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Sergio Cabanas
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Sergio Cabanas’s Answers

342 total


  • 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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  • I reside in Jacksonville fl and my wages are being garnished by cach llc. I was never served and had jo knowledge of any of this

    I looked it up I in Orange county fl and it Appears to be an old credit card debt but ive never heen served

    Sergio’s Answer

    I agree that we must obtain copies of the court record as soon as possible, before they are destoyed. I would meet with an attorney who practices "debt defense" in your area who can review these copies to see if you have grounds to vacate (eliminate) the judgement. Even if you have no basis for vacating the judgment, you may have rights to assert an exemption to keep your wages from being garnished, or your attorney may consider bankruptcy to eliminate the debt (and all other debts you may have) forever. I hope eveything works out for you!

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  • A debt collector ( not the bank) is collecting money from us due to a foreclosed property in Lakeland Florida.

    Our primary residence in Fl has been foreclosed since 2011/2012. (we walked away and now living in California). We received a letter from our lender that our property has been sold. And now, we've been receiving calls and letters from collecting ...

    Sergio’s Answer

    Unfortunately, this case straddles two jurisdictions. First the debt buyer has to establish their right to a deficiency judgment, which can be contested depending on the facts of this case. Otherwise, you can review your bankruptcy options in California with an attorney there. You should review the pros and cons of each alternative, including the attorney's fees. Keep in mind that while there is a possibility of a lawsuit, it has not been filed.

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  • I am in default on a loan. The bank will not stop calling me, and my relatives (who have nothing to do about it).

    I wrote to them asking them not to call, and told them over the phone to put me on a do not call list. They continue to call and said they have the right to call. What is my recourse?

    Sergio’s Answer

    I agree. This creditor may be violating several state and federal laws for which they can be sued. Your case seems very clear, but you'll need to provide some proof that you informed this creditor to stop calling (you and/or your relatives) and proof that they subsequently called despite your instructions. You should find an attorney in your area that handles such "collection harassment" cases, such as FDCPA violations. They will often provide you with a free consultation to evaluate your case. Good luck!

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  • Wife's name on note,both names on mortgage , foreclosing on the house I want to keep it can you help?

    How can I stop foreclosure and stay in my house, if they've already set a pre trial date for 13 of June , is there anyway I can stop them from taking my house! Thank you!

    Sergio’s Answer

    Although you're running out of time, you still have some time left to avoid losing your home, but it depends on whether you finally take the appropriate action. Your solution may fall into one of two areas -- (1) foreclosure defense: Whereby an knowledgeable, experienced foreclosure defense attorney reviews and finds possible defenses against the bank's right to foreclose; and/or (2) applying for a loan modification that may help you resolve the entire foreclosure action. However, again, it depends on you taking action immediately and finding an attorney who can provde both services. Good luck!

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  • My HOA sent me a demand letter requesting payment of the expenses to enforce the compliance. (certified letter sent by attorney)

    On 03/25/14, I received a letter, the association said that I was on violation of the covenants and restrictions and they needed me to do 3 things. The deadline to comply was 04/15/2014, on 04/17/14 I sent an email to the HOA manager indicating th...

    Sergio’s Answer

    I agree with the other responses provided, and suggest that the beginning point of this analysis would be the actual amount in controversy. Your email is not clear as to when you were in compliance. There's only mention of when you sent the email informing the HOA of your compliance -- which was after the deadline. It is still their position that you still have not fully complied. Again, look at the amount(s) and, if small, it may be well worth to pay it to avoid problems in the future, such as additional fees and costs in addition to risks of litigation, and further waste of your time. Good luck!

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  • What forms must I submit to Broward courts to show that I am a tenant in a foreclosure property, and begin being protected under

    My 4plex was foreclosed, and is said to have been bought by a new owner just 2 days ago. He is asking all tenants to leave in 15 days. The Broward property appraisers website does not show any current sales, and still lists the bank as the owner. ...

    Sergio’s Answer

    I agree with the filing of notice with the court. However, you should consider consulting an attorney to help you draft the proper motion(s). Broward County judges are not usually inclined to enforece PTFA unless it's presented correctly.

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