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Dmitry David Balannik

Dmitry Balannik’s Answers

67 total


  • I would like to pursue legal action against my mortgage company do I have a case

    I need to know what kind of lawyer to contact about this case I have. I filed a chapter 13 bankruptcy and I actually paid everything off in my plan without any late payments. The problem is my mortgage company approved me for a loan modification....

    Dmitry’s Answer

    Please have this conversation with your Ch. 13 attorney. There might be a cause of action for breach of contract. Ocwen frequently does not have its ducks in a row when it comes to paperwork. It's unlikely that you will recover for "stress."

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  • What if there is no equity in the home with a first and heloc loan. Can one of us buy the home by refinancing

    If we sell we should break even

    Dmitry’s Answer

    Please rewrite the question in the way that makes it understandable as to what you are attempting to do. Are you trying to buy your house at a foreclosure?

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  • Illegal Foreclosure as well as Illegal Loan Modifications

    I have seen man cases where homeowners have won cases based on illegal foreclosure as well as illegal loan modifications. They all seem to be in California and Florida, why is that. Seems like no one is willing to fight in MD DC area. Wells Fargo ...

    Dmitry’s Answer

    We frequently litigate foreclosure-related cases in Maryland. The defendants (note holders and/or servicers) usually file to remove these cases to the District of Maryland from the local county circuit courts. Theses cases take a lot of time and effort, and I cannot imagine anyone volunteering 60+ hours of their time given that the usual outcome is a modification but rarely a monetary award/attorney fees.

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  • Maryland Law. Why foreclosure defense attorneys only want to do loan mods and not ask for proof of note transfers/legitimacy?

    My alleged lender business defaulted during the alleged note transfer (MERS). The lender was listed in MERS as a servicer during the alleged transfer as well. (Servicer or Lender?) The lender’s alleged closing manager/supervisor has two differe...

    Dmitry’s Answer

    In Maryland, in order to challenge the mortgage note holder's ability to enforce its rights (foreclosure, etc.) the debtor must show that it was obtained by the note holder by fraud or theft. Thus, none of your legal theories are going to work in Maryland.

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  • Can a Maryland third party demand retroactive interest the creditor never billed before the debt was transferred?

    The original creditor (a health service) had never billed for interest, although the contract had allowed 18% interest to be billed. A Maryland lawyer taking over the account after July 2014 is charging 18% interest beginning the first month the...

    Dmitry’s Answer

    If the debt has been paid, you should be able to challenge this claim. Also, keep in mind that the Statute of Limitations in Maryland is 3 years. If the creditor (or a third party) has not filed a suit, they are probably out of luck.

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  • Can someone recomend a lawyer in Maryland that specializes in Mortgage Modification and/or Consumer protection?

    Working on a mortgage modification for more than 3 years.We have sent Citimortgage every document requested NUMEROUS times-within days of each request.We gave up and asked for a payment plan,once it was in place we started making payments on both ...

    Dmitry’s Answer

    Not certain as to whether you have a cause of action against Citi.

    However, under the new federal regs, namely 12 CFR 1024, the modification process should be slightly less painful.

    Never hurts to contact a lawyer to discuss your options.

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  • My home is up for forclosure I am on disability. 8 paymt. behind. Bank is aware. Have been out of work for awhile. Bills have

    Piled up. Is bankruptcy the answer for me? How can I stop the forclosure or can I? Please Help!!!

    Dmitry’s Answer

    Bankruptcy is certainly an option. However, you would be required to repay the 8-months arrearage in your Chapter 13 bankruptcy.

    Also, you can apply for modification.

    Either way, you must act quickly because the arrearage will become unmanageable as the time passes

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  • Looking for a lawyer experienced with defending homeowner in foreclosure aa county countrywide subprime underwater

    home underwater by 400k want to walk but don't want negative impact to purchase again

    Dmitry’s Answer

    Your options are 1) deed in lieu (however, there are now serious tax implications since the tax forgiveness law lapsed in December of 2013) or 2) chapter 7 bankruptcy

    Also, there are other important considerations such as HOA fees, etc.

    You can contact us or any other capable foreclosure attorneys on AVVO.

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  • Garnished bank accounts.

    My mother had some unknown charges placed on her credit card many years ago. Years later she began receiving letters from collection, and seeked the advice of an attorney. Long story short the attorney supposedly fixed everything(this what I know)...

    Dmitry’s Answer

    The answer entirely depends on what "supposedly fixed everything" means. Were the debts discharged in a bankruptcy? Were there any lawsuits? Strongly suggest a chapter 13.

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  • Can a MRI office during a scheduled appt. asked us to pay a $110 bankruptcy discharged included debt from '01 before being seen

    Chapter 13 filed 2003 discharged 2004 for my wife & I. Above MRI office included in chapter 13.

    Dmitry’s Answer

    They can't force you to pay but they also don't have to do business with you.

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