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David J Lazarovic

David Lazarovic’s Answers

2 total

  • IN A FORECLOSURE,HOW LONG AFTER A MOTION FOR SUMMARY JUDGEMENT HAS BEEN GRANTED DO I HAVE TO FILE FOR CHAPTER 13 BANKRUPTCY.ALSO

    CAN I FILE FOR CHAPTER 13 IF I HAVE ANOTHER PROPERTY WITH A HOUSE THAT I NOT UPSIDE DOWN BUT HAS A MORTGAGE ON IT BUT EVERYTHING IS ALRIGHT. SHOULD I LEAVE THE SECOND ONE OUT OF THE BANKRUPTCY...THANKS

    David’s Answer

    If you own a second home that is not underwater that is not per se an impairment on your ability to file a chapter 13 bankruptcy. Additionally, the court MIGHT also allow you to continue to pay the mortgage outside of the bankruptcy (and save on the trustee fee).

    The bigger issues are what is the purpose of the home and are all of your unsecured creditors going to get paid in full. If your unsecured creditors are getting 10 cents on the dollar a judge probably won't let you keep a vacation home since the money spent on it could go towards paying your creditors. Also, your unsecured creditors must get at least as much in the chapter 13 bankruptcy as they would in a chapter 7, so if you have a lot of equity in the home that makes a chapter 13 plan less feasible. You really need to discuss this matter with an attorney who is fully aware of your situation.

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  • How to get a tenant out of my house?

    i have a tenant who has been renting my spare bedroom. because of family issues i need him to move. i told him yesterday ( 8/1/11 ) that i need him to move by ( 9/1/11) he said he would move when he had the money to move. i am a disabled veteran ...

    David’s Answer

    You need to evict him the same way you would any other tenant. Give him a written 15 day notice to vacate the property that specifies that his month to month tenancy is being terminated at the end of the current rental period, to wit 9/1/11. Also have the form state the date it was delivered to him and that if he refuses to vacate he'll be considered a holdover tenant and liable for double rent. (make sure you keep a copy of the form for yourself and to attach to your complaint)

    If on 9/1/11 he doesn't vacate the property you'll have to file an eviction complaint against him. You can get some helpful forms at the following website:

    http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/a2490d4fa31363a88525771200482bdd!OpenDocument

    or you can go to the local county clerks office and ask them for help. You'll need to hire a process server and have them deliver the complaint and summons to your tenant. Once that's complete he'll have 5 days to answer the complaint. At this point you'll have to file several more forms and about 2 weeks later the sheriff should come to evict him at which point you'll have to change the locks.

    Lastly, you can hire an attorney to handle the matter for you. Let me know if you have any further questions.

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