Sebastian Jaramillo's Answers

Permanent Resident Traveling for businesses. How often can I travel?

You should not have an issue as long as you don't abandon your residence in the United States. What this basically means is if you continue to maintain a home, bank accounts, utilities, etc ... in the United States, DHS would be hard-pressed to make a finding that you have abandoned your residence. Usually it is an issue if you travel for more than six consecutive months at a time. Finally you should consider applying for citizenship and thereby avoiding this issue altogether.

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I am a permanent residence of the US since 1994 and married to a US Citizen since 2001. How do I go about becoming a US Citizen?

You have to complete the same paperwork as everyone else. With regards to dual nationality, you have to check to make sure Ireland does in fact recognize dual citizenship. The process can take anywhere from 3 - 6 months. 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.

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'Motion for summary final judgement of foreclosure and to re-establish lost loan documents'. Polk County, FL What does it mean?

You are in the final stages of the process but there is still time to defend the action. If in fact you were never personally served you may make a claim for improper service. You should hire a foreclosure defense attorney ASAP to ensure your rights in this action are protected. 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. Our firm specializes in...

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Foreclosing after Dad Passes?

If the property goes into foreclosure, the only persons responsible are those that either signed the promissory note or that issued personal guarantees to the mortgages. Therefore based on the facts you have provided, in all likelihood, the children would not be responsible for the foreclosure. If the foreclosure is filed and successful and there is a deficiency judgment against your mother, they could in theory seize her checking account. This answer is provided for informational purposes...

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I am renting from a homeowner who has been in foreclosure since november 2008,i have been paying rent except for last month.

The short answer to your question is YES you do have to pay rent now, YES you may be forced to move if the landlord successfully evicts you for nonpayment of rent, and NO you cannot sue him for all the months you have been paying while in foreclosure. Your obligation under the lease agreement is independent of his obligation to pay his mortgage.

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A non profit condo ass. facing many owners renting the apt, getting the rent but not paying the condo fees. What can we do?

I think you are inquiring to see if the association can get paid when the owner rents the unit but fails to pay the HOA fees. If so, the answer is yes, the association can collect the rent from the tenant until the dues are paid. 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. Our firm specializes in Foreclosure Defense and Bankruptcy Law. Please...

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Can i change door lock if i noticed my tenant

No this is not legal. You need to go through the court system in order to evict your tenant. You have to give him a 15 day notice (if this is a month to month tenancy) that expires before the end of the monthly period and then file a Complaint for Eviction in the county court. 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. Our firm specializes in...

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Once a foreclosure is finalized, how long to I have to remove my personal effects from the home once the sheriff serves papers?

Normally speaking the bank has to obtain what is called a Writ of Possession from the Clerk's office. This writ is served by the sheriff's office on your door and it advises you that you have 24 hours to leave the premises. Depending on the caseload of the Sheriff in your jurisdiction, the Sheriff may come days after the 24 hour notice has been posted. However, in the absence of caution, I would advise you to leave the premises within that 24 hour period. Additionally the writ of possession...

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Can children petition for us ?

Your children can petition for you but you will need to file a waiver at the U.S. Embassy. It is up to the consular officer to decide whether they will grant or deny the waiver. This decision is based on a myriad of factors.

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Does the bank have to reestablish the note prior to filing

Normally the bank will file a count for re-establishment of a lost note and in that way try to resolve the issue. If they don't do it then you have a good argument to counter the foreclosure process. With regards to the transfer of a note, banks can normally transfer a note by assignment and just stamp the last page of the note. It is a negotiable instrument and therefore can be transferred under certain conditions. You should nevertheless consult with an experienced foreclosure defense...

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