Martin Pablo Blaya’s Answers

Martin Pablo Blaya

Miami Chapter 7 Bankruptcy Attorney.

Contributor Level 8
  1. Does Objection to Sale mean that the person who foreclosed on their home wants their home back?

    Answered about 1 year ago.

    1. Martin Pablo Blaya
    2. Gary Louis Brown
    2 lawyer answers

    There are several reasons a defendant/borrower in a foreclosure will object to a sale. Sometimes, the objection is based on a valid legal argument (ie improper service of pleadings) and sometimes the objection is filed, albeit frivolously, solely for the purposes of delay so that the defendant/borrower can remain in the property as long as possible. It is safe to assume that in the majority of cases, the defendant/borrower wants his/her home back; the question is, can they validly object to...

    1 lawyer agreed with this answer

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  2. The property I rent was just auctioned off due to foreclosure. Does my lease survive the ownership changes?

    Answered almost 2 years ago.

    1. Martin Pablo Blaya
    2. Jed R Prest
    2 lawyer answers

    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. I suggest you read the bulletin I have attached for you.

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  3. In florida what is the law that allows a homesteaded property to be exempt in bankruptcy?

    Answered over 4 years ago.

    1. Sherri Lynn Johnson
    2. Martin Pablo Blaya
    3. Mark Hankins
    3 lawyer answers

    Be careful, though, because it covers one hundred sixty acres outside a municipality or one-half acre if located within a municipality. If you want the specific language of the section of the Florida Constitution which provides for the homestead exemption, I have attached it below. I have also attached the link to the Florida Senate's web page. Article X, SECTION 4. Homestead; exemptions.-- (a) There shall be exempt from forced sale under process of any court, and no judgment, decree...

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

    Answered about 1 year ago.

    1. Natalie F Guerra-Valdes
    2. Martin Pablo Blaya
    2 lawyer answers

    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.

    1 lawyer agreed with this answer

  5. My boyfriend has a house that he hasn't paid the mortgage on in over a year. It is not in full foreclosure yet but he

    Answered almost 2 years ago.

    1. Martin Pablo Blaya
    2. W Chase Carpenter
    2 lawyer answers

    The first thing you should do is determine if the property is in foreclosure. Tampa is in Hillsborough County, so you need to contact the Hillsborough County Clerk of Courts and determine whether a foreclosure case has been filed against your boyfriend for the subject property. However, even if a case has been filed, your boyfriend continues to be the owner of that property, and can continue to live there until the foreclosure case is finished, the property is sold at the foreclosure auction...

    1 lawyer agreed with this answer

  6. In a chapter 7 bankrupcty, do I need a caption page before every single form? How about each schedule?

    Answered over 4 years ago.

    1. Martin Pablo Blaya
    2. Peter Alan Behrmann
    2 lawyer answers

    You do not need a caption page before every form/schedule. That being said, I agree with Mr. Behrmann in that you should consult an attorney prior to filing bankruptcy if you are unsure of these types of issues. This answer is provided for informational purposes only and does not create an attorney-client relationship. A more detailed explanation can be provided if you contact our offices directly.

    1 person marked this answer as helpful

  7. What does the description of 11 U.S.C. Stat. 522(b)(3) ?

    Answered about 4 years ago.

    1. Martin Pablo Blaya
    2. Andrew Daniel Myers
    2 lawyer answers

    This provision of the U.S. Bankruptcy Code provides the exemptions that can potentially protect your assets against being taken and liquidated for the benefit of creditors in a bankruptcy. Florida has opted out of the Federal exemptions so only the state's exemptions apply. You might want to look at Florida Statutes, Chapter 222: http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0222/0222ContentsIndex.html This answer is provided for informational...

  8. I am in tyrial modification 8 month, now i file for bk 7 is ok or i did bad

    Answered over 4 years ago.

    1. Martin Pablo Blaya
    1 lawyer answer

    It all depends on what you want to do with the property. If you are surrendering the property, there should be no problem. If you want to keep the property, and the property is completely exempt (or is underwater), and you have remained current on your payments pursuant to the loan modification, you should also not have any problems. However, if you want to keep the property, it might not be a bad idea for you (or your attorney if you have one) to contact the lender and advise that you have...

  9. Debt collector filed a Amended Complaint after time passed

    Answered over 4 years ago.

    1. Martin Pablo Blaya
    1 lawyer answer

    You have the right to file a "Motion to Dismiss" and if you wanted to, you could take it one step further and request sanctions by titling it "Motion to Dismiss and for Sanctions". In said Motion, you can basically explain what you have written above, however it is rare that the Court will dismiss the case for a first time violation. The Court may impose sanctions on the debt collector for failing to meet the Court's timeline. This answer is provided for informational purposes only and...

  10. I am working with the bank on a loan modification since noveber 09 ritht after we went bankrupt but they served us foreclosure

    Answered over 4 years ago.

    1. Martin Pablo Blaya
    1 lawyer answer

    Your question is missing some crucial details; however, if you are currently in the bankruptcy process and the bank has not been granted relief from the automatic stay by the court, they are in violation of the automatic stay and might be subject to sanctions. When you commence a bankruptcy, all creditors must cease collection actions, including foreclosure. Additionally, if you are in the midst of loan modification discussions with the bank, the bank should not be pursuing foreclosure. I...