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H. Dillon Graham
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H. Graham’s Answers

60 total


  • Can Condo Assn foreclose on condo even if I still owe money to bank?

    My HOA filed a Complaint for Foreclosure and Damages for unpaid HOA fees and assessments. I still have a small mortgage (owe $16,000) on the property. In the Claim of Lien and Complaint, the HOA failed to mention the existence of the mortgage lien...

    H.’s Answer

    I think the HOA should name your mortgage company as a defendant, because if it goes all the way to a sale the first mortgage has to be paid or alternatively the new buyer will not have clear title. Maybe the HOA can proceed without addiong the first mortgagor, but i thin the better practice would be to include them in this lawsuit.

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  • My wife was in an auto accicent. No citation was issued, but the cop said he was going to write the report with her as the cause

    Is my insurance company still allowed to raise my rates? I intend to dispute the conclusions of the report because it reaches some erroneous conclusions.

    H.’s Answer

    Yes you can. The cop is not a judge. In fact in a civil case on damages the cops opinion is not admissable in evidence, because fault is for the jury to decide.

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  • What happens with condos in forclosure

    do other tenants have to pay the maintaenance and does bank or morgage co have a responsibility to the board and other owners in the condo

    H.’s Answer

    Who ever is the owner of the condo apartment is responsibe for the maintenance fee. If one owner is not paying then maintenace fees for eveyone else goes up. The bills got to get paid.
    If the bank becomes an owner then they have to pay. In foreclosure the bank get paid from sale proceeds before the condo assn for maint fees.

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  • I'm a renter in florida What do I do when the landlord was served with foreclosure papers .Rent is due, What shall I do?

    I was provided a copy of the summons by sheriff, it stated the landlord had to respond within 20 days. which will be the 10th of july, Where do I stand. The landlord is calling for his rent money. I dont know what to do and fear being left out in...

    H.’s Answer

    Yes, you have to continue paying rent or the landlord can have you evicted fast. Enter an appearance in the foreclosure action so you can stay up on what is going on.

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  • When does FORECLOSURE start? My last payment was made 03/23/09, I've been away on business and haven't received any letters.

    I called the lender, they said there was a Demand Letter sent on May 22 requesting over $2600 and a response w/in 30 days. When I called them, it was already past the 30 days. I want to "short sale" the house, DO I HAVE ENOUGH TIME to do this? ...

    H.’s Answer

    You have time until you are served with suit papers. Lenders file early and late. I have head of cases filed within 3 months after last payment to more than one year.
    Once suit is served on you, you have 20 days to file an Answer, if not the Lender with get a default and then a final judgment authorizing sale of your house.
    If an Answer is filed and you fight the foreclosure you may have a significant period of time to seek loan modification, sell the house or build up a cash reserve to make a move.

    You definatelky should hire an attorney. If i can be of further assistance, you can reach me through our web site

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  • 40% of all loans, the lender CANNOT produce the note! If this is the case, this can delay the foreclosure process, correct?

    I'm assuming you'd want to hire a foreclosure defense attorney on this.

    H.’s Answer

    No, the lender can prove the promissory note through Fla. Stat, sec 673.3091.
    673.3091. Enforcement of lost, destroyed, or stolen instrument
    (1) A person not in possession of an instrument is entitled to enforce the instrument if:

    (a) The person seeking to enforce the instrument was entitled to enforce the instrument when loss of possession occurred, or has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred;

    (b) The loss of possession was not the result of a transfer by the person or a lawful seizure; and

    (c) The person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.

    (2) A person seeking enforcement of an instrument under subsection (1) must prove the terms of the instrument and the person's right to enforce the instrument. If that proof is made, s. 673.3081 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.

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  • I have mort .on a condo in FL.How many letters I need to receive from my assn. untill they put a lien or file foreclose?

    I own an assessment for a job which start 6 months ago and never end or continued, also they didn't inform us about anything on this job about what's going on with it, also didn't receive any financial statements more than 6 months. They change bo...

    H.’s Answer

    To file suit in Florida an entity must be legal, that means it must be a properly formed business, registered with the Florida Department of State, Division of Corporations. You can check them out at www.sunbiz.org

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  • Can an attorney in FL do FORECLOSURE DEFENSE if I have a hm in FL and Detroit OR do I have to pay 2 separate attorney's? Also..

    does a foreclosure defense attorney conduct a Forensic Loan Audit?!! I may have been a victim of predatory lending. Please let me know asap. I need to hire an experienced, aggressive attorney. Thanks so much!

    H.’s Answer

    You need two seperate attorneys

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  • Deed in lieu of foreclosure procedure...

    Hello! I own a single family home that I bought over 3 years ago through a government program called SHIP which prevents me from renting out the home. We could not afford the payment anymore and moved into a newly purchased condo which has a subst...

    H.’s Answer

    They cannot freeze your bank account until they file suit, sell the house and obtain a deficency judgment.

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  • I know that I need a foreclosure defense attorney but what is the cost?

    We are in foreclosure and may have a case for predatory lending and the bank lost our original mortgage. We need an attorney but are concerned about the cost

    H.’s Answer

    We are currently working on a semi flat fee basis of $1,000 initially plus $250/per moth while the freclosure action is pending. Call around in your area and compare prices locally.

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