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Martin Pablo Blaya

Martin Blaya’s Answers

39 total

  • What can we do about a Deed in Lieu that was canceled after we moved out of our home.

    We received all the paperwork, had them signed and returned. They called us and said that it was approved and wanted a move out date. We gave them a move out date and told them that we would have to move to another state as we didn't have anywhere...

    Martin’s Answer

    You should seek advice of local counsel where the property is located. However, in Florida, a person in your situation would remain the owner of the property and thus be responsible for the mortgage payments, taxes, insurance, etc. The bank would have the option to commence collections and/or foreclosure if you default on the payments or in maintaining insurance. I would suggest you contact the bank and attempt to negotiate the deed in lieu again.

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  • Home owner issued a Hearing for Writ of Possession, how long do i actually have to leave the premises after granted to Purchaser

    Hearing is on Sep 5th, what is the process? and how long do i have after the Hearing date?

    Martin’s Answer

    You should seek the advice of local counsel. That being said, in Florida, you (or your attorney) can and should appear at the hearing for writ of possession to request any extra time (if needed) from the judge. The judge normally will grant the motion and and issue a writ of possession, at which point the new owner can have the sheriff deliver possession of the property to the new owner.

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  • PLEASE HELP! I just lost my home to foreclosure and need to know if I'm going to be forced out. Thanks in advance! -Charlie

    Hello there, I got a 50% reduction in pay a couple years ago and it forced me to file for BK and give up my home. It was just sold in auction 13 days ago and the sale was made final 3 days ago (I'm in NC and they have a 10 day waiting period). ...

    Martin’s Answer

    They may not have to go through the eviction process. In Florida, the buyer/new owner would have to file a Third Party Motion for Writ of Possession, usually set it for hearing and get an Order and Writ of Possession which would then entitle them to possession of the property.

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  • I am renting a home. The court recorded a final judgment of foreclosure.

    I went to the court hearing to ask what my rights were. The judge said there were no rights even with my lease but asked the bank if they could give me 60 days to find a place before the sale the bank said they would give me a120 days. What rights...

    Martin’s Answer

    You should be protected under the Protecting Tenants at Foreclosure Act for a minimum of 90 days. The Act states that an immediate successor in interest to the property will assume the interest subject to the rights of any bona fide tenant and will need to comply with certain notice requirements. As far as the current owners' rights, they are and will remain the owners until the property is sold at the foreclosure sale; so legally, they still have all of the rights any property owner has.

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  • In the state of Delaware, does a landlord have to disclose pending foreclosure?

    I've recently been notified that my rental is up for auction. The owner knew of the pending foreclosure but did not reveal risk of losing property when the lease was signed. Can I sue for fraud to recover moving cost if I am required to vacate pre...

    Martin’s Answer

    You may be protected under the Protecting Tenants at Foreclosure Act for a minimum of 90 days. The Act states that an immediate successor in interest to the property will assume the interest subject to the rights of any bona fide tenant and will need to comply with certain notice requirements.

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  • They forclosed on my property..at the advise of free consultation attorney either figh t it.. or walk away..i walked away..

    relocated to arkansas 2008.they have sent me a letter as of june 21 2013..with it is a check for 3.000 dollars HSBC my mortager entered areement,with fed bank regulators..is it safe to deposit the check in? is it legal?.is it a trap?.can send y...

    Martin’s Answer

    Several banks have entered into settlement agreements wherein they are required to pay borrowers on certain loans a pre-determined amount of money. These checks can vary in amounts from $100, $300, $1000 and up. It seems like the check you received is from one of these settlements. However, if you want to confirm the validity of the check, you can go to your local bank branch and ask them for assistance.

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  • Can wyndham foreclose if my husband did. not sign timeshare mortgage

    Wyndham allowed me to purchase a timeshare without my husband signing the mortgage. I cannot afford it anymore, and they are threatening to foreclose. Can they foreclose?

    Martin’s Answer

    The bank can foreclose on the property when the borrower is in default. If your husband did not sign any of the documents, they cannot pursue him personally, but they can foreclose on the property.

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  • I just got my first notice of my loan going to foreclosure i was in mitigation for almost two years. now the bank wants their

    money. i am working but i don't make what i used to when i got the loan. i cant pay my mortgage what do i do without paying for the rest of my life

    Martin’s Answer

    You should contact the bank's mitigation department and inquire as to what mitigation options the bank offers, including, but not limited to, loan modification, short sale and/or deed in lieu of foreclosure. Some banks, through the deed in lieu process, will provide borrowers with funds to assist with the moving process in exchange for the property being returned in broom swept condition.

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  • How do i avoid forclosure when house is not in my name?

    The bank is threatening to forclose on the home that i have been paying on since my grandmothers passing. I am currently behind about 4 months however, my grandmother didnt leave a will (she died unexpectedly) so no executor in place and the bank ...

    Martin’s Answer

    The bank will not speak to anyone other than the account holder unless it has written authorization from the account holder; in this case, since your grandmother passed, that is not possible. You should seek the advice of local counsel to guide you through the probate process and to determine who is entitled to inherit the home. Once that is determined, the new owner can proceed to communicate with the bank.

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  • USDA Deducts money SSDisability Check 2 years after I sold home short sale w/negative bal, hardship letter & thought forgiven.

    The USDA accepted my application to buy a home that I couldn't afford. After my first two payments on my home, I was already falling behind and not able to make my mortgage payments even after taking a part-time job that I knew I would not be ab...

    Martin’s Answer

    It is not clear what your question is, but I will address a few of your concerns. Although you submitted a hardship letter and report, if you did not receive confirmation from the bank that it was waiving its right to pursue you for the deficiency, then you may still be responsible for that amount. That being said, you should contact local counsel or legal aid to inquire as to whether the bank completed garnishment process correctly and whether they can in fact garnish your SSD.

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