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Tim Pribisco’s Answers

42 total

  • 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

    I never intended to break the lease. I asked him to work with us for two months to see if my fiancee could find a job offering 1000 a month out of 1900 for Oct & Nov - we asked him to use the security deposit 900 in oct + 900 in nov to cover the d...

    Tim’s Answer

    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.

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  • Can i break my lease?

    Just leased an apartment 2 weeks ago. Management hasn't repaired my Fridge. My balcony is a dirty from previous tenants also. They told me they had other things more important to tend to. They had a water leak somewhere and have been busy. Its be...

    Tim’s Answer

    While landlord/tenant laws differ from state to state, landlords generally have a duty to maintain the premises in a habitable and sanitary condition. A landlord's failure to meet that duty can result in your ability to break the lease if the landlord does not correct the issue after providing valid notice to the landlord. In FL, a tenant can withhold rent after proper notice in order to induce a landlord to fix the issue. If the landlord does not correct this issue after a certain amount of time, the tenant can legally break the lease.

    I would refer to an attorney who is well versed in PA landlord/tenant law. Generally, keep in mind that providing the landlord with written notice of the issue will be the best first step in solving your problem.

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  • Small Claims court -What would I need to show judge if I'm filing for bankruptcy and have plaintiff listed as a creditor? Thanks

    I have a small claims case coming up soon. I haven't filed yet but am saving (to pay for an attorney) to do so. What would I need to bring to court to show judge that plaintiff is listed as a creditor? Thank you for your time.

    Tim’s Answer

    Your small claims action will stop once you file bankruptcy and notify the small claims court by filing a Suggestion of Bankruptcy in that case.

    You will list the plaintiff as a creditor in your bankruptcy schedules.

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  • What are the differences In INVESTMENT PROPERTIES betwwen Foreclosure, Short sale and Deed in Lieu?

    i have 2 investment properties in Allentown, Pensylvania. Their value are under water and currently they are not rented . i am not longer able to pay these mortages. What should i do? What would be my liabilities in case of foreclosure or shot sal...

    Tim’s Answer

    A short sale or a deed in lieu will not result in a foreclosure judgment against you. A foreclosure judgment would result in a sale of the property and could result in you owing the difference between the amount owed and th amount received at the foreclosure sale. However, because these are investment properties selling them for less than you owe could result in tax consequences in either a foreclosure or a shortsale/deed in lieu.

    Bankruptcy could help avoid both the taxes and owing any money on the mortgages if you disposed of the properties by surrendering them in the bankruptcy process.

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

    Landlord failed to provide proper notice to keep part of the deposit. Landlord stated it was sent on 30 October by certified mail have not received the letter. Florida Statue states must be received with in 30 days. Landlord states that a copy o...

    Tim’s Answer

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

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

    We live in Florida, filed bankruptcy and included house since it is in foreclosure and we do not want to keep the house. Do we need to leave house by the docket sounding or by pre-trial date which is scheduled the following week.

    Tim’s 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 the sale date.

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  • 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.

    i tried to get a loan modafication and they turned me down and i did an appeal multiplue times and i was turned down. i just down want to get coned or lose my home.

    Tim’s Answer

    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.

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

    at 1203.00 dollars per month. ihave a 1995 ford explorer that i paid 500.00 for. i need this car to get me to my doctors. can they take my car from me? i am really stressed out about this and fear i may have a heart attack if i dont get some answe...

    Tim’s Answer

    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 judgment. Generally speaking, the exemptions I explained along with other available exemptions may protect your assets. Additionally, bankruptcy could provide significant debt relief, or even eliminate this debt and other types of debt entirely.

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  • If my vehicle is paid for and more than ten years old, would I need to surrender the vehicle in a Chapter 7 bankruptcy?

    The vehicle loan was paid in full several years ago. The current value of the vehicle is less than $2000 according to NADA.

    Tim’s Answer

    • Selected as best answer

    I will concur with the remarks of my colleaugues above. I will add that my experience with Chapter 7 bankruptcy in Jacksonville is that the trustee usually considers the NADA valuation. Thus, you will be entitled to expempt at least $1000 of the value of the vehicle and perhaps more depending on the availability of exemptions in your case.

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  • 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?

    I saw a "motion for a stay pending the foreclosure" as an option on another. I know a judgement is inevitable, but I dont want to have wages garnished. We bought it as our primary but moved out, so it wasnt any longer . We had a hardship and tri...

    Tim’s Answer

    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 aware that there may be defenses available to you which could at the very least be used to negotiate a reduced payoff amount or modification. Additionally, Chapter 13 Bankruptcy can in some cases significantly reduce your obligation on a second mortgage. If you are contemplating bankruptcy, Chapter 7 Bankruptcy could also be used to completely discharge the second mortgage under certain circumstances. In any event, it will be importatnt to address this issue as ignoring it will only make it worse down the road.

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