Matthew David Bavaro’s Answers

Matthew David Bavaro

Fort Lauderdale Foreclosure Attorney.

Contributor Level 8
  1. I reside in Clearwater, FL and have not paid mortgage in 3 years. The case was originallly dismissed due to lack of service but

    Answered about 3 years ago.

    1. Dorota J. Trzeciecka
    2. Marshall C Deason Jr.
    3. Margery Ellen Golant
    4. Matthew David Bavaro
    5. Raymond Todd Burbine
    6. ···
    6 lawyer answers

    You need to consult with an attorney who is experienced in both loan modifications and bankruptcy. There are many issues here. If you have two mortgages on the property, you may be able to modify one and file a Chapter 13 while you are still making trial payments and lock your trial payments in as your plan payment to the bank, then strip off the second mortgage. In five years, you will have a home that has only one mortgage and be otherwise debt free. One of the challenges in modifying a...

    2 lawyers agreed with this answer

  2. I need a foreclosure lawyer.

    Answered about 3 years ago.

    1. Stephanie Bolton
    2. Matthew David Bavaro
    3. Barbara Mendell Brown
    4. Raymond Todd Burbine
    5. Steven Anderson Leahy
    5 lawyer answers

    We handles cases statewide and are one of the few firms that handles foreclosure defense, loan modification, bankruptcy (chapters 7 and 13), short sales, and deed-in-lieu. We also sue banks for TILA violations and FDCPA and FCCPa violations. These latter cases are taken on contingency, so there are no fees unless we win. Visit our website for more info. www.fight13.com

    1 lawyer agreed with this answer

  3. Does imaginary witnesses invalidate a mortgage

    Answered about 3 years ago.

    1. Marshall C Deason Jr.
    2. Matthew David Bavaro
    2 lawyer answers

    This will most likely not going to amount to anything. The requirement for 2 witnesses on mortgages was abrogated a long time ago. Thus, even if the witnesses were not present but their signature appears, it is highly unlikely any court would even think of invalidating a mortgage. Unfortunately there is a lot of bad information on the internet, mostly from homeowners who write crazy legal theories online that will never actually work and then others run with them and create a bigger mess for...

    1 lawyer agreed with this answer

  4. I'M WAY BEHIND ON MY MAINTENANCE FOR CONDO---I'M WILLING TO PAY BACK A LITTLE EACH MONTH. CAN THEY JUST THROW ME OUT?

    Answered over 3 years ago.

    1. Matthew David Bavaro
    2. Marshall C Deason Jr.
    3. Bryan William Sykes
    4. Jeffrey N Lisnow
    4 lawyer answers

    Yes, they can foreclose and they are not obligated to work anything out with you. Sometimes the right solution is a Chapter 13 bankruptcy. In the proceedings, you may be able to spread the past due amounts to the HOA out over 5 years. You may also be able to eliminate a 2nd mortgage and other debts as well. We handle these cases in the Middle District and Southern District of Florida.

    1 lawyer agreed with this answer

  5. Foreclosure/loan mod

    Answered over 3 years ago.

    1. Matthew David Bavaro
    2. Jeffrey B. Lampert
    3. Marshall C Deason Jr.
    3 lawyer answers

    The bank's attorney is prohibited by the ethical rules from contacting you. I would definitely call your attorney to discuss your case. You have every right to have a face to face meeting to discuss your file. Make sure your attorney is trying to achieve your goals. For example, make sure that if your goal is obtain a loan modification, you review the file to make sure the documents are being submitted to the bank. If your goal is to have the bank pay for something illegal they may have...

    1 lawyer agreed with this answer

  6. Can Dyck O'Neal still file a lawsuit against me if it's been six years since a foreclosure? And are they violating the FDCPA?

    Answered 3 months ago.

    1. Stephen Jeffrey Berlinsky
    2. Tara Marie Warrington
    3. Jacqueline Alicia Salcines
    4. Matthew David Bavaro
    5. Benjamin Earl Hillard
    5 lawyer answers

    The question is much more than the statute of limitations. We do a lot of FDCPA work in Federal court. Just that phone call alone may be a violation irrespective of whether the SOL has run or not. They have to provide disclaimers and a subsection (g) notice to you. If they did not send you that notice 5 days after that phone call, that alone is a violation. Even what they told you on the phone may be a violation. We'd have to get some more detail. You can call us at 954.523.4357. We...

    1 person marked this answer as helpful

  7. Mortgage note has been forged. What do I call the motion for denial of accuracy?

    Answered over 3 years ago.

    1. Matthew David Bavaro
    2. Sheryl Ann Edwards
    3. Marshall C Deason Jr.
    3 lawyer answers

    You need to file a counterclaim against the bank in addition to raising the appropriate affirmative defenses. Under Riggs v. Aurora, you must make a negative averment regarding authenticity. We have several of these cases going on right now. A handwriting expert will be necessary to compare your ex's signature on the note to known samples that were signed around the same time as the note. The bank may dismiss rather than pursue the foreclosure, but you need a counterclaim filed to go after...

    1 person marked this answer as helpful

  8. Foreclosure Process

    Answered over 3 years ago.

    1. Marshall C Deason Jr.
    2. Matthew David Bavaro
    3. Garrick Neal Fox
    3 lawyer answers

    Without questions you must list ALL creditors on your creditor matrix. This includes the HOA. If you fail to pay on any of these debts, you will be sued for foreclosure, or possibly replevin on the manufactured home. Your bankruptcy will eliminate those debts, but the HOA could still be a problem. Even after the bankruptcy, the general consensus is that you are still on the hook for post-petition HOA fees. I would definitely recommend that you sit down with an attorney that understands not...

    1 person marked this answer as helpful

  9. What does FWOP NOTICE GENERATED mean in Miami?

    Answered over 3 years ago.

    1. Royce Brent Bishop
    2. C. C. Abbott
    3. Matthew David Bavaro
    3 lawyer answers

    It means that the court will dismiss the case for lack of prosecution unless the bank does something to move the case along within 60 days. Don't get too excited though, even if its dismissed (which usually does not happen), the bank will have the opportunity to refile the lawsuit. If you don't already have an attorney, it would be a good time to get one. Usually when the FWOP notice is generated the bank does what needs to be done to finish the foreclosure. If you start fighting the case...

  10. What recourse does a Plaintiff have after their foreclosure lawsuit has been dismissed "with" prejudice?

    Answered over 3 years ago.

    1. Margery Ellen Golant
    2. Daniel J. Rose
    3. Marshall C Deason Jr.
    4. Matthew David Bavaro
    4 lawyer answers

    Depending on the facts of your case, you may have a case against the bank for malicious prosecution.