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Sergio Cabanas
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Sergio Cabanas’s Answers

338 total


  • How to collect Michigan judgment against Florida property?

    I have a Michigan money judgment against a man and wife, jointly and severally, for 41K. How do I go about collecting? Can I collect against their house in Florida?

    Sergio’s Answer

    i agree that the first step is to consult a local attorney who can help you with this process. You will need to "domesticate" the judgment to make it enforceable in Florida. While it's true that Florida has "homestead" protection which keep syou from imposing a lien on their home, there are exceptions. Even if there is homestead protection, there are other remedies that may be available to you.

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  • Why is there is a second order of/for trial? There is a Non Jury Trial set for Monday 2/23/2015? Foreclosure Voluisa County ,Fl

    On the docket page there is a second order of/for trial 02/12/2015 47 ORDER OF/FOR TRIAL 01/29/2015 46 HEARING SHEET 11/24/2014 45 RESPONSE BY/FOR DEFENDANT Comments: 10/29/2014 44 MAIL RETURNED FROM Comments...

    Sergio’s Answer

    I wouldhave liked to see the entire docket to be sure; however, it does appear that the trial court may have issued an additional trial order, which does happen occasionally. But I want to address your biggest worry, which is to have the bank take the property as soon as possible. This can be achieved by negotiating a Deed-in-lieu or Consent Judgment. Sometimes the lender will actually pay you a "cash-for-keys". You should consult an experiecned attorney who can negotiate on your behalf. The investment (in attorney's fees) may more than pay for itself.

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  • How to stop a sales date?

    My case is in the district court and is there anyway to stop the sales date besides bankruptcy, as I would not like my house to be sold out from under me during the appeal.

    Sergio’s Answer

    Your question mentions that your case is in the "district court" which is a federal court, although you later wrote it was on "appeal" (which is an appellate court). To lawyers, such a distinction is very important. Regardless of this need for clarification, the fact remains that your case is in a compromised situation, which requires very sophisticqated lawyering that goes way beyond the scope of this simple question-and-answer forum. You should see an experienced foreclosure defense and bankruptcy attorney asap!

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  • I have been summoned for depositions by a debt collector. What are my rights?

    I contacted the attorneys office on the bottom of the summons and spoke with a gentleman about settling this debt. I offered a lump sum of what I could come up with and he told me he would submit my offer and speak with me the next day. When we sp...

    Sergio’s Answer

    I agree with the responses here, and I would also emphasize that this agressive creditor cannot be ignored, and you should consult with an attorney who can review your financial situation and develop the right strategy.

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  • Can I have the mortgage lien removed from my Florida property if it is an unenforceable lien?

    When I refinanced my homesteaded residence, the lender listed me as a single woman on the mortgage, even though I told them I was married, and the deed reflects that I am a married woman. (My spouse does not live with me and is not on the deed.) ...

    Sergio’s Answer

    I'm not so sure that the lien is not enforceable simply because of the fact it does not correctly state you were a married woman versus a single woman. It may be unenforceable for other reasons, however. I appreciate the fact that you might consider this case to be simple, but it is not from a legal standpoint. I agree you need to consult an attorney who can obtain much needed additional information in order to proie you with a full opinion.

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  • Can same attorney handle bankruptcy and divorce? I have just started receiving SSDI and my husband (17 yrs) asked for divorce.

    I have approx $10k+/- in medical bills and credit card debt. I am 53 and husband is 56. I have completely used my IRA as I haven't work in 4 years ( and husband refused to make my car payment or pay my medical bills not covered by insurance). He n...

    Sergio’s Answer

    First, I'm sorry to hear about your predicament, but congratulate you on taking the important first steps in resolving these issues by seeking expert advise. Yes, I agree you should consult with a family/divorce attorney.

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  • I purchased a foreclosure. There is a small claims lien on the property from previous owner. How do I get this removed.

    I contacted the creditor (credit card). They won't speak to me because it is not my debt.

    Sergio’s Answer

    I generally agree with the responses here. I especially agree that the first step however is to consult with an attorney who can examine the title to see if it's anything to be concerned about. You may not have anything to worry about. If there is a problem the attorney can advise you as to the next steps (such as to attempt settlement and/or action to quiet title, etc.) It's worth a small investment for an attorney to assist you, which can save you much more money, time and anguish.

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  • I have checking & savings acct. at bank my daughter is beneficiary, can funds in acct. be frozen.

    no debts if any my be 25 years old

    Sergio’s Answer

    I agree that the funds can be "frozen and takne" (i.e., garnished), unless it can be shown to be a special tyoe of account, such as a protected college savings plan. I strongly urge you to meet with an attorney who is experienced in the defense of these debts to help you with this important decision. The small investment in a consultation will more than pay for itself to avoid losing much more.

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  • Creditor from another state

    I have a business loan (with personal guarantee) with a creditor from California, which I will not be able to pay. The venue is California. My question is how would the creditor collect from me here in Florida if they get a judgement in Calif...

    Sergio’s Answer

    I agree with the other responses in that there's "goods news and bad news" with your case. The bad news is that the creditor can "domesticate" your California judgment to enforce collections here in Florida. The good news is that Florida has some of the best protections against collections in the country. However, all of these powerful protections are lost if not asserted on a timely basis. You should consult with an attorney who is experienced with debt defenses.

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  • Is a third party collector more apt to settle after they have filed judgment and found you had nothing?I am on 100% ssdi

    recently I was taken to small claims court for 1600 - the atty offerd a settemnt of 900 which I declined - only thing my name is on is as a co signer ona florida hiomestead - a final judgment was entered & after about 2 wks, I contacted the litig...

    Sergio’s Answer

    The so-called "third-party collectors" may have purchased these cases on a contingency basis or may have bought them on a percentage of the debt. Either way, they may be more likely to settle but regardless of how they were acquired, you're still faced with ugly scenario of collections. I agree that you may be entitled to legal protections (exemptions), for which I would recommend you consult with an attorney. If these exemptions are properly asserted, the lender will be more apt to settle. or abandon the case altogether.

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