William Julian Smith’s Answers

William Julian Smith

Lawrenceville Foreclosure Attorney.

Contributor Level 7
  1. Can a mortgage loan be assigned to a securitized trust after the closing date of the trust?

    Answered almost 2 years ago.

    1. William Julian Smith
    2. Ashley Anne Digiulio
    3. Glen Edward Ashman
    4. Robert M. Gardner Jr.
    5. Eric Jerome Gold
    5 lawyer answers

    I took a quick look at your trust's pooling and servicing agreement, and it appears to indicate that Assignments can be recorded after a borrower default, but that they needed to be EXECUTED AND IN THE CUSTODIAN'S POSSESSION prior to the trust's close. In other words, the trust was probably required to hold legal title to the property prior to the closing date. Most of these securitization trusts have the same kinds of provisions because they are REMICs and can run afoul of the Revenue Code and...

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  2. My home was foreclosed. Before I could get all my property out the locks were changed. What happens to the remainder of it?

    Answered over 1 year ago.

    1. William Julian Smith
    2. David Michael Lawler
    3. Robert M. Gardner Jr.
    4. David Jason Merbaum
    4 lawyer answers

    If the foreclosure sale purchaser did not file a dispossessory action against you and did not obtain a judgment and a writ of possession, then this was an illegal eviction for which you can recover damages. Given that the eviction is illegal (assuming the evictor does not have a writ), your property is not abandoned and you can recover (i) your personal property, or (ii) money for any harm done to your personal property, and possibly (iii) money for the temporary loss of use of your personal...

    4 lawyers agreed with this answer

  3. I filled bankruptcy in 2007 discharged in 2011 but my 2nd mortgage wont give me my pay off balance because they say that yes its

    Answered almost 2 years ago.

    1. William Julian Smith
    2. Michael T Millar
    3. Gary D. Bollinger
    3 lawyer answers

    If the lender went into BK, the value of their lien on your property may be included as an asset in their BK filings. Depending on your facts, you may be able to file a quiet title action to get the security deed rendered unenforceable and the lien cancelled. At any rate, the threat of such (as Mr. Millar stated) may be enough to get them to give you what you want. Feel free to call for a free consultation. -- William J. Smith SMITH LAW, LLC P.O. Box 468328 Atlanta, GA 31146 T: 678....

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  4. Does a partial payment on a defaulted loan "toll" or "revive" the statute of limitations in Georgia?

    Answered almost 2 years ago.

    1. William Julian Smith
    2. Kris K. Skaar
    3. Ashley Anne Digiulio
    3 lawyer answers

    Since the SOL commences running upon breach, I would normally conceive of a payment as a tolling event (curing breach by recommencing performance). In order to REVIVE the SOL you would need to make a new promise to pay in writing. While notes and checks are both negotiable instruments, a note is a PROMISE to pay whereas a check is PAYMENT (a cash equivalent). Therefore it would seem that writing a check was not the same as making a new "promise to pay" -- but rather that it was merely...

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  5. Can a bank sell a foreclosure with previous open loans?

    Answered almost 2 years ago.

    1. Glen Edward Ashman
    2. William Julian Smith
    3. Glenn F Russell JR
    4. Robert M. Gardner Jr.
    4 lawyer answers

    I agree that having title insurance would have made things a lot easier. With regard to your chance of succeeding in getting the bank to fix the problem (or succeeding in a lawsuit), it depends on what kind of deed you have. If it is truly a GENERAL warranty deed (where the grantor warrants clear title as to himself and as to all grantors before him), then you could probably succeed in litigation against the bank. In fact, they'll probably settle with you rather quickly and/or put their...

    2 lawyers agreed with this answer

  6. Can a wrongful foreclosure suite be file after 5 years when one learns of the fraud in loan, assignment & chain of title issues

    Answered almost 2 years ago.

    1. William Julian Smith
    2. Glen Edward Ashman
    3. Steven Zalewski
    3 lawyer answers

    This is a tricky topic. The limitations period for fraud is 2 years. The limitations period in tort for damage to a property right is 4 years. (The issue is still undecided, but the limitations period for wrongful foreclosure is probably 4 years.) However, if fraud deters one from bringing an action, the limitations period is tolled until the fraud is discovered. Thus you could still have a cause of action for wrongful foreclosure since BOA basically deceived you into believing they were the...

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  7. How do I know if I have been discriminated against?

    Answered almost 2 years ago.

    1. William Julian Smith
    2. Oleg I Albert
    2 lawyer answers

    There are 2 separate issues here: (1) whether Title VII or some other employment statute covers your situation, and (2) whether you were in fact discriminated against. The claim it sounds like you believe you may have is called "failure to hire", but I'd need to know more facts about the employer and about your situation before I could determine whether you had a strong probability of success. William J. Smith SMITH LAW, LLC P.O. Box 468328 Atlanta, GA 31146 T: 678.691.5676 F: 770.674....

    2 lawyers agreed with this answer

  8. Spouse died 12/11, refinanced no doc loan w/o me on. Am I liable for loan via foreclosure, on deed, owned 1988, shd I save or ?

    Answered almost 2 years ago.

    1. Ashley Anne Digiulio
    2. Brian E. Daughdrill
    3. William Julian Smith
    4. Robert M. Gardner Jr.
    4 lawyer answers

    Your issue turns on how you owned the property with your husband and whether you signed the mortgages. If you owned the property as a joint tenant with rights of survivorship with your husband and only his name was on the mortgages, those mortgages are probably extinguished as a matter of law. Additionally, if you are not a named payee or a guarantor on the note, the mortgage companies cannot come after you on the indebtedness. You should speak with a lawyer immediately. William J. Smith...

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  9. Can wrongful foreclosure case be reopened after final order? Previous attorney failed to appeal for us.

    Answered about 2 years ago.

    1. Sam Louis Levine
    2. William Julian Smith
    3. Robert M. Gardner Jr.
    3 lawyer answers

    You may still have time to file a motion to set aside the judgment. If that time window has lapsed, res judicata may be an issue. Also, you may have a malpractice claim against that attorney. If the owner of the note did not foreclose in its own name, you may have had a claim for wrongful foreclosure. (You may have also had claims arising from the scenario involving the loan mod). If those claims are now barred by res judicata, your former attorney may be liable to you for damages. You...

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  10. Can I delay the certificate of title being handed off to the new owner to give me more time by objecting to a sale if so how?

    Answered almost 2 years ago.

    1. William Julian Smith
    2. Antonio Alonso
    3. W Chase Carpenter
    3 lawyer answers

    I do not practice in Florida and I don't know Florida law, but here are some links that may point you in the right direction: http://fightingfloridaforeclosure.com/news/news/fireworks-in-open-court-today-matthew-bavaro-and-judge-alan-schwartz-did-not-see-eye-to-eye-in-todays-miami-dade-foreclosure-trial/ http://www.stayinmyhome.com/blog/2012/12/foreclosure-defense-in-miami-dade/ http://4closurefraud.org/2012/12/19/foreclosure-court-in-miami-florida-is-out-of-control/ http://...

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770-674-1683