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Sergio Cabanas
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Sergio Cabanas’s Answers

342 total


  • Being sued by a collection agency but hiring a lawyer for chapter 7. advice?

    hello. i'm currently being sued by a collection agency for around $3000. i'm about $25,000 in debt and looking into filing chapter 7. i have a pretrial mediation coming up and i don't know what to do about that since i am going to be filing for ch...

    Sergio’s Answer

    I'm sure you can see the commonality in all of our responses is to consult an attorney first. He or she can perform a complete evalutation of your financial situation and help develop your legal strategy. Our firm, like several others, would not charge for such an initial consultation, which would help address all of your legal concerns.

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  • If I'm not in foreclosure why is a lawyer collecting my mortgage payments.

    I currently have a lawsuit pending against my mortgage company. I have been in contact with their lawyer who is handling the case. We have even had a conference with the judge. When I called today to make my payment they gave me a totally differ...

    Sergio’s Answer

    It's difficult to know for sure without reviewing your case. This is not a trivial matter. You should consult an attorney who can review your case file to give you a proper response.

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  • When the judge reserves ruling at a forclosure trial is that a good sign for the home owner that they could still win the case

    judge reserved ruling at forclosure trial this week and ordered both parties to provide the court with their final judgement what does that mean

    Sergio’s Answer

    • Selected as best answer

    Of course, it remains to be seen how the judge ultimately rules before we start the party plans, but I absolutely believe it is a good sign for the homeonwer in this day and age of the pro-bank /ant--homeowner sentiment that is so prevalent in our court system in Florida (in my humble opinion). Usually the court finds for the bank, leaving you to appeal. I hope things work out for you, but if they don't, it appears you may have an issue that could prevail on appeal. Good luck!

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  • In the state of Florida, can a debt buyer who is suing you put a lien on your homestead that is still mortgaged and joint?

    If you have a debt buyer that has a filed a motion for summary judgment and the judge agrees without a hearing, and all you really have is your house that you co signed mortgage with spouse and you still owe over 65000 on it, can they still put a ...

    Sergio’s Answer

    Florida has some of the strongest protections against creditors, which are available to you without bankruptcy, but you should consult with an attorney who does "debt defense". I am one of many attorneys that practice this type of law (as well as bankruptcy) who can help review the specifics of your case as well as your fianancial circumstances to provide you with the best nonbankruptcy options.

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  • 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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