Tim A Pribisco Jr.’s Answers

Tim A Pribisco Jr.

Contributor Level 8
  1. Rubin and debski attourneys at law have put a judgement against me for capital one. i am drawing my social security retirement a

    Answered over 2 years ago.

    1. Tim A Pribisco Jr.
    2. Shawn Michael Packer
    3. Brian S Wayson
    3 lawyer answers

    Kenneth, Creditors are prevented from taking social secuirity benefits. Also, as citizens of Florida our state constitution gives us $1000 exemption in a motor vehicle. So, if your car worth less than $1000, creditors may not take your vehicle. If you do not own a home, our state constitution also gives people $4000 of extra exemptions which may be applied to other personal belongings like a vehicle. Without more facts, it is difficult to provide full advice about how to deal with the...

    2 lawyers agreed with this answer

  2. I lost my job and was forced to break the lease to a rental property after six months. I gave him F/L/S. He is keeping sec depos

    Answered over 2 years ago.

    1. Tim A Pribisco Jr.
    2. Carol Lynne Zimmerly
    2 lawyer answers

    The Landlord may be able to keep your security deposit because you vacated the premises prior to the expiration of the term. However, unless you failed to provide 7 days written notice of your intent to vacate, the landlord has 30 days to provide you with written notice of his intent to keep your deposit. A landlord's failure to provide this notice could result in the landlord losing his right to retain the deposit.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. I have a 2nd mtg HELOC in FL & the home has not been Foreclosed. The 2nd is suing now for a civil jdgmt. How can I respond?

    Answered over 2 years ago.

    1. Tim A Pribisco Jr.
    2. Margery Ellen Golant
    2 lawyer answers

    Responding to a lawsuit is always important. Your failure to do so could result in the entry of a default against you. Once a default in entered, the Plaintiff will inevitably obtain a default judgment. At that stage in the proceedings, raising defenses and contesting the facts presented by Plaintiff is very difficult, and in most instances, not allowed. Without more information pertaining to the terms of your HELOC it is impossible to give any advice as to a specific response. However, be...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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

    Answered about 2 years ago.

    1. Margery Ellen Golant
    2. Tim A Pribisco Jr.
    3. Diane L Drain
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered over 2 years ago.

    1. Jeffrey B. Lampert
    2. Tim A Pribisco Jr.
    2 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered over 2 years ago.

    1. Tim A Pribisco Jr.
    2. Thomas Fred Meyer
    3. Timothy Alan Weaver
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

  7. Single family home landlord renting on his own without a real estate agent

    Answered over 2 years ago.

    1. Tim A Pribisco Jr.
    1 lawyer answer

    From the facts you present, your specific issue is unclear. What is the basis of the alleged discrimination? What did the HUD Complaint say? Often times homeowners' associations have certain restrictions on whether a property may be leased. More information would help provide a better response.

    1 lawyer agreed with this answer

  8. Has been 37 days have not received security deposit from landlord. Are we entitled to the total deposit now?

    Answered over 2 years ago.

    1. Tim A Pribisco Jr.
    2. Carol Lynne Zimmerly
    2 lawyer answers

    Your landlord is required to send you notice by certified mail at your last known address. Section 83.49 (3)(a), Florida Statutes.

    1 lawyer agreed with this answer

  9. My home is in foreclosure and i talk to someone and they told me about hamp. i just want to know if thats a good way to go.

    Answered over 2 years ago.

    1. Tim A Pribisco Jr.
    2. Zeina N. Salam
    3. Philip Sean Karle
    4. Earl Warren Parker
    4 lawyer answers

    To obtain a loan modification through HAMP you must meet certain requirements. Among them are that the loan is secured by your primary residence and that the loan payment is at least 31% of your gross monthly income. A lender is under no obligation to provide you with a loan modification. Pursuing a loan modification will also not halt foreclosure proceedings against you. If a lender has started foreclsoure proceedings against you it is a good idea to seek legal advice early on.

    1 lawyer agreed with this answer

  10. Can we be asked to leave our house at the docket sounding for foreclosure?

    Answered over 2 years ago.

    1. Tim A Pribisco Jr.
    1 lawyer answer

    Generally, the Plaintiff in a residential foreclosure case will wait until the discharge is entered in the bankruptcy proceeding. Once the discharge is entered, the plaintiff must finish the foreclosure. You will receive a final judgment in rem which will show a foreclosure sale date. After the sale date, the plaintiff will get a writ of possession (the document which entitles it to possession of the property). It is a good idea to prepare your exit of the property when you receive notice of...

    1 person marked this answer as helpful