Skip to main content
Desiree Sanchez
Avvo
Pro

Desiree Sanchez’s Answers

10 total

  • Am I required to provide spouse's work info for my judgment?

    For post judgment interrogatories, creditor is asking for my spouse's work info (company name, ph., position, take home pay, etc). Since the judgment is only against myself, am I required to provide my spouse's work info or can I respond simply re...

    Desiree’s Answer

    For now, you can advise that it is irrelevant since the debt is only yours. However, they can try to subpoena that information and you can attempt to defend yourself against providing it. You may wan to consult with a debt settlement attorney/bankruptcy attorney to see what rights you have as you may find that you have options to protect you and your family from having to pay this entire judgment.

    See question 
  • My father died leaving a homestead property. Does the bank have to file a creditors claim to take back the house in foreclosure?

    I am the personal representative for my fathers estate. His homestead has a mortgage that is upside down. Me my brother and my minor sister are heirs. Someone wants to buy the deed and I want to sell. But if I filed all the notices to creditors in...

    Desiree’s Answer

    Once you and your siblings have been identified as the beneficiaries of the property, you may sell the property. The Statute of Limitations is very tricky when it comes to real estate. In the last few months, there was a recent court ruling whereby the statute of limitations only applies once the mortgage has reached its expiration date, which is generally 30 years. At that point, the SOL begins. It is best to speak with an experienced foreclosure defense attorney to ascertain your rights as one of the new ownerss. An attorney can also assist with the sale of the property to make the entire process easier for you and your family.

    See question 
  • I won a small claims back in May of 2013. The defendent wants to sue me because I am garnishing his bank account.

    Can the defendent sue me for fees and his time after the judgment has already been made? He lives in NY and wants to bring this to NY to sue me. Is there any way to bring the case to FL if he is able to sue me?

    Desiree’s Answer

    Sounds like you just have a disgruntled opposing party. From what I understand, you have followed the law and have garnished wages based on a valid final judgment. That's legal.

    See question 
  • Help im in foreclosure and need an attorney. Incorrect loan number on assignment of note and mortgage .

    Complaint says Chase is owner/holder by note endorsement but the only thing stamped on there is Ameriquest which was the original lender. I believe it is an endorsement in blank because it says pay to the order of a small space then without recour...

    Desiree’s Answer

    Many homeowners make the mistake of not hiring an attorney while they are in foreclosure. Many beleive they can represent themselves. You are doing yourself a disservice. The issues you raise are not grounds for valid defenses as long as the lender meets the other more important criteria. Endorsement, holder of note and mortgage, originals to note, supporting affidavits, etc. Speak with a qualified, experienced attorney and that attorney will find the defenses that will help you. Simultaneously, a loss mitigation solution should be worked on to get you out of this situation.

    See question 
  • How long does it take for bank to get auction Sale Date, after final judgment from the court?

    Forclosure final judgement was stipulated to by owner.

    Desiree’s Answer

    You have a couple of things going on. First, as to the final judgment and sale date, typically the judge will set a foreclosure sale date between 45-60 days from final judgment. However, with an aggressive attorney, you may get more time. As to the second issue, if there is a court order that requires conciliation, then the lender should not be entitled to a sale date. With all this said, it is imperative that you obtain a qualified and experienced attorney to help you. Some Attorneys will provide a resaonable fee that at least allows you to remain in the property while these issues are worked out. Still cheaper than paying rent.

    See question 
  • Is it possible to get the home mortgage principle reduced?

    After a modification made by myself, my servicing company increased the principle from $179k to $226k. The house is worth around $100k now. Mortgage payments still too high. Was basically only able to get rid of a balloon loan and change it to a ...

    Desiree’s Answer

    If your loan qualified for a principal reduction, you likely would have received one this time around. However, in the hundreds of modifications that we have completed, there are times that a client will reject a loan modificaiton and then later receive a principal reduction. With this said, it depends on your type of loan as most loans do not qualify. Then, it depends on the investor who owns your loan. A qualified and experienced attorney can advise you as to whether you at least meet the first prong.

    See question 
  • Landlord died, home will go to foreclosure, Son wants us to pay rent to him. What Do we do? No written lease, only verbal.

    We are saving our pennies and looking for a new place to live. But in the mean time what should we do? We live in a Duplex. Our landlord lived next door. He was elderly and we helped take care of him. There was never a written rental agreement/...

    Desiree’s Answer

    Consult with an attorney as soon as possible. This matter is a probate and landlord/tenant issue. He may have the right to collect rent depending on the situation. Whoever is the rightful owner of the property has the right to collect. The rightful owner, as of right now, is the biggest question you need answered from an experienced attorney.

    See question 
  • Filing bankrupcy can I buy a car?

    I am filing for bankrupcy and I was wondering if it would still be okay to buy a car from one of the car dealerships that don't sell by credit scores. I havent started the process yet but I will in the next few weeks so not sure if its okay to do...

    Desiree’s Answer

    If you intend to file bankruptcy, the court will be looking at all of your assets. If you "need" a vehicle, you can absolutely purchase a vehicle. However, it would be best to consult with an attorney before you make such a purchase to discuss the specifics of the value and expense of the vehicle, along with a discussion of all of your other assets.

    See question 
  • Can I purchase my fathers home? It is going into foreclosure soon. I really want to keep the house, but need a lower pymt. Help.

    My father passed away in April. His house is going in foreclosure soon. I want to keep the house..dad spent so much time and energy into the house by fixing it up. My husband and I were looking to buy soon anyhow. His payments are to much for me.....

    Desiree’s Answer

    I am assuming the home is upside down and a short sale would be required. If that is the case, it must be an arms length transaction, meaning immediate family such as yourself cannot purchase the property. Unless, however, the lender is aware that you are purchasing the property and has no problem.

    See question 
  • 2 Liens for Pre Petition (prior to bankruptcy) & Post Petition Maint fees and now a JUDGEMENT for Post Petition fees after

    Ok I posted earlier regarding whether there was a way out of Post Petition maintenance fees. I just found out today from the lawyer for IBM the owner of my first mortgage that the Maint. Company filed a lien of 5k (we owed about $2400) in May 2010...

    Desiree’s Answer

    As to maintenance fees in paritcular, post-petition debt you will be liable for; however, pre-petition debt you are not. Therefore I recommend you request an itemization of unpaid maintenance fees so you can ensure that the fees being sought are correct. Attempt to do a settlement on the outstanding fees owed post-petition. You may also want to complete a short sale or a deed in lieu of foreclosure to get the property out of your name.

    See question