Sergio Cabanas’s Answers

Sergio Cabanas

Hollywood Bankruptcy Attorney.

Contributor Level 12
  1. What is the standard rent for a home in short sale before foreclosesure?

    Answered over 1 year ago.

    1. Shawn Michael Yesner
    2. Jeffrey B. Lampert
    3. Sergio Cabanas
    4. Celia R Reed
    4 lawyer answers

    As you can see, this matter is somewhat complicated. There may be circumstances that require you to pay the rent to the HOA. You should meet with an attorney in your area who can guide you through this maze, and you may find that the advise will more than pay for a small consultation fee.

    3 lawyers agreed with this answer

  2. Is it safe to purchase a home that someone won in a public HOA auction. At closing she gives you the title. Really nervous..

    Answered over 1 year ago.

    1. Andrew Michael Bonderud
    2. Robert Jason De Groot
    3. Sergio Cabanas
    4. James Wade Schwitalla
    5. Thomas Louis Abrams
    5 lawyer answers

    I agree that you shoudl conduct a full title search, otherwise you risk losing the property to another lien that had a superior interest. In order to do this research correctly, you shoudl consider retaining an attorney. An ounce of prevention is better than a pound of cure.

    3 lawyers agreed with this answer

  3. Phantom Debt Collectors posing as Federal agents.

    Answered over 1 year ago.

    1. Sergio Cabanas
    2. Jeffrey Scott Hyslip
    3. Jennifer M Spiegel Colson
    3 lawyer answers

    Assuming it's a consumer debt, there are many federal and state laws that protect you from harassment from creditors. We would need more infromation to make a full evaluation as to whether you have a strong case. You should consider consulting an attorney that practices consumer protection laws in your area.

    3 lawyers agreed with this answer

  4. Who gets the rent and the keys?

    Answered over 1 year ago.

    1. Andrew March Lyons
    2. Rex Edward Russo
    3. Sergio Cabanas
    4. Omaida Delgado
    5. Carol Lynne Zimmerly
    5 lawyer answers

    The HOA may want to continue renting the property to you, so you may not have to leave. They should be contacting you soon, but I agree you should monitor the underlying case to see if the Certificate of Title transfers to the new owner, at which time the former owner will lose rights to the property.

    3 lawyers agreed with this answer

  5. Debt collection case: Asset acceptance has contacted me 5 times after 9pm and before 8am in violation of the FCCPA

    Answered over 1 year ago.

    1. Sergio Cabanas
    2. Eugene P. Castagliuolo
    3. Jennifer M Spiegel Colson
    4. Matthew Scott Berkus
    4 lawyer answers

    An attorney should review your case for additional information as certain exceptions may apply, such as if you gave the debt collector permission/instructions to call you during those times. We can evaluate your case for free. Overall it appears you have a case and, if so, we can recover attorney's fees from the debt collector (so you wouldn't have to pay our fees). Good luck.

    3 lawyers agreed with this answer

  6. We are signing final Deed if Lieu papers. My name is the only one on the deed, but my husband AND my name are on the mortgage.

    Answered almost 2 years ago.

    1. Sergio Cabanas
    2. Jeffrey Alan Klein
    3. Michael T Millar
    3 lawyer answers

    You should consult an atty in New York who can give you the specifics of how their laws would apply in your situation. As a genenral rule, only those persons who signed the NOTE (not mortgage), would have any potential liability (regardless if you're on the mortgage).

    3 lawyers agreed with this answer

  7. I have recently received an Interrogatories in the mail from attorneys concerning default student loan, is this legal?

    Answered almost 2 years ago.

    1. Will Murphy
    2. Sergio Cabanas
    3. Frederick E. Walker
    4. Christian Robert Panagakos
    5. Michael Avanesian
    5 lawyer answers

    In Florida, your spouse is not liable for your debt, unless your spouse agreed to incur the debt..

    3 lawyers agreed with this answer

  8. Can I sell my house ,a credit card company filed a lawsuit but no judgement has been made this was done last month

    Answered almost 2 years ago.

    1. Joseph Lenti II
    2. Carl H Starrett II
    3. Sergio Cabanas
    4. Michael Avanesian
    4 lawyer answers

    Florida is one of the few states that allow unlimited homestead protection from creditors, and this protection extends to proceeds from the sale, as long as it's used towards the purchase of another heomstead, but one mistake (such as commingling with other funds) can result in the loss of this valuable protection. I agree with Mr. Lenti's execellent advise - depending on yrou circumstances, you should consult an attorney about considering bankruptcy.

    3 lawyers agreed with this answer

  9. RE: foreclosure. If nothing is done after motion of dismissal then the SOL runs out, what can I do to stop it and keep.it gone.

    Answered about 2 years ago.

    1. Margery Ellen Golant
    2. Robert Jason De Groot
    3. Sergio Cabanas
    4. Keith Adam Halpern
    4 lawyer answers

    Correct. The statute of limitations does not run while there's a pending foreclosure (or bankurptcy).

    3 lawyers agreed with this answer

  10. My original note does not have any endorsement or signature on it with my mortgage.

    Answered about 2 years ago.

    1. Margery Ellen Golant
    2. Sergio Cabanas
    3. Keith Adam Halpern
    3 lawyer answers

    I interpret your question as simply asking as follows: Are there any possible defenses where your copies of the note and mortgage do not contain any endorsement, but the copies filed with the court do have endorsements. My answer: Not necessarily. The original lender at your closing may have transferred the right to forclose to another lender through an endorsement. However, this does not necessarily mean that the transfer was done correctly. It does take an attorney who is experienced and...

    3 lawyers agreed with this answer

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