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Enrique Ferrer

Enrique Ferrer’s Answers

14 total


  • Bought a property under short sale/foreclosure had water bill from previous owner of $1,700. law said i dont have to pay but ci

    florida statute 180.135 (1) (a) (b) 2-4 says i dont have to pay but when i brought it up to city of north lauderdalae/us water services they say i have to pay under Florida Statute 153.67..two both conflicting laws. can someome Please tell me th...

    Enrique’s Answer

    The title company probably dropped the ball on this one. Get a copy of your Owner's Policy of title insurance and contact a real estate attorney.

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  • Friend in a single motorcycle accident, in a coma for 4 months, charged with DUI based on test administered hrs after admittance

    test was administered several hours after admittance to hospital. He died 2x and was in a coma for 4 mnths. court suspended license for 6 years after he got out of coma & allowed a foreclosure to go forward. he had an atty. he is incapable due to...

    Enrique’s Answer

    In addition to what my colleagues have mentioned, given that the facts surrounding the accident are unclear, he/his guardian should also contact a personal injury attorney.

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  • Foreclosure case dismissed with prejudice...2 counts...1.foreclosure....2.Re-instate a lost/misplaced mortgage and note. Bank fi

    Filed a 2 mtg frclsr. With 1 count..same amt/date of default. Can bank foreclose again since first frclsr was dismissed with prejudice and now I know they don't have th note and th mtg.? Also, judge allowed bank to amend complaint with a differen...

    Enrique’s Answer

    These types of cases are starting to become more frequent, as are cases in which the statute of limitations to foreclose has run. It is hard to have a default after the loan has already been accelerated, but the banks continue to pull fast ones, and unfortunately, not all homeowners know what to look out for. Like my colleagues have mentioned, it is very important to have an attorney review your case. It would be great if you could provide the attorney of your choosing with a full copy of both the old foreclosure file and the new one. Good luck!

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  • How can I speed up a foreclosure? Sounds odd, but read the details

    I own 50% of a property in Miami, Florida. The other 50% is owned by the person who defaulted on the mortgage payments over 4 years ago. The house is ocupied by drug dealers and friends of the other owner, they change locks so I may not access th...

    Enrique’s Answer

    If you are not on the note, you may be able to quit claim your interest in the property to the other owner and have the bank dismiss the foreclosure action against you. I suggest contacting a local attorney and have them review the docket and complaint, as well as the public records, to see if this is possible.

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  • I've been trying to deal with my association at half of the money I owe them, $6.800.00 let them know that If They don't accept

    the money I will have no other way but going bankrupt, Did I do well telling my Association's Attorney about bankcruptcy?

    Enrique’s Answer

    They are used to hearing these sorts of threats. Best thing to do is to work something out with the association. Try to enter into some sort of payment plan with them, this may keep you out of foreclosure.

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  • I recently check my license and found out that i have a ticket and a suspended license. Do i have to pay?

    i check the case dockets to the ticket and found out the dates it took place was in May. i recently got a new ticket in June and was told that my license was had nothing wrong with it that i was all clear just have to take care of the new ticket. ...

    Enrique’s Answer

    Sounds like you may have received one or more toll tickets or red light camera tickets. Definitely contact an attorney to get this taken care of. Driving on a suspended license knowingly could get you arrested.

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  • Violation of right lane must turn right

    I was driving through a four lane residential area near a school. The right lane became a turn only lane and the left lane was backed up with traffic. I slowed and waited until I could get into the left lane. The officer monitoring traffic wrot...

    Enrique’s Answer

    You have a chance of getting the ticket dismissed as long as you fight it. Paying it or opting to go to traffic school will afford you a zero chance of getting it dismissed. Contact an attorney in your area within the 30 days after you received the ticket for best results.

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  • Should I quit claim deed of our property to my wife for her to sell the property without me being present?

    I am living outside the US. -Turkey. My wife wants to sell our house. The deed is in both our names. Can She sell the house without my presence? Should I use a quitclaim deed or a power of attorney for my wife to act on my behalf? Can these docume...

    Enrique’s Answer

    While you could use a power of attorney or quit claim deed to achieve your goal, I would suggest simply executing the original deed and all closing documents in Turkey. You can have the closing agent email you all of the documents, and you can have them executed, witnessed, and notarized in Turkey and FedEx them back the the U.S. in time for closing.

    A couple of reasons why not to use the power of attorney or quit claim deed: The closing agent (or their title insurance underwriter) may not accept your power of attorney (which you need to sign like the deed anyway), your recording the quit claim deed will likely trigger your having to pay documentary stamp tax on the deed (you don't want the department of revenue sending you a little letter a year from now), your recording the quit claim deed will cause the loss of any exemptions currently on the property as well as a reassessment of the property by the property appraiser, and as mentioned above, it may cause issues with your current mortgage holder.

    Contact an attorney for more information and make sure that you are represented at closing.

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  • In Florida, Can you back out of a home purchase anytime before closing if mold is discovered?

    I am aware that the seller has to fix it but what if I am not comfortable with it? I am worried that the mold could appear later, possibly in another part of the house..........The seller is a trustee from BOA, the original owner is deceased.

    Enrique’s Answer

    The only way you will be able to back out of the contract will be if there is something in the contract that allows you to: an inspection contingency, a financing contingency, etc. You should have an attorney review your contract and advise you of your rights. Beware: Your real estate agent is not qualified to provide you with legal advice.

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  • Is there a way to find out what a traffic ticket is for, by the citation number?

    FAILED TO PAY TRAFFIC FINE(PENALTY) 01/18/2011 9592GJJ MIAMI-DADE

    Enrique’s Answer

    All of the above is correct. The best way to proceed now is to file a motion with the Court to lift the license suspension and remove the case from collections. This should serve to "reset" your ticket. An attorney can probably resolve this quicker than you can.

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