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Sergio Cabanas
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Sergio Cabanas’s Answers

342 total


  • Deficiency mtg

    Is normal that in almost 2 years since it was granted, the 2nd mtg hasn't made any attempt to collect?

    Sergio’s Answer

    I would need more information to clearly answer this question. It would appear that the house was foreclosed maybe by the first lender, but not 2nd lender has not pursued any judgment? If this is the case, the 2nd lender may choose to sue you under the promissory note, and it generally has 5 years from th default date to do so.

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  • Garnishment entered against debtor

    Judgment was entered against a debtor in the county court and garnishment as well. In the column line after the garnishment is written (release/revoke satisfied or terminated). What does this mean.

    Sergio’s Answer

    It appears that, while the creditor attempted to file a garnishment, it was terminated in some manner, such as the creditor may have revoked the attempt. Regardless of the manner in which it was terminated, the fact remains that there is a possibility of a unpaid judgement that has an aggressive creditor. In order to fully evaluate your case, you should consider consulting an attorney who can review the specifics of your case and develop a proper strategy.

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  • My husband, my mother and I owned a house we are doing a deed in lieu of, my mother has died, is her judgement lien removed now?

    she had a lien for $1,600, from a Capital One credit card we filed bankruptcy in 2009, my mother didn't. Now that she has passed will the lien remain? If so, what do we need to do to remove it so the deed in lieu of can be completed?Thank you

    Sergio’s Answer

    I agree. If the property was your mother's homestead, the lien can be removed. I'm more concerned about the potential equity in the property. If there is no equity and no one wants to keep the house, a deed-in-lieu or short sale will be possible, or consent judgement (if a foreclosure had been filed). If there's equity, consider a regular sale, in which case the title company should be able to handle this matter for you.

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  • I was sued by debt collector and need to appeal

    Court issued summary judgement for Midland funding because I was unaware this was happening

    Sergio’s Answer

    Your question suggests that you may not have even known about the lawsuit (never properly served with process), which also suggests to me that you may have grounds to "un-do" the entire judgement and case, without any appeal. I agree with the other responses that you may have correctly identified an important issue that requires sophisticated arguments, and you should consult an attorney for a full evaluation and analysis.

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  • Counterclaims to Condominium Association Foreclosure

    My condominium association filed a foreclosure suit against me. I want to file counterclaims for negligence and causation of damages exceeding the amount stated in the complaint. However, I noticed that the bylaws state that any action for damages...

    Sergio’s Answer

    I agree this is a difficult question, which is the reason you should consult an attorney who practices in this area of law. This question involves several layers of analysis. First, from a substantive legal standpoint, it is difficult to claim a right to withhold payments to a Condo Assoc as there must be a strong link between your lack of payment and their action (or lack of action) that allegedly justified your lack of payments. Alot of this analysis as to the strength of your case depends on the specific facts that can only be done with a detailed consultation. Secondly, your question involves a procedural component with the applicability of the arbitration provision, which must be carefully analyzed to develop a strategy on dealing with this provision with a counterclaim. Again, this is complex and difficult to answer in a simple Q&A forum such as this, but at least it gives you an idea of what you're dealing with. At the end of the day, it may be in your best interests to try to resolve this case through negotiations to the extent possible, instead of engaging in costly litigation with too much at risk. Good luck ... I hope everything works out for you.

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  • Do I need an attorney?

    I live in Florida and am attempting a "deed in lieu" with my mortgage co. I received a package from them last night with my name and address. Upon opening I realized they had mailed me someone else's info, complete with ss#. Now I have to assume t...

    Sergio’s Answer

    I would seriously consider having an attorney assist you with the process for two reasons. First, to help you resolve the issues and problems you are experiencing already. Secondly, to assist you with getting the most out of the tansaction as possible, such as cash and/or waiver of any deficiency, and much more. You may find the small investment (with retaining an attorney) will more than pay for itself. Of course, I wish you all the best with whatever you decide to do.

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  • Is there anyway to dispute an ambulance bill for an unwanted ride? They insisted that I go, and I didn't know I could refuse.

    I was walking to the store a car clipped me, both me and the driver were fine. A police officer called an ambulance from a distance and some obnoxious paramedics insisted that I go. I did not have health insurance at the time I was eighteen and th...

    Sergio’s Answer

    Most of us are in agreement about being responsible to pay. However, there may be other remedies to consider and I suggest yo consult with a debt defense attorney to consider other options, such as disputing the debt and/or negotiating it; defending against collections and/or bankruptcy.

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  • Once the title is transferred at a foreclosure sale, can the new title holder cut off the electricity and water at the home?

    Home is occupied by home owner that lost title. Thank You in advance but if you could possibly answer my question in two settings, it would be helpful. The first setting is the transfer of title takes place but there is not yet a writ of possessio...

    Sergio’s Answer

    This is an interesting, more difficult question for me. While it's true that there are laws protecting against the so-called "self-help eviction." I've only seen such laws in a Landlord-tenant context. In a foreclosure action, the judgement usually states that the plaintiff is entitled to immediate possession (but proper practice still requires a motion for such a writ). However, does a new buyer at a foreclosure auction have the obligation to turn on the utlities and pay for them for the benefit of the previous owner? I would have to research this question to be sure, and I welcome any comments from colleagues who already have researched this issue.

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  • Wage Garnishment?

    I received in the mail a "Subpoena Duces Tecum Without Deposition." It is directed to my credit card company. It is asking them to submit my recent credit application, bank info and contact info to Plaintiffs attorney. The judgment was ...

    Sergio’s Answer

    You may have a strong basis to eliminate (i.e., "vacate") the judgment against you, if you have never been served. Depending on the outcome of this analysis, you can develop other strategies, whether it's a settlement efforts, defending against collections and/or bankruptcy. Again, I agree with my colleagues that such a project involves sophisticated work that should be done by an attorney. Many attorneys that practice in this area, such as myself, offer a free consultation. I hope it all works out for you.

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  • My sons house was forclosed 5-6 years ago. Can I add him to my deed without danger of being responsible for his debt?

    I'm afraid they would take my house if it's in his name and his debt has never been satisfied.

    Sergio’s Answer

    If the purpose of your question stems from the fact that you would like to start making arrangements for "estate planning," to ensure your children take control/ownership of your belongings in the event you become disabled or pass away, you should consult with an "estate planning" attorney. Such attorneys often provide a free consultation. We would discuss your objectives and find legal ways to achieve them without risking the loss to possible creditors who now exist (or may exist in the future).

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