Steven Patrick Combs’s Answers

Steven Patrick Combs

Jacksonville Personal Injury Lawyer.

Contributor Level 6
  1. Is it legal for the landlord to accept rent from tenant while unit is in foreclosure and the Maintenance fees have not been paid

    Answered about 4 years ago.

    1. Ayuban Antonio Tomas
    2. Steven Patrick Combs
    3. Clifford L. Tuttle Jr.
    3 lawyer answers

    To supplement Mr. Tuttle's answer, under the Tenants at Foreclosure Act of 2009, the tenant must be a bona fide tenant. Some lawyers believe that this means that the tenant must be current in their rent. Others believe that whether one is a bona fide tenant must be decided by the trier or fact in each case.

    1 person marked this answer as helpful

  2. What can I do to get rid of a debt (Home that I lost through foreclosure) I can not pay?

    Answered about 4 years ago.

    1. Ayuban Antonio Tomas
    2. Steven Patrick Combs
    3. James S. Tupitza
    3 lawyer answers

    As previsoulsy stated, Bankruptcy is the obvious answer. There are two priniciple types of bankruptcy for your average consumer. The simplest one is called Chapter 7 and in the simplest terms your assets, to the extent you have any, are liquidated and your debts are discharged. The more complex alternative is Chapter 13. In Chapter 13, your debts are reorganized and you pay off all or a portion of your debt within three to five years. Because of past abuses of the bankruptcy code, only...

  3. Florida,I have a condo that is in foreclosure and we are working with the lender.

    Answered about 4 years ago.

    1. Ayuban Antonio Tomas
    2. Jeffrey B. Lampert
    3. Steven Patrick Combs
    3 lawyer answers

    You can sue for eviction. However, if you have been collecting rents without paying your mortgage, and if the lessee hires an experienced consumer lawyer, the lessee could defend the action on the basis that you have breached your lease with the lessee by allowing the property to go into foreclosure. If you leased the premises while the property was in foreclosure, the lessee could assert fraud in the inducement. Our local legal aid society has succesfully fought evictions where the...

  4. Can your retirement pension be garnished due to foreclosure - 1st and 2nd mortage involved in Michigan?

    Answered about 4 years ago.

    1. Glenn R. Matecun
    2. Alan D. Walton
    3. Steven Patrick Combs
    3 lawyer answers

    Because I am not a Michigan lawyer, I cannot address your exact question. However, your question is a good question that may help many other folks looking for guidance. So my answer will be limited to whether one should tap out their retirment savings inorder to save a house that will likely end up in foreclosure some time down the road. Nearly all retirement accounts that are governed by the Employee Retirement Income Security Act (ERISA, as it is called), including pensions and 401Ks,...

  5. In the short sale process, why would the bank approve a short sale and then go back and ask the seller for more money?

    Answered about 4 years ago.

    1. Mitchell Paul Goldstein
    2. Steven Patrick Combs
    2 lawyer answers

    It is not clear from your question whether or not the bank is coming to "the seller for more money" after the short sale is complete. If the bank is, this means that the seller failed to ensure that the short sale agreement provided for a waiver of the deficiency as a condition for the sale. That is, the seller failed to make sure that the bank approved the short sale with an express and written understanding that the bank would not come back later for the difference between what was owed on...

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