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Steven D. Kramer
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Steven Kramer’s Answers

3 total

  • Florida Foreclosure

    What is a Notice of Voluntary Dismissal of Defendant, without prejudice?

    Steven’s Answer

    A Notice of Voluntary Dismissal Without Prejudice is the dismissal of one or more Defendants in a pending civil action. In a foreclosure, the Lender will often name any possible party having an interest in the property at issue as Defendants i.e. "Unknown Spouse of Jane Doe." Often prior to a Summary Judgment hearing, the Lender will dismiss some of the parties named in the action. "Without Prejudice" means that the Plaintiff, or Lender, may refile against the dismissed party.

    The above information is not intended as legal advice. If you have any legal questions consult with an attorney of your own choosing.

    For additional information visit the following websites:

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  • What are the best questions to ask in the discovery stage of foreclosure?

    I am preparing my discovery questions and I want to make sure I am asking the best questions and in the correct format. Thanks for your time

    Steven’s Answer

    Let me first start by saying that the best possible move that you could make at this point in time is to hire an attorney to represent you in this matter. The Florida Civil Rules of Procedure are very specific and can be unforgiving in many instances. The Court will likely hold you to the same standards as an attorney as far as understanding and abiding by the Florida Rules of Civil Procedure. This may put you at an extreme strategic disadvantage, as your adversary is an attorney who does this work for a living.

    That being said, discovery in any case is very dependent on the matters at issue in the foreclosure case. If the issue is whether the bank possesses a note or whether the note has been endorsed or assigned properly, the attorney would gear discovery requests to address those issues. If the issue is a dispute over whether payment has been made or whether a foreclosure defendant has been properly credited for payment, then the discovery might be geared toward obtaining ledgers, payment history or bank records. If the issue related to Truth in Lending Act violations, the discovery might be geared toward the closing documents and the financial statements included in those documents.

    Further, a skilled foreclosure attorney would pursue every means of obtaining and investigating this information including a request for interrogatories, request for admissions, and request for production, followed by depositions. A request for interrogatories asks written questions that must be responded to in writing and under oath. A request for production asks for documents in the possession or control of the party. A request for admissions usually seeks to narrow or limit issues by demanding that the answering party either admit or deny the request, or admit to the genuineness of a document. Each of these documents should be carefully tailored to avoid objections and should comply specifically with the time limitations imposed by the Florida Rules of Civil Procedure. Finally, in the event of delay or unfounded objections, a foreclosure attorney would be prepared to file any necessary motion to compel in order to force the production of disputed discovery.

    These procedures can be rather complicated. Taking the time to craft strategically sound requests can be burdensome. The above information is not intended as legal advice, if you have any legal questions consult with an attorney of your choice.

    For additional basic information regarding foreclosure and civil litigation visit our websites:

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  • Foreclosure vs Bankruptcy

    I bought 2 homes in the last few years, one as my residence and the other to rent out. I had roomates but they left, my monthly payments on both homes went up, and now I find myself having to come up with an additional 1.5K per month to cover the ...

    Steven’s Answer

    Your first step should be meeting with a good Foreclosure Defense Attorney. Our law firm handles both foreclosure and bankruptcy cases, however, bankruptcy is not always the best option for those individuals facing foreclosure. Often a skilled attorney may assist a homeowner with both defending a foreclosure case and negotiating a resolution with a lender. You may be able to either surrender the properties to the bank through a deed in lieu, or you may be able to enter into a consent judgment with the bank, wherein they agree to waive any deficiency against you. Of course this will all depend upon your uniwue scenario. I would suggest meeting with both an attorney concerning the foreclosure and a bankruptcy to discuss your options. You also should meet with an accountant concerning any potential tax consequences associated with turning over your property to the bank.

    We do post some information regarding bankruptcy and foreclosure at our websites.

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