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Matthew Dabbney Pineda

Matthew Pineda’s Answers

16 total


  • Is a tenant in a home in FLA. responsible for lawn maintenance?

    I'm planning on renting a home in Gibsonton, FL., are we resposible for lawn maintenance?

    Matthew’s Answer

    You will have to look at you lease to answer this question. The Florida Statutes dictate certain clear duties of the landlord for maintenance of rental properties. These include extermination of pests, running water, etc. Lawn maintenance would not be an automatic duty of the landlord for a rental property unless it is specified in your lease.

    *This is not to be construed as legal advice.

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  • I'm a tenant in a house with a foreclosure process

    i just received a notice of hearing for june 1st, i just want to know how long after the hearing is usually the sale date. i just want to know how much longer i have to stay in the house.

    Matthew’s Answer

    The hearing my be a Motion to Dismiss hearing brought on by the homeowner's attorney. Do you know if the homeowner has retained counsel? If it is a motion to dismiss hearing either the case can be dismissed (usually giving the lender's attorneys leave to amend the complaint). If it is dismissed this buys a lot of time for the homeowner. If as discussed it is a motion for summary judgment hearing on the motion of the lender by its attorneys, then final judgment could be entered. When final judgment is entered, there are time frames thrown back and forth but it is not always a consistent number. 90 days is a good estimate, but I have seen less and sometimes more depending on the situation. You also have rights to stay in the house as an innocent residential tenant.

    *This is not to be construed as legal advice.

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  • I want to file for joint custody of my daughter. Any advice will help!

    The mother of my child & I were together when the baby was born, we lived together, I was working & going to school, she stayed at home for the first 4 months making me the sole provider. She moved back home with her parents so she could continue ...

    Matthew’s Answer

    There are many questions that need to be answered concerning your case before an attorney can help you. For example, were you named as the father on the birth certificate of the child? Just generally, a petition establishing paternity and a parenting plan should be filed with the appropriate Family Law division. Consulting an attorney is the best avenue to ensure that your rights as a Father will be protected. I wish you the best. ***This is not legal advice***

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  • Does a Living Will and Last Will and Testament have to be filed in a court to be legal?

    Does a Living Will and Last Will and Testament have to be filed in a court to be legal?

    Matthew’s Answer

    No, neither document needs to be filed with a court. It is a good idea to keep the original of a Will somewhere extremely safe (safety deposit box) and leave a letter that can be easily found explaining where the original is. For living wills, the original should be kept somewhere it is easily found so that should something happen where the document is needed, the original can be brought to the hospital or faxed to the hospital.

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  • My father died 4 months ago, told me he was leaving me sum x, but his widow (not my mom) dislikes me. Can she contest?

    My father told me verbally, some time before he succumbed to his terminal illness, how much money my brother and I would be receiving. However, he and his 4th wife visited me a couple of months before he died, and his wife became very upset when I...

    Matthew’s Answer

    First and foremost it is important to determine whether your Father prepared a Last Will and Testament. If he did, this Will will have to be probated in your State and beneficiaries will be given notification of the administration of the estate.

    If there was no Will, the assets will pass according to the laws of intestacy in your state...meaning that the assets of the estate will pass along to beneficiaries as the state law has determined should be passed.

    It is advisable that you consult an attorney to ensure that your rights are protected.

    *This is not to be construed as legal advice*

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  • What is the normal start rate for a Foreclosure lawyer

    my home is in due for court date next month and i went to an attorney. I am being charged 1500 for the court date and every month after is 400 is this accurate. I was told this was too too high. also, before i was looking for an attorney and they ...

    Matthew’s Answer

    Attorney fee agreements can be different as you go from lawyer to lawyer. If you feel you are being overcharged, you may withdraw depending on your agreement. It is likely that with your agreement, you will be allowed to withdraw but will not be able to have your money returned. If this is the case you might as well stick with your attorney. At that rate it is likely he/she is very experienced with foreclosure defense and is probably worth the money. I wish you the best with your situation.

    *This is not to be construed as legal advice*

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  • I have a court date for summary judgment of foreclosure. What can I do to prolong the foreclosure.

    I want to stay in my home and have no legal knowlege. What do I do at the hearing?

    Matthew’s Answer

    A summary judgment hearing for foreclosure is a serious situation. At a summary judgment hearing, the judge may put a sale date on your property if judgment is found in favor of your lender.

    If your goal is to stay in your home, you should consult an attorney to go over your mortgage documents and to explain to you what possible foreclosure defenses you may have. Hiring a lawyer to represent you in court will ensure that your rights are protected.

    Many judges will recommend a mediation or you can request a mediation. If a mediation is set you will have at least that time to stay in your home. If mediation is not successful, however, you will find yourself in the same situation with a summary judgment hearing being set and a sale date being placed on your property. I truly wish you the best.

    This is not to be construed as legal advice.

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  • Can it be brought in an open court what a person did as minor when the court does not effect or concern the minor

    a lawyer brought a minor's problem to a court that does not effect the minor at all

    Matthew’s Answer

    I am not sure I understand your question. It is important to know why that past act was brought during trial. Generally prior bad acts will not be allowed to prove conduct. There are exceptions to this rule. For example, if the accused is the one who first introduces evidence of good character traits...the opposing side is then free to rebut with evidence of how the accused's character is not good. Evidence laws also vary state to state. In what context was the peron's actions as a minor brought up? There is not enough information in your question to fully answer the question. This is not legal advice. You should consult an attorney in your state concerning this matter.

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  • How long do you have to live in west virigina to get a divorce?

    how do you get a divorce when the person hasn't lived in west virigina for very long?

    Matthew’s Answer

    The residency requirement for a dissolution of marriage in West Virginia is one year. This is unless the marriage ceremony took place in West Virginia, then the residency requirement is waived. This is not legal advice. You should consult a West Virginia licensed attorney to assist you with your family law issue.

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  • I did not appear in court on a foreclosure summons?

    What will happen with a Judgement by Default or an In Rem Deficiency Judgement against me?

    Matthew’s Answer

    If there was a final judgment entered against you then there is likely a sale date set for your property. I am assuming we are talking about a residential property. For a residential property in Illinois, there is a right of redemption for 7 months after the filing of the foreclosure complaint or 3 months after the date of a final judgment. This means that if a final judgment was entered against you for not appearing in court, you have a three month period from the date of that judgment to pay the loan sum and full with costs to retain your right in the residential property. I would suggest consulting an Illinois licensed attorney to further explain to you your rights concerning the matter.

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