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Tim Pribisco’s Answers

42 total


  • How can we collect delinquent rent from a commercial lease where the renter supposably went of out business with no notice?

    We have a signed annual lease agreement. Renter was four months behind on rent. We served 15 notice to pay on him. He verbally stated he was going out of business. Moved everything out of the property location. How can we collect the money st...

    Tim’s Answer

    You should retain a local real estate attorney to write a formal demand letter and then commence lawsuit if the informal demand does not work. Provided the lease is valid, the lease obligates the tenant to pay. However, if the tenant does not choose to fulfill its obligation, prevailing in a lawsuit against the tenant to recover the unpaid rent will allow you obtain a judgment against the tenant. This judgment will allow you garnish bank accounts, and levy assets. The judgment will attach to real and personal property of the tenant. This means that you could force a sale and get paid from the proceeds or if the property is sold receive a portion of the proceeds. Judgments also accrue interest at the current rate of 4.75%.

    If the tenant is an individual, the judgment will attach to all non-homestead real property, and non-exempt personal property.

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  • I had a bankruptcy discharged in 2009..im in a situation with a foreclosure that may force me into bankruptcy to protect anyone

    from coming after me for a defieciency judgement..what is the time frame in florida between a bankruptcy being discharged and able to file again given the circumstances....i cant afford an attorney with all this ..my only recourse i can see thera...

    Tim’s Answer

    If you received a bankruptcy discharge in 2009, you will have to wait until 2018 to file another bankruptcy. Is the potential deficiency judgment for a property which was included in bankruptcy? If that is the case, liability for the deficiency will be extinguished by the bankruptcy, unless you signed a reaffirmation agreement.

    If you obligated yourself to the debt after the discharge, the discharge did not cover this debt.

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  • HOA did not cash checks for fees, filed against me.

    I pay bi-annual HOA fees. Their management company either lost or misplaced the checks I sent in for the fees (I have carbon copies of the old checks). Their lawyer contacted me via mail. In the letter to me I was told there were past due fees in ...

    Tim’s Answer

    • Selected as best answer

    In order to start a valid foreclosure against your unit, the association must have properly notified you (via certified mail) of its intent to lien your property. You should have been provided 30 days to cure the arrears. If you failed to cure within that 30 day window, the association then needed to provide you notice (via certified mail) that it would foreclose if the outstanding dues are not paid within an additional 30 days. If the association did not follow this procedure and you can demonstrate you tried to pay before you were in default, you likely have a strong defense to foreclosure.

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  • PBC FL possession hearing 8:45 AM or as soon as counsel may be heard.

    My mother was condo owner. The bank has been granted title. I have only public transportation to get to WPB court. How do I notify opposing counsel I will appear later in the day or how does it work? I'm trying to est. Tenant status as I have no o...

    Tim’s Answer

    From the facts you present, it seems there could be a hearing on a motion for writ of possession relating to either a foreclosure on the property in which you reside or an eviction. In either scenario, the notice of hearing will have counsel's phone number. You can call that number and coordinate.

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  • How long do we have?

    I would just like to know approximately how long do we have until we have to move out of our home if we are in foreclosure? From Lis Pendens to foreclosure auction? We are living in central Florida, and we are homeowners, not renters.

    Tim’s Answer

    It is difficult to predict how long it will take the plaintiff to foreclose since numerous factors will dictate the length of litigation. Pre-suit defects in the plaintiff's notices, origination issues, a plaintiff's compliance with discovery requests, plaintiff's counsel's workload, and mandate to move cases along are among the factors to consider. A foreclosure defense attorney can help assess these factors and provide you with an objective assessment of how long it will take for the foreclosure to complete. Additionally, a foreclosure defense attorney should contemplate your end game (ie. short sale, loan modification, deed in lieu, bankruptcy) and use your end game as a guidepost for his/her participation in the litigation.

    If all of these factors and several others converge in your favor, 2 years is not uncommon, if the factors converge against you, less than a year is not uncommon.

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  • Hi there , I was wondering if someone didn't sign a rental agreement can a landlord a give a 3 day eviction notice?

    landlord said that while living in the house and if we put work into it he would take money off the rent now we owe him 2500 in back rent . Thank you

    Tim’s Answer

    A landlord must provide a 3 day notice to all occupants in the leased premises. The non-payment of rent by the tenant(s) who signed the rental agreement can result in a landlord's right to evict all residing in the property regardless of whether they signed a rental agreement.

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  • How do I handle a foreclosure deficiency that has been sold and that I am unable to repay?

    -Mortgage owned by Deutche Bank serviced by AHMSI -Tried short sale option with 5 viable offers made (one was $34k more than paid in foreclosure sale) -Foreclosed in Jan 2012 -Sold to Deutche with 83k owed remaining -Vacated home in February ...

    Tim’s Answer

    If the home is still on the market, it seems that you were not foreclosed on in January 2012, but that the foreclosure proceeding began in January 2012. Being foreclosed on means that a the court entered judgment of foreclosure and has set a foreclosure sale date. If the property sells for less than is owed, the owner of the note may sue you to collect the deficient amount. If the note holder chooses not to pursue you on the deficiency, you may be taxed on the amount of "forgiven debt" ie . the deficiency. Taxation will depend on whether the property is your primary residence and whether the foreclosure sale occurs after Dec. 31, 2012. So having said all that, bankruptcy is likely a good option for you as it will give you significant debt relief towards the deficiency, amount, could eliminate the taxes (if filed strategiclly), and provide you significant debt relief with respect to other debts besides just the deficiency on the property. Speaking with an experinced bankruptcy attorney would be a good idea!

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  • I never received money after I signed a promisorry note but the other person did now he is sending a demand letter what can I do

    My employer made me sign a promissory note with him order to keep my job. I have never received anything never paid anything. I left the employer after three months. He made payments on the promissory note but stopped last year. According to t...

    Tim’s Answer

    Constitutional issues arise when an employer makes signing a promissory note a condition to employment. So, the contact may be "illegal," and unenforceable. If the nature of the contract between you and the lawyer is legal, the interest rate could be deemed unconscionable or even illegal depending on your state's laws.

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  • Does a work shop built on property become part of that real estate?

    we have property that belonged to six siblings. Our brother passed in january. His wife is moving from property and would like to take shop. does she have that right or is it now part of the property?

    Tim’s Answer

    Generally speaking, if the shed was placed on the property with the intent for it to be permanently affixed to the property, in most states, that will be considered a fixture and will have to stay on the property. Property laws vary from state to state, a local attorney could provide more insight.

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  • I received a notice of "Motion for Default" for a home I am renting. How will that effect me as the tennant?

    Is there anything I should be doing?

    Tim’s Answer

    I agree with my colleagues, and would like to point out a scenario which may or may not be applicable here. If your rental home is in a homeowners' association (HOA) and the homeowner is not paying dues, the HOA can collect rent from you directly to pay the dues. Upon proper notice, and your failure to pay rent to the HOA, an HOA may act as a landlord and evict you. So, if the home is in an HOA watch for letters from the HOA regarding rental payments. If this occurs, payment to the HOA will eliminate the unit owner’s right to come after you for rent. You will have satisfied your rent obligation by paying the HOA.

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