Sergio Cabanas’s Answers

Sergio Cabanas

Hollywood Bankruptcy Attorney.

Contributor Level 12
  1. Is it common to be sued by a bank because you have a judgement against someone they are trying to foreclose on?

    Answered almost 2 years ago.

    1. Sergio Cabanas
    2. Manuel Alzamora Juarez
    2 lawyer answers

    It appears you obtained a valid judgment against your former tenant that may operate as a lien on their property. If that's the case, the bank will join you as a defendant to extinguish your rights against the property as part of their procedure, so they can foreclose and obtain a clear title (which allows them to re-sell it).

    5 lawyers agreed with this answer

  2. Can I sue a landlord in any county' court or in a specific court?

    Answered over 2 years ago.

    1. Sergio Cabanas
    2. Royce Brent Bishop
    3. Carol Lynne Zimmerly
    3 lawyer answers

    Depending on the amount, you can sue for return of security deposit in county court. You can also recovere attorney's fees. I would consult an attorney to consider taking the case for you.

    5 lawyers agreed with this answer

  3. In FL, What options I have after my motion to dismiss the foreclosure complaint is denied after arguing only 1 out of 6 points?

    Answered over 1 year ago.

    1. Sergio Cabanas
    2. Jeffrey Alan Klein
    3. Margery Ellen Golant
    3 lawyer answers

    You can file a Motion for Rehearing or Reconsideration, to have the judge hear your motion again. However, it's already apparent that you may be better off with retaining an attorney who is knowedgeable in foreclosure defense. Unfortunately, there are some judges who pay more attention to attorneys than pro se individuals. Regardless of our opinion (as to whether this is right or wrong), the bottom line is that you may be better off hiring experienced, compentent counsel.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can I be sued again if case was dropped by the debt collector originally and its now outside FL Statute of Limitations ?

    Answered 7 months ago.

    1. Barbara Billiot Stage
    2. John Christopher Crowder
    3. Jonathan Stone
    4. Michael T Warshaw
    5. Sergio Cabanas
    6. ···
    8 lawyer answers

    I would need more information to finalize a legal opinion. Based upon the wording of your question, it appears that you may be beyond the statute of limitations, but there's such thing as "tolling" which basically means that the clock may have stopped running (for Statute of Limitations purposes) if there's an active lawsuit. From a practical standpoint, I would stop speaking with the creditor at all (of course, not make any payments as suggested by other responses), and wait to see they take...

    4 lawyers agreed with this answer

  5. I want to leave MY house to my kids and bypass my husband completely after my death. What do I need to do now to do that?

    Answered 10 months ago.

    1. Gregory Herman-Giddens
    2. Pamela Thea Higer Polani
    3. Lawrence Jay Davis
    4. Anastatia Quirk Ellis
    5. Sergio Cabanas
    5 lawyer answers

    I think there are several ways to achieve this purpose, and the easiet, most cost-effective way is with your husband's cooperation. You should consult with an attorney in your area to decide the best course of action. There's only so much we can do in an simple Q-A online format. I would need more information to find the best way of accomplshing your goals.

    4 lawyers agreed with this answer

  6. If there is a cleaning addendum to the rental agreement stating it is understood professional house cleaning charges

    Answered over 2 years ago.

    1. Sergio Cabanas
    1 lawyer answer

    Legally, the LL can only deduct items beyond "normal wear and tear" from a security deposit. However, the parties can make a special agreement, preferably in writing, as to other terms and conditions, such as for allowing a fixed cost for cleaning. The only caveat is a statute that allows a judge wide discretion on whether to enforce lease (or a provision within a lease) when it's "unconscionable" in the judge's opinion. So, assuming it's not anything too crazy, it'll be enforceable.

    4 lawyers agreed with this answer

  7. How much notice is required for a month to month tenant before I can move

    Answered over 2 years ago.

    1. Sergio Cabanas
    2. Barry A. Stein
    3. Charles Roberts Wood
    4. Rixon Charles Rafter III
    4 lawyer answers

    This is a tricky area, but Florida law would probably render this arrangment to be month-to-month (assuming you paid monthly). Since it's verbal with no specifc term, it's considered to be a termination, in which case you were reuqired to provide at least 15 day's notice before the end of the month -- in writing. THe LL will have the right to rent for Feb.

    4 lawyers agreed with this answer

  8. Is there money for tenants in a short sale ?? holly hill florida

    Answered over 2 years ago.

    1. Sergio Cabanas
    1 lawyer answer

    In a short sale-type of situation, there is gneerally no money that has to be paid to the tenant. However, the new owners must take the property subject to the lease (including the security deposit and any credit for advance payment of last month's rent, etc.) and, if they want you out sooner than the expiration of the lease, you can use this point to negotiate a settlement.

    4 lawyers agreed with this answer

  9. Am I a Party of Interest in a Foreclosure?

    Answered over 1 year ago.

    1. W Chase Carpenter
    2. Sergio Cabanas
    3. Michael T Millar
    4. David B Pittman
    4 lawyer answers

    Yes, but, as my colleagues have correctly stated, it's complicated. An attorney would need to review the specifics of your case to find the right options and develop a strategy with you, depending on your objectives. So, although you may interevene, the question becomes on how to best intervene.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can my landlord demo a screened-in back patio rather than repair it, and still collect full rent?

    Answered over 2 years ago.

    1. Sergio Cabanas
    2. Marshall C Deason Jr.
    3. Rixon Charles Rafter III
    3 lawyer answers

    I agree we would need to see the lease and walk-through checklist that was settled before your move-in. WIthout reviewing these, there are some general guidleines and inital impressions. I think much of this analysis depends on the permits pulled on the house for construction. If the inital construction permits (or subsequent permits) and tax records show the screen room, coupled with the fact that it had strong aethestic value (as it was large and on on a lake, etc.), then a strong argument...

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