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Sebastian Jaramillo

Sebastian Jaramillo’s Answers

121 total


  • How to ask for Sanctions in foreclosure

    In the motion to dismiss because plaintiff is not the owner and holder of a mortgage and note, how do I ask for sanctions against Plaintiff/Plaintiff's counsel in the motion - is there a form or a paragraph to take the language from?

    Sebastian’s Answer

    Normally you would not ask for sanctions in this type of setting but rather for Attorney's fees and expenses. Since you appear to be representing yourself you would not be entitled to attorney's fees but only to costs and expenses. There is no specific language to ask for costs and expenses, but I usually ask for them in the WHEREFORE paragraph.

    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 visit our website for more information. http://www.miamidebtlaw.com. We have offices in Miami, Homestead, and Orlando and we represent clients across the State of Florida.

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  • I was approve for a home motification and now they are saying i am pass due the differance of the amonth .and i am being reportn

    PERMANT MOTIFICATION. do the bank have the right to report me to the credit beaura for late payment for the remaning mofication amont that they deffered. I have paid my mortgage on time for 12 years and now i find out that they are reporting me la...

    Sebastian’s Answer

    This is the normal practice when you are approved for a trial period. Normally the bank should warn you of this when they put you on the trial period. There is nothing you can do. If you do get approved for a permanent modification then you can ask the bank to remove the negative reports.

    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 visit our website for more information. http://www.miamidebtlaw.com. We have offices in Miami, Homestead, and Orlando and we represent clients across the State of Florida.

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  • What happens if/after I fill out an 1009 form?

    The 1009 form is being requested from me for a Relocation Assistance Agreement. How will this affect me and my taxes?

    Sebastian’s Answer

    I cannot answer this question without additional information. Is this an IRS or Fannie Mae Form? You should contact an attorney before signing any legal document.

    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 visit our website for more information. http://www.miamidebtlaw.com. We have offices in Miami, Homestead, and Orlando and we represent clients across the State of Florida.

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  • Who is responsible for the mortgage if the HOA forecloses for past due fees

    my mortgage is paid up to date but HOA is foreclosing for $6000 past due. If they foreclose who is responsible for the mortgage (I only have a first mortgage) - what comes next?

    Sebastian’s Answer

    A lot of associations are pursuing this route. They do this so they can then rent the property and try to recover some of the unpaid assesments/hoa dues. You are still responsible for the mortgage even if the association forecloses on the property.

    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 visit our website for more information. http://www.miamidebtlaw.com. We have offices in Miami, Homestead, and Orlando and we represent clients across the State of Florida.

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  • If I'm going threw a Foreclosure procedure and have a tenant living in my home, does that give him the right to stay?

    I have a tenant living in my property and knows about my foreclosesure procedure I have giving a noticed to leave the property, but he says that he will not pay rent and will not leave until foreclosure is over, Is this possible.

    Sebastian’s Answer

    Your tenant does not have the right to stay. You can and should evict him. His obligation to pay you rent is independent from your obligation to pay your mortgage.

    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 visit our website for more information. http://www.miamidebtlaw.com. We have offices in Miami, Homestead, and Orlando and we represent clients across the State of Florida.

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  • What is the proper procedure to file to get legal back in florida?

    What is the proper procedure to file to get legal back in florida?

    Sebastian’s Answer

    Your question is incomplete. I am not sure if you are referring to an immigration issue or a litigation question.

    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 visit our website for more information. http://www.miamidebtlaw.com. We have offices in Miami, Homestead, and Orlando and we represent clients across the State of Florida.

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  • Should I focus on evict him first or on filing the charge on the worthless check first?

    I have a tenant who wrote me a bad check on security deposit and 1st month rent. After receiving my 3-day notice, he worte me another bad check. Should I focus on getting him out (i.e. eviction) first or focusing getting him arrested first (i.e....

    Sebastian’s Answer

    I would focus on both, however it is more likely that the eviction process will be concluded sooner than the criminal investigation. Most State Attorney's Offices across the state decline to pursue worthless check writers. Yes you can and should proceed with both.

    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 visit our website for more information. http://www.miamidebtlaw.com. We have offices in Miami, Homestead, and Orlando and we represent clients across the State of Florida.

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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?

    We were told that we can't sue if there is a bank mortgage. Can we file without an attorney.

    Sebastian’s Answer

    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 visit our website for more information. http://www.miamidebtlaw.com. We have offices in Miami, Homestead, and Orlando and we represent clients across the State of Florida.

    See question 
  • How long does a person have to vacate the property that is being foreclosed on when they have received a "sell by date" from the

    How much time do I have to vacate my property from the "sell by date" issued by the lender?

    Sebastian’s Answer

    Margery is right. Banks have taking the policy that they warn homeowners that the property has a sale date when in fact it does not. However if the court has issued a Notice of Sale and the property has sold, then the buyer of the property will receive title in 10 days, unless an objection is filed. After they receive title they will file for a Writ of Possession, and then depending on your jurisdiction the Sheriff will evict you as soon as 24 hours after posting the 24 hour notice.

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  • Secruity deposit and new owner/landlord

    we recently had a change to a new landlord for the home we are renting. Our new landlord is saying that he never received the secruity deposit from the previous owner/landlord. Our lease is with the previous owner,, but we have been paying rent to...

    Sebastian’s Answer

    When the new owner purchased the property he bought it subject to your tenancy. You should be able to get your deposit back when your tenancy ends. This is an issue that the new owner should resolve with the old owner. If the new owner fails to return the security deposit when your tenancy ends then you can sue him in small courts.

    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 visit our website for more information. http://www.miamidebtlaw.com. We have offices in Miami, Homestead, and Orlando and we represent clients across the State of Florida.

    See question