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Douglas Jason Jeffrey

Douglas Jeffrey’s Answers

17 total


  • We have a first & second on our home 2nd would not take short sale should we file bankrupcy or let it go to foreclosure

    the second is was for the purchase of the house not to take money out but we refinanced the second 6 years ago due to the interest rate that was going jump up.

    Douglas’s Answer

    This requires more facts. Why did the second refuse the short sale? Perhaps the purchase price was simply not enough, and you need better comparables. Maybe your Realtor needs to yield on his fees, and/or perhaps you could execute a note for a lesser amount than that what is owed. Are there other liens, like unpaid taxes or association fees?

    Do you have any defenses to a lawsuit, and are any lawsuits pending, and if so, what is the status of those lawsuits procedurally?

    As for bankruptcy, do you have other debt, and if so, enough to justify bankruptcy? Would you like to keep the house if you could strip the second lien? Did you puruse a loan modification of the first mortgage?

    I can think of many more questions, but suffice it to say, you need to seek the advice of a lawyer in your state who handles both short sales and bankruptcies to explore your options.

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  • My friends property was sold in auction, how can she redeem it?

    She can afford to pay all of the outstanding debt.

    Douglas’s Answer

    Frank poses great questions. You should also know that, generally speaking, if there is a right to redemption, the time period is usually short to redeem, so your friend should hire a lawyer right away if the property is of any importance.

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  • Public record of foreclosure impact on credit score -- if not on note.

    If I am not on the note, nor the deed, but am on the mortgage, I have been told that I am not liable for the debt obligation and therefore foreclosure should not affect my credit score. Then I have been told that since I am on the mortgage (not th...

    Douglas’s Answer

    Also, you should check your credit report every year, with all three CRAs, and you can get this for free once a year under federal law, to learn more check the following website:

    https://www.annualcreditreport.com/cra/index.jsp

    It is entirely free, and should not cost you a penny. This is good practice irrespective of your current situation.

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  • What is a redemption confermation?

    i got a letter saying that my home has been foreclosed and that the property may or may not be subject to a redemption,confirmation,or a ratification period what is that?

    Douglas’s Answer

    Some states have a statutory redemption period, which would allow a party whose property has been foreclosed upon to reclaim that property by making payment in full of the sum of the unpaid loan plus costs.

    I do not know what the law in Texas is on this topic, but you should consult a local lawyer right away to see if it is available to you as an option, and if so, what it entails.

    If it does not apply, the lawyer should have other advice as to what may be done, if anything, under the circumstances presented.

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  • If we received a subpoena duces tecum for deposition - what would happen if we don't go?

    We already have a scheduled court date next month for the same thing as this deposition in the attorney's office. Thank you

    Douglas’s Answer

    If you believe that you have a valid legal reason for refusing to appear, or for refusing to produce certain documents which are requested "duces tecum" then you need to file an appropriate motion with the court and have it heard by the Court before that date to the extent it is possible. If you just simply refuse to appear, however, you may be held in contempt of Court. (Usually, when a witness fails to appear for deposition a civil matter pending in Florida state court, the party seeking the deposition first files a Motion for Order to Show Cause. However, a subpoena is a court order, even if it is issued by the lawyer, which must be complied with, so you should either appear or file an appropriate motion as to why you should not have to appear and have it heard before the date the appearance is required.)

    Finally, if it is just a scheduling issue, usually if you call the lawyer far enough in advance he or she will move the date for you as a courtesy. Make sure you have any agreement as to scheduling in writing.

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  • Physician wants to do consulting work with claims and litigation

    Hi, I am a physician looking to work non-clinically. Where is the best place to look for independent consulting opportunities as relates to medico-legal work. Hospitals? Medical malpractice firms? If so, any leads on which ones? I live out in...

    Douglas’s Answer

    There are plenty of search firms looking for experts to add to their directories, which lawyers sometimes use to help find an expert in a particular specialty. For example, take a look at

    http://www.forensisgroup.com/

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  • Summery judgement

    Defendant's attorney only respond my request for admission with all objection.he has not answered my interrogatories and request of production yet. the final day for filing summary judgment will be on next Tuesday. what do i have to do next step?...

    Douglas’s Answer

    While I am not licensed to practice in your state, and cannot therefore give you advice, for informational purposes only.... generally speaking there is a remedy for discovery violations and that is usually a motion to compel. That should be done right away, and you need to find out if your state has a meet and confer requirement, or otherwise requires a good faith attempt to resolve the dispute first. Then, you also need to find out how to set it for hearing so it makes the docket.

    A Motion for Summary judgment, or cross motion for same, can be filed if it is timely, and sometimes a court may enter an order stating that such a motion must be filed before a particular date. Also, there should be a mechanism in place to seek a continuance of another party's summary judgment, which also must be timely and in accord with the applicable procedural rules. Also, there are usually deadlines for filing evidence in opposition to summary judgment. If you set your own motion for hearing, there are usually particular rules about how many days must precede the hearing date.

    You need to hire a lawyer in your state ASAP. Your questions in this forum strongly suggest you should stop representing yourself!!

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  • My name is on the title but not on the mortgage, will it affect my credit scores in short sell?

    My husband has been unemployed for a year now and we decided to short sell our house. The mortgage is only on my husband's name, but my name is on the title as well. If we short sell, will it affect my credit score as well? If I sign I quit claim ...

    Douglas’s Answer

    I concur with Mr. Goldstein. That being said, notwithstanding you should check your credit report every year, with all three CRAs, and you can get this for free once a year under federal law, to learn more check the following website:

    https://www.annualcreditreport.com/cra/index.jsp

    It is entirely free, and should not cost you a penny. This is good practice irrespective of your current situation.

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  • Vacating foreclosure sale?

    Bought my home before we were married, mortgage in my name only. Spouse works art home and handles the bills. Wasn't paying mtg. Just found out house sold at auction. I didn't even know was in foreclosure!!!! Spouse was communicating with bank, tr...

    Douglas’s Answer

    If the property is located in Palm Beach County, you should start by checking the docket online for your case at the Palm Beach County Clerk of Court website,

    http://courtcon.co.palm-beach.fl.us/pls/jiwp/ck_public_qry_main.cp_main_idx

    You may also review the court file at the Courthouse. Make copies of the file to present to a lawyer.

    You should also immediately consult with a lawyer in your area to see whether any grounds to vacate or set aside exist at this late date, and to determine whether it is too late to object to the sale. It was unclear when the auction took place and whether a certificate was issued.

    Generally, Florida law allows for service of process upon any resident of the household in which you reside who is over the age of 15 years old. Did your husband accept substitute service of the lawsuit on your behalf?

    Finally, you should contact a bankruptcy attorney to see whether that presents you with any options.

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  • I hired a lawyer to handle my forecloser. He sent a letter, made one call...I did the rest.

    I talked with the bank and a buyer (trying to organize a short sale) whenever I tried to interface with him, he was rude. I've received my final bill, and still have no Idea if it resulted in a short sale or a forclosure, when I emailed him to as...

    Douglas’s Answer

    It sounds like you should hire a new lawyer right away!

    In many jurisdictions, you can also search an online docket for the clerk of courts where the case is pending to determine the status of a legal proceeding.

    If you did not execute closing documents, that means a short sale likely did not occur if you are the owner of record. Did you list the property with a Realtor?

    Finally, once you hire a new lawyer to sort out the property issue, you should also consider contacting the state bar association in your state if you believe he did not live up to his professional obligations.

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