Skip to main content
Omar Javier Arcia
Avvo
Pro

Omar Arcia’s Answers

4 total

  • Foreclosure sale

    As of june 3rd 2015 the house i live in was sold at auction. There are 4 of us living here my sister me my nephew my sister's husband will we all have to be evicted o? My sister and myself are appealing the sale right now as for the law we have 10...

    Omar’s Answer

    The only way that you will be able to stay in the home for any extended period of time is to establish that you have a lease. If the term is month to month then most likely you will only be allowed to stay 30 days before issuance of the writ of possession. If it's a one year lease the. You will be given at least 90 days. Either way you should attend the writ of possession hearing and explain your unique circumstances to the judge. Ask for at least 120 days. Good luck

    See question 
  • Real Estate Lawyer

    What is the statue of limitations of time when a bank can foreclose on you?

    Omar’s Answer

    Great question. In Florida the statute of limitations on a foreclosure action is five years from the date of default. However recent cases have indicated that the bank can "reset" the limitations period by sending a new letter of default for a different period of non payment. Therefore you need to meet with an attorney to review the facts of your individual case.

    See question 
  • Is it illegal to state that your income is more that you actually make on a. mortgage application.

    none

    Omar’s Answer

    Absolutely. If you sign a 1003 form in connection with the loan application that contains knowingly wrongful info it is also a third degree felony.

    See question 
  • What to do if my ex-wife forged my name and signature on a countrywide mortgage and now the property is in foreclosure.

    I am disputing a mortgage assignment in my name dated 4/6/2013 and a mortgage dated 2005. I was divorced from my ex-wife in 2007. Per the court order, Mary was to retain her property as well as I retain my own. My name and signature appears on ...

    Omar’s Answer

    I've had several foreclosure cases dismissed based upon the fact that a spouse did not sign or had a forged signature on the mortgage. This is of critical importance especially if it was your homestead property at the time oft he loan. Hire a qualified attorney on this one. This is a complex legal issue

    See question