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Jeffrey Alan Klein
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Jeffrey Klein’s Answers

357 total


  • Can my spouse (ex) take our child?

    My husband and I are going through a divorce. He just picked up our daughter after not seeing her for 2 months (his choice). Is it legal for him to not bring her back home? She lives with me full time, but no custody orders have been filed as w...

    Jeffrey’s Answer

    With no prior custody orders, you and your husband are on "equal footing" are far as visitation is concerned. It would be best for the two of you to communicate about an informal visitation schedule until the hearing.

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  • Should I file for Chapter 7 bankruptcy right before, or after my upcoming Foreclosure trial? I'm trying to maximize my stay.

    My goal is to extend my stay in my home for as long as possible. Without knowing the outcome of the trial, I'm trying to way the merits of filing either right before the hearing, or right before the sale date in the event of a loss. Which procedu...

    Jeffrey’s Answer

    Best approach for you would be to try and get an extended sale date and then file just before the sale.

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  • If a 2nd mortgage is "charged off" and sent to collections, is it now an "unsecured" debt?

    My first mortgage has been in/out of foreclosure for a decade. The 2nd mortgage was charged off and sent to collections because the first mortgage debt far exceeded the home's value. Now that a collections company is demanding the full amount do...

    Jeffrey’s Answer

    In addition to the excellent advice submitted by my colleagues, you may also want to check the satisfactions of mortgages filed in your county's records. If there is such a satisfaction filed on the second mortgage then the lien is certainly discharged.

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  • When is the best time to file for Chapter 13 . . before or after foreclosure trial

    I'm in foreclosure . . . my trial is 4/21/15 . . .I,d like to stay in the home. So I'm contemplating a Chapter 13 . . .wanted to know if if I should file before the trial vs filing before the sale date I know after the sale dat...

    Jeffrey’s Answer

    You should speak with a local foreclosure attorney. Your attorney can probably get you an extended sale date, probably three to four months, and possibly a deficiency waiver as well. This would give you time to work out a modification.

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  • Plaintif motioned to cancel foreclosure sale a few days ago but I don't see the sale cancelled online. Should I be worried?

    My home was scheduled to be sold at auction 3/30 but we have agreed upon a payment plan. The plaintiff has motioned for a cancellation earlier this week but I don't see any verification that sale was cancelled. The property doesn't show as cancell...

    Jeffrey’s Answer

    Banks file motions to cancel sales all of the time, it makes them appear to the Consumer Financial Protection Bureau that they are proceeding in "good faith". But without a written stipulation signed by the homeowner or the homeowner's attorney or an "emergency" hearing on the matter just before the sale many judges are denying the bank's motion.

    If your sale proceeds you should move quickly to retain counsel and try to undo the sale. By quickly I mean next week, the earlier the better.

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  • My attorney just got my foreclosure dismissed. What do I need to receive from him and what options would be available to me?

    What is the meaning of the term with Prejudice. What other Dismissal decisions are possible and what are there meanings?

    Jeffrey’s Answer

    If your attorney got your case dismissed "with prejudice" then he must have done an outstanding job for you. "With prejudice" is the gold standard of dismissals. As far as your various options, much depends on the particular facts of your case, including possible application of Florida's statute of limitations. You should discuss this in more detail with your attorney.

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  • Is it common for a mortgage lender to seek a deficiency judgment after foreclosure?

    In our case, the lender did not seek a deficiency judgment, even though it only recovered $50,000 from a mortgage loan of almost $230,000. Isn't that a bit strange? I would think that it would be logical for a lender to always get a deficiency j...

    Jeffrey’s Answer

    Most of the "big" banks "normally" do not go after deficiencies.

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  • No activity on my foreclosure case since I filed for chapter 7 bankruptcy in February 2014. Notice of intent to dismiss?

    I have been in foreclosure since 2009 with Indymac/One West bank. and I am still living in my home. They just sold the loan to Owcen. Does the foreclosure lawsuit start all over again with a new lender? I also understand that if is there is no ...

    Jeffrey’s Answer

    No, the lawsuit does not start over. Plaintiff will substitute the new party if it needs to do so.

    If you file to dismiss the case for inactivity the plaintiff will likely respond by moving the case forward. Since you are living in the house for free and likely wish to continue doing so it would probably be a mistake to go in this direction. As the expression goes, "Let sleeping dogs lie."

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  • Must a Florida attorney meet his/ her clients BEFORE accepting their money/ retainer?

    A Jacksonville, FL based company, Distressed Mortgage Solutions, is offering to cancel that sale date on my foreclosed property, audit my mortgage, and secure a refinance of my mortgage with my bank. To "get the ball rolling," they're asking f...

    Jeffrey’s Answer

    If you want to stop the sale your money would best be spent on retaining a local attorney who knows the local judges and the local procedures.

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  • How can I file a motion to postpone a sale date or get an extension on the sale date?

    I have been approved for a short sale which is scheduled to close on March 13,2015. Foreclosure proceedings were also in progress with a scheduled sale date of March 6,2015. I want to ensure I am able to close and not face the possibility of the h...

    Jeffrey’s Answer

    Hire a local attorney immediately who is familiar with the judges and local practices. If you file your own motion or rely on the bank attorney to do so you might be quite disappointed with the outcome.

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