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Matthew David Bavaro

Matthew Bavaro’s Answers

14 total


  • 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?

    I currently live in FL, but the foreclosure was in NH and finalized 8/5/2008. NH is a non-judicial state, so there was no court case. On 10/24/2014 I received a call from Dyck O'Neal asking if I'd like to settle an $85K foreclosure deficiency. I'v...

    Matthew’s Answer

    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 take these cases on contingency, so no fees or costs unless we win.

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  • I need a foreclosure lawyer.

    I got served with foreclosure papers on 2/15/12. My 20 days are quickly running out. Please, I need referals. Thank you.

    Matthew’s Answer

    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

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  • Does imaginary witnesses invalidate a mortgage

    I was looking at my mortgage papers. It was a "kitchen table closing" with myself and a Notary. I did not have a suitable copier, so I did not get copies at the time. Anyway, I noticed that there are two imaginary witnesses, in addition to the no...

    Matthew’s Answer

    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 themselves.

    If you are in foreclosure, you need to find a law firm that knows how to litigate and who knows the law. You'd be surprised how few attorneys who represent homeowners have any real litigation experience. Further, you need to find a lawyer that handles bankruptcies, loan modifications, foreclosure defense, short sales, and one who sues banks for TILA and state/federal debt collection violations. These are all important components to saving someone's home.

    Do not spend time focusing on issues that are not going to save your home.

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

    has now been refiled and a process server has been trying to serve me the papers. I am in an industry (staffing) that was hit extremely hard in the recession and I am just getting back on my feet now and would like to try to get a loan modificati...

    Matthew’s Answer

    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 loan that has been in default for 3 years is that the unpaid interest, principle, and escrows can be oppressively high, and thus difficult to modify. Another strategy may be to turn the property into an investment property and file a chapter 13 and cram down the first mortgage. This means the balance of the mortgage will be reduced to fair market value. You will have 5 years to pay it off, but you generally need rental income on the property that is sufficient to make the payment. If this would work for you, you could have a free and clear house in 5 years.

    It could be a problem if you get stuck with a really bad loan mod that you may not be able to afford long term and then file a Chapter 7 and reaffirm the mortgage. I have seen people do this without an attorney and put themselves in a tough spot long term We have more info on our website about bankruptcy for homeowners you may find helpful.

    http://www.fightingfloridaforeclosure.com/florida-Bankruptcy.html

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  • What does FWOP NOTICE GENERATED mean in Miami?

    I found this information about a FWOP notice on the clerk of courts in Miami under my case file to foreclose my house. There hasn't been any activity on our foreclosure case since September 2010 and just yesterday when I checked I found this notic...

    Matthew’s Answer

    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 properly before they start moving things along, you may be able to save your home or at least stay in it much longer.

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  • 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?

    i haven't paid maintenance in 2 years. now i'm slowly getting back on my feet. i offered to pay an extra 60.00 per month for 6 monthes and then 160.00 per month after 6 mos. they turned me down --said i must pay an extra 600,00 per month which i...

    Matthew’s Answer

    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.

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

    My Florida foreclosure lawsuit was dismissed "with" prejudice ... but no one can seem to tell me what to expect next from the Plaintiff ? What will the Lender do next? I can't imagine they just walk away ... so can anyone tell me what to exp...

    Matthew’s Answer

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

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

    I am in foreclosure and the plantiff submitted the mortgage note saying it was the original. They signed my ex-husbands signature and there was not a witness present but there is a witness signature. What do I call my motion to deny the accuracy o...

    Matthew’s Answer

    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 them to invalidate the mortgage and get damages. Typically we sue for injunctive relief, declaratory relief, violation of FCCPA & FDCPA, violation of the unfair and deceptive trade practices act, abuse of process, conspiracy, fraud, slander of title, libel, defamation, and unconscionability. If the bank dismisses the foreclosure, we then amend our complaint to include a count for malicious prosecution. If you can prove that the bank knew that it was forged and allowed it to proceed, you may be entitled to punitive damages. In addition, if you can show that it was pecuniary gain, you may be entitled punitive damages with no cap. Trust me, the bank does not want to be in that position in front of a jury. This is something you need a lawyer for. Don't try this on your own. Feel free to call my office to discuss this. These cases are usually handled on a contingency fee basis, so no fees or costs on the counterclaim unless we are successful.

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  • Foreclosure Process

    My manufactured home in Florida sits on a land lease. When my home goes into foreclosure, what happens when I stop paying the land lease monthly fees and HOA fees. Will they also go into the foreclosure or will I get sued. May I include them in a ...

    Matthew’s Answer

    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 only bankruptcy, but foreclosure very well. Good luck.

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  • Foreclosure/loan mod

    Hi, I have not had much success with my foreclosure/loan modification attorney, it appears that not much "filing" motions etc have been done on my case. I have call my bank, BOA (I have called, but no luck) to try to speak to the opposing counsel...

    Matthew’s Answer

    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 done, you need to see the counterclaim to make sure the attorney is preserving your rights. We have an attorney hiring guide on our website that you could download that may help you determine whether you have someone who knows what they are doing.

    http://www.fightingfloridaforeclosure.com

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