Joseph Brien's Answers

Florida foreclosure law, procedure for responding to a foreclosure summons

The quick answer is by mail to the Clerk of Court and by fax or mail to the opposing party or its attorney. But don't be so fast. There are many choices to consider in responding to suit for foreclosure. Motion to Quash Service, Motion to Dismiss, Answer and Affirmative defenes are but a few responses to consider. I suggest you contact a qualified attorney before you respond. Don't be "Penny wise, Pound foolish." Many mistakes can be found in the foreclosure filings these days as...

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Does Florida Law require a Writ of Possession if property is abandoned and/or found vacant?

Absent a Writ of Possession, you consider Florida statute 83.59(3)(c) - Right of action for possession "When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption shall not apply if the rent is current or the tenant has notified the...

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A foreclosure complaint was filed against me on a property I not even own. How do i answer pro se?

Answering Pro Se is Simple Write a letter to the Court Reference the case number and Parties to the case. If you believe that you have no interest in the property, you should still keep informed on the case. Advise the court that you do not have any interest in the property; however, you would like to be noticed and served with any filings of the case in the future. This way you will keep informed on the case, and avoid a nasty suprise. Secondly, you send email to the plaintiff'...

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Recieved a "notice of voluntary dismissal" Wells Fargo have entered into a loan mitigation payment arrangement in favor of...

The case has been dismissed. Voluntarily. The Owner of the note can bring another suit to foreclose in the future. NOTE however, that there is a 5 year statute of limitations. After witch the note is unenforceable and uncollectable. The five year runs from the date the loan was in default and/or last payment was made. Just the same, the mortgage shall remain on the title and a quiet title action or small payment to the noteholder should remove the mortgage. Jbrien@brienlawgroup....

I am renting a property from a real estate management company and was served with foreclosure papers today what should i do

First, a foreclosure is not a defense to paying the rent. I suggest you contact the management company and/or the actual owner and find out what you can from them. If you fail to pay rent the management company could file for eviction and obtain money damages against you. Ultimately, a judgment will be entered against the tenants, as they generally have no real standing to defend. Assuming the foreclosure sale goes through you have rights under Federal law. Under the Helping Families...

What kind of lawyer do i need.

This sounds like malicious prosecution. However, you will have to hire a criminal attorney and get acquitted in Philadelphia, PA. If you are aquitted (found innocent or the charges are dropped), you may be able to sustain your claim. Under PA law, in order to sustain a cause of action for malicious prosecution relating to a criminal prosecution, the plaintiff must prove that the defendant (1) instituted proceedings against the plaintiff, (2) without probable cause, (3) with malice, and (...

Warranty Claim do I need a lawyer?

The answer is in the warranty. A warranty is a contract. Your rights and remedies are usually listed under the warranty. If the warranty does not state the course of action necessary in case of a breach then State and Federal laws may apply. Short of hiring a lawyer to proceed with a demand letter and then litigation, you may file a complaint with the Attorney General and Federal Trade Commission to pressure the warrantor. Before proceeding futher, I suggest you consider the cost and time...

A business shut down and my atm is inside, what kind of court order do I need to get my ATM out of there?

First contact the owner of the premises and attempt to gain access to your equipment. If you did not file a UCC1 on the ATM, the owner/landlord may attempt to extend its landlord lein to your property and you will have to proceed through the court system.

How do I protect my business ideas when I solicit a business idea to other businesses to gain potential business.

Although you may use a short form confidentiality agreement before making the pitch, it may be difficult to get a club owner to sign off. Additionally, it is hard to gain proprietary rights on ideas.

How do I claim my stepdaughter?

If you are no longer married to her father, you may not petition for her; the only exception would be if you had adopted her before her 18th birthday. There are other options such as student visas or labor certification but you provide too little information to discuss this further.