owns the whole amount so "her" money may not be apparent to the bank or the creditor.

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  • What New York State laws address Debtor's exams, and are there any protections for debtors who are subject to exams in New York?

    I was sued in New York, the aggressive/resourceful plaintiff is about to get a civil judgment (probably going to win a summary judgment motion) and has threatened they will convert the final civil judgment to a criminal bench warrant. According to...

    Theodore’s Answer

    You can appeal and that will stay the collection proceedings, but did you defend the summary judgment? There are laws and rules that apply to such exams but they are before the court so you will be protected. get an attorney. Perhaps filing bankruptcy is an option?

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  • What are my options? Is there anything my ex could do to me because of this?

    My house is being foreclosed on. They want the payoff amount I'm unable to do that. Also my ex is still on the mortgage I could not take him off because of filing bankruptcy with him

    Theodore’s Answer

    You cannot get your ex off the note and mortgage unless the bank agrees and/or you refinance. You may be able to get a modification but if he is on the note and mortgage (and Deed?) he would have to sign off as well. You may be able to file a 13 and make up the payments and stop the foreclosure.

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  • Statute of limitations apply?

    I defaulted on a loan for my condo on October 17, 2011. The bank filed a Notice of Default in August of 2012. The bank has now filed a Notice of Trustee Sale in January 2016 with a sale date scheduled for February 9, 2016. The statute of limit...

    Theodore’s Answer

    The statute of limitations applies to when they have to start the lawsuit, not finish it. Also "SOL" is an affirmative defense in many instances that has to be raised when the law suit is Answered, although many states have laws that state it can not be waived if it is not raised.

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  • Do we have a case against Ocwen for wrongful foreclosure in 2013 & now for attempting to say we have failed to make payments?

    In the early 2000's, my husband lost his job due to a reduction in the workforce. With growing debt we made the difficult decision to file for bankruptcy to save our home. The Trustee payments were made regularly & the bankruptcy was discharged in...

    Theodore’s Answer

    The first person you should talk to is your former bankruptcy attorney.

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  • Can I get my money back

    My house was forclosed on I paid a person to save my house and all I got were promises. Can I sue for a refund and the cost of my house.

    Theodore’s Answer

    Don't know who you paid for what, but in some instances you can get a refund. Do you have a malpractice action against someone? See an attorney who does foreclosure defense in your community and find out! Good Luck.

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  • Can we challenge the assignment & foreclosure because the assignment wasn't recorded properly? Must they have the original note?

    We had a foreclosure filed against us. The loan was originally owned by MEM, LLC and was recorded in June 2013. It apparently got assigned to another company PM, LLC. We have been receiving letters and statements for at least a year with the new ...

    Theodore’s Answer

    Complicated area with a lot of misconceptions out there. Talk to a bankruptcy attorney or a foreclosure attorney. The Plaintiff has to have standing to bring the suit. In some instances that can be the servicer (the people you have been paying) but they have to jump through a few hoops and prove to the court that they have the legal right to bring the complaint. All assignments do not have to be recorded, and the party suing you does not necessarily have to own the original note.

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  • Why can I do to avoid foreclosure on my home

    My name is william I lost my wife and am alone with my 2 kids 10 years of age and I am about to lose my home

    Theodore’s Answer

    When you get sued there should be notices attached to the paperwork that let you know your options. Contact a local legal aid office, but if you cannot make the payments it is highly unlikely that you will be able to keep the home.

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  • What can I do to get the foreclosure off my record since it was out of my power when it happened?

    My ex-husband didn't follow through on his side of getting my name off our mortgage and let it go into foreclosure.

    Theodore’s Answer

    Divorce decrees and orders do not relieve you of the liability to the original lender. If the foreclosure is legitimate and you are still on the note and mortgage you must contact the lender and negotiate for new terms on the reporting to the credit report. If the foreclosure has been consummated then there is little chance the credit report can be changed.

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  • Can the mort co legally increase the mort pmt by adding an escrow acct while I am in Ch11, and then claim a deficiency?

    I am disputing a Statement of Claim in Chapter 11. I am pro-se. The statement is from my mortgage company regarding a non homestead property. I never had a pre-petition escrow account, and paid the taxes and insurance myself. They have taken...

    Theodore’s Answer

    Generally when you default on a payment or do things like file a bankruptcy the lender can exercise their right to change the loan to require you to pre-pay the escrow, even when the original terms allow you to pay direct. The controlling document would be the Note and Mortgage.

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