Sultana Louise Haque’s Answers

Sultana Louise Haque

Winter Park Chapter 7 Bankruptcy Attorney.

Contributor Level 9
  1. Should I file bankruptcy #7 BEFORE going to court for credit card debts over $10G each? cannot meet settlement terms at all.

    Answered about 1 year ago.

    1. Sultana Louise Haque
    2. Richard Allan Heller
    3. Dorothy G Bunce
    3 lawyer answers

    It does indeed sound like filing for Chapter 7 bankruptcy may be a good option considering the amount of your debt and the unemployment. As my colleagues suggested, it is probably better for you to wait for the completion of the probate. Whether you should file before the lawsuit, that would be good, but it is not absolutely necessary as even a judgment can possibly be discharged in bankruptcy. You just want to make sure there is no garnishment based on the judgment, but seeing as how you...

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  2. Can a mortgage foreclosure judgment be vacated?. If an appeal is filed does it stet the sale?

    Answered 10 months ago.

    1. Margery Ellen Golant
    2. Sultana Louise Haque
    3. Jacqueline Alicia Salcines
    3 lawyer answers

    A foreclosure judgment can indeed be vacated, but you are facing an uphill and time sensitive battle, especially in Miami (although the same goes for my neck of the woods in Central Florida). There may be some better options that provide better odds of keeping the home, like filing for a Chapter 13 bankruptcy and enter into a mortgage modification mediation with your lender, but you will definitely want to seek the assistance of an experienced foreclosure defense or bankruptcy attorney to...

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  3. Questions about Chapter 7. Schedules B and C.

    Answered over 2 years ago.

    1. Sultana Louise Haque
    2. Patricia Beary
    3. Shannon E Wynn
    4. Eric Charles Lewis
    4 lawyer answers

    Since the attorneys before me have addressed your question about increased income and Schedule B, I will answer you question with regards to Schedule C. If you are not claiming homestead, then you have have a total of $5,000 worth of personal property exemptions and $1,000 towards a vehicle exemption in Florida. Of the $5,000 of exemptions, that is broken up between the wildcard exemption of $4,000 (Fla. Stat. Ann. 222.25(4)) and the personal property of any nature exemption of $1,000 (Fla....

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  4. Does a certificate of sale show proof of purchasing a house or do I have to wait until the certificate of title gets recorded?

    Answered 10 months ago.

    1. Sultana Louise Haque
    2. Margery Ellen Golant
    3. Robert Jason De Groot
    3 lawyer answers

    You will have to wait until the Certificate of Title is issued, because the certificate that you have now does not show ownership since the sale can still be overturned within the 10 day objection period.

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  5. New Law in Florida Regulating Amount of Time Banks Can Pursue Deficiency Judgements - what about Grandfathering in old judgement

    Answered about 1 year ago.

    1. Sultana Louise Haque
    2. Jeff Tomberg
    3. Robert Jason De Groot
    3 lawyer answers

    I agree with my colleague in that it will not be possible to apply the new Statute of Limitations that presumably applies to any deficiency judgments entered on or after July, 2013 to a deficiency judgment that was entered prior to that time. The new law puts a considerable bigger burden on homeowners to prove within 20 days of service of suit that the documents the lender is using to pursue the foreclosure are faulty, so on the flip side the SOL has also been made shorter for the lenders to...

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  6. Can we pay off a chapter 13 early, do we have to pay off the unsecured claimed debt??

    Answered over 1 year ago.

    1. Sultana Louise Haque
    2. Dorothy G Bunce
    3. Brian Crozier Whitaker
    4. J. Thomas Smith Ph.D.
    4 lawyer answers

    The answer to your question is most likely yes. The way to end the chapter 13 early (in Orlando, at least) is for you to pay all the creditors, including unsecureds, 100%. However, as was suggested, the best way to find out the exact answer to this question is to contact the chapter 13 trustee office. They will be able to look at your exact case and provide you with specific answers. Good luck!

    3 lawyers agreed with this answer

  7. After filing bankruptcy can Homeowner’s Association come after your home if you are still paying mortgage company?

    Answered over 2 years ago.

    1. Derek R. Caldwell
    2. Christopher Frederic Ikerd
    3. Sultana Louise Haque
    4. Barbara Billiot Stage
    5. Eric Charles Lewis
    5 lawyer answers

    Although you may have discharged your HOA obligations in your Chapter 7 bankruptcy, you are still responsible for the dues that arose after the discharge if you are still living in the property. If you do not pay the dues that arose after the discharge, the HOA indeed has the ability to foreclosure for the money you owe them now. The fact that you are paying your mortgage has nothing to do with the HOA, because you still have an obligation to pay the HOA dues if you are still living in the...

    3 lawyers agreed with this answer

  8. Should I short sale, deed in lieu, or bankruptcy?

    Answered over 2 years ago.

    1. Margery Ellen Golant
    2. Dean David Paolucci
    3. Lewis Matthew Roberts
    4. John Addison Vos
    5. Sultana Louise Haque
    6. ···
    7 lawyer answers

    How you decide to proceed depends,in large part, on if you want to try to keep the house or if you are ready to give it up. Deciding whether to stay or go may in part be based on if your house is underwater (i.e., whether you owe more on your mortgage(s) than the house is worth) and if so by how much. The options you mentioned may have different outcomes and all affect your credit differently. Therefore, it is advisable that you meet with an experienced attorney so that they can really...

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  9. New foreclosure filing

    Answered about 1 year ago.

    1. Sultana Louise Haque
    2. Natalie F Guerra-Valdes
    2 lawyer answers

    It is likely that your mortgage lender will reinitiate its foreclosure action at some time in the future. However, if the HOA - who previously foreclosed on its HOA lien - is now the title owner of the property (extinguishing any rights to the property that you and your husband had), then the mortgage lender will have to foreclose against the HOA (since its rights to the property are superior to that of the HOA). Since you and your husband are no longer record owners, the new foreclosure suit...

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  10. After a home is sold at county court auction, how long do the residents ( living in the house ) have before they have to be out

    Answered about 1 year ago.

    1. Sultana Louise Haque
    2. Margery Ellen Golant
    3. Sergio Cabanas
    3 lawyer answers

    I agree with my colleague in that the 1st thing that needs to be established is whether this 3rd party bidder is indeed the legal owner. Just having a successful bid at the auction is not sufficient. It is when the clerk of the court issues the certificate of title to the 3rd party bidder that they are the legal owner of the property. Before that time, the previous owner will still have a right of redemption (getting the property back by paying in full what is owed including fees and...

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