Skip to main content
Sergio Cabanas
Avvo
Pro

Sergio Cabanas’s Answers

346 total


  • I settled my mortgage with the bank, but servicer will not file satisfaction of mortgage. Now what?

    I sent a certified/notarized debt validation letter to Nationstar. They replied that US Bank was the owner of the loan and they were just a servicer. They provided contact information for US Bank, and I contacted them regarding my mortgage. I se...

    Sergio’s Answer

    Assuming the loan was fully paid off, which appears to be the case, Florid alaw requires the lender to file the SOM (Satisfaction of Mortgage), and the failure to do so can entitle you to certain rememdies. However, as my collegues have suggested, such a demand letter must satisfy the strict legal requirements in order for it to be effective, which is the reason everyone is suggesting you consult with an attorney who is knowledgeable about these laws. Good luck. I hope you are able to resolve this soon.

    See question 
  • How much time do I legal have to move after the sale of foreclosure date in Broward County, Florida?

    I am the owner and this is my primary residence.

    Sergio’s Answer

    After the 10-day periodfor objections following the foreclosure sale, the buyer will undertake perocedures for obtaining a writ of possession. It all depends on the buyer's diligence. Some new buyers will contact you right away and/or otherwises file for a writ of possession, while other banks sit on the case.

    See question 
  • Who is the legal owner?

    Grantor - single at the time, signed and recorded an Enhanced Life Estate Deed naming son as remainderman, reserving a life estate along with full powers to the grantor - the power to sell, convey, mortgage, etc. without remainderman't consent - ...

    Sergio’s Answer

    Based upon the wording of the question, which states that the Grantor retained "full powers to sell, convey...", it would appear that he exercised that right. That is, he simply invoked his right to convey the title to himself and his new wife. This would supercede the prior deed that named you as the remainderman. Of course, there's a two-prong approach an attorney should consider. First, is actually revewing the deeds to confirm the analysis. Second, we should consider extraneous circumstances such as duress or coercion.

    See question 
  • After paying the past due payments my COA's attorney has filed a lien.. They also stated I had 30 days in a letter & filed in 15

    I did not pay my COA maintenance for 3 months and in the 3rd month I submitted payment for all 3 months and late fees. I am now current on my COA monthly maintenance . I travel out of town frequently. I have now discovered a letter dated July 3 wh...

    Sergio’s Answer

    It appears from your question that you made all of the payments, including for the 3-month period that was paid late. It's possible that you paid the COA directly, and not their attorney. This may be the cause of confusion between your payments and your account being cleared thereby avoiding the foreclosure. I would need more information about your case to properly develop a defense strategy. I agree you shoouldl consult an attorney who can review all of the facts of your case and advise you accordingly.

    See question 
  • Deficiency mtg

    Is normal that in almost 2 years since it was granted, the 2nd mtg hasn't made any attempt to collect?

    Sergio’s Answer

    I would need more information to clearly answer this question. It would appear that the house was foreclosed maybe by the first lender, but not 2nd lender has not pursued any judgment? If this is the case, the 2nd lender may choose to sue you under the promissory note, and it generally has 5 years from th default date to do so.

    See question 
  • Garnishment entered against debtor

    Judgment was entered against a debtor in the county court and garnishment as well. In the column line after the garnishment is written (release/revoke satisfied or terminated). What does this mean.

    Sergio’s Answer

    It appears that, while the creditor attempted to file a garnishment, it was terminated in some manner, such as the creditor may have revoked the attempt. Regardless of the manner in which it was terminated, the fact remains that there is a possibility of a unpaid judgement that has an aggressive creditor. In order to fully evaluate your case, you should consider consulting an attorney who can review the specifics of your case and develop a proper strategy.

    See question 
  • My husband, my mother and I owned a house we are doing a deed in lieu of, my mother has died, is her judgement lien removed now?

    she had a lien for $1,600, from a Capital One credit card we filed bankruptcy in 2009, my mother didn't. Now that she has passed will the lien remain? If so, what do we need to do to remove it so the deed in lieu of can be completed?Thank you

    Sergio’s Answer

    I agree. If the property was your mother's homestead, the lien can be removed. I'm more concerned about the potential equity in the property. If there is no equity and no one wants to keep the house, a deed-in-lieu or short sale will be possible, or consent judgement (if a foreclosure had been filed). If there's equity, consider a regular sale, in which case the title company should be able to handle this matter for you.

    See question 
  • I was sued by debt collector and need to appeal

    Court issued summary judgement for Midland funding because I was unaware this was happening

    Sergio’s Answer

    Your question suggests that you may not have even known about the lawsuit (never properly served with process), which also suggests to me that you may have grounds to "un-do" the entire judgement and case, without any appeal. I agree with the other responses that you may have correctly identified an important issue that requires sophisticated arguments, and you should consult an attorney for a full evaluation and analysis.

    See question 
  • Counterclaims to Condominium Association Foreclosure

    My condominium association filed a foreclosure suit against me. I want to file counterclaims for negligence and causation of damages exceeding the amount stated in the complaint. However, I noticed that the bylaws state that any action for damages...

    Sergio’s Answer

    I agree this is a difficult question, which is the reason you should consult an attorney who practices in this area of law. This question involves several layers of analysis. First, from a substantive legal standpoint, it is difficult to claim a right to withhold payments to a Condo Assoc as there must be a strong link between your lack of payment and their action (or lack of action) that allegedly justified your lack of payments. Alot of this analysis as to the strength of your case depends on the specific facts that can only be done with a detailed consultation. Secondly, your question involves a procedural component with the applicability of the arbitration provision, which must be carefully analyzed to develop a strategy on dealing with this provision with a counterclaim. Again, this is complex and difficult to answer in a simple Q&A forum such as this, but at least it gives you an idea of what you're dealing with. At the end of the day, it may be in your best interests to try to resolve this case through negotiations to the extent possible, instead of engaging in costly litigation with too much at risk. Good luck ... I hope everything works out for you.

    See question 
  • Do I need an attorney?

    I live in Florida and am attempting a "deed in lieu" with my mortgage co. I received a package from them last night with my name and address. Upon opening I realized they had mailed me someone else's info, complete with ss#. Now I have to assume t...

    Sergio’s Answer

    I would seriously consider having an attorney assist you with the process for two reasons. First, to help you resolve the issues and problems you are experiencing already. Secondly, to assist you with getting the most out of the tansaction as possible, such as cash and/or waiver of any deficiency, and much more. You may find the small investment (with retaining an attorney) will more than pay for itself. Of course, I wish you all the best with whatever you decide to do.

    See question