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Jaitegh Singh

Jaitegh Singh’s Answers

43 total


  • VERIFICATION of a foreclosure complaint was by a paralegal somewhere in PA, who, on the complaint, stated he or she had "read

    the foregoing" and "facts alleged are true and correct to the best of my knowledge and belief". And my first reaction was, "REALLY?" Though there was a stamped, "Authorized Officer" what can it mean to have a paralegal from another state, verify...

    Jaitegh’s Answer

    You are right to an extent. The verification page needs to be signed by someone who has knowledge of the case with regards to knowledge of your valid mortgage and note, as well as knowledge of the allegations in the complaint. Now if it is a standard foreclosure complaint, then a paralegal may have knowledge of the typical allegations, which include, (in rough layman's terms) that you took the money and put up the house as security and that you have subsequently fallen behind on your payments. Nevertheless, this does not mean that you don't have any defenses. Verifications are areas that foreclosure defense attorneys, such as myself, attack on a daily basis. I would, however, need to see your complaint before giving you proper advice as to whether or not you have a defense with regards to verification.

    Also with regards to a PA paralegal verifying it, it doesn't really matter where the person is located. Most of the foreclosure prosecution firms are large multi-state firms and we do see that a lot of the times, all the work is being done in another state and they just have a local licensed attorney employed to handle court matters.

    Singh Law, P.A.
    Ft. Lauderdale - Miami - West Palm Beach
    (954) 586-6000
    Free Consultations are Available

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  • If my spouse had a foreclosure 1 year ago would we be able to qualify for a new loan now ? Could we get approved by a bank now?

    Will we have to wait a certain period of time before we could get a loan? Also could the bank deny me/us for a loan if they see my spouse had a foreclosure and I was just on the title with him and public records show me on all the foreclosure docu...

    Jaitegh’s Answer

    Yes to all your questions. Unfortunately most lenders will be reluctant if they see a recent foreclosure. You also need to make sure that all the issues with the foreclosure were taken care of properly. There are a number of botched foreclosures out there and this could potentially preclude you from obtaining a mortgage. I would suggest consulting with a real estate attorney, such as myself before pursuing. You need to also make sure all the issues with regards to both of your credit reports has been resolved. My office does handle credit issues as well. As long as there are no lingering issues and the credit is back up and strong, you could potentially qualify for a reasonable mortgage very soon.

    Singh Law, P.A.
    Ft. Lauderdale - Miami - West Palm Beach
    (954) 586-6000
    Free Consultations are Available

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  • First mortgage forecloses, does that eliminate their lien?

    If i bid and win at foreclosure sale and first mortgage holder bids under what they were owed, do i still have to pay the difference or is that up to the original owner?

    Jaitegh’s Answer

    There are a number of other issues that may be present. Are you the homeowner of the house? If so, then you will be responsible for the difference, due to the liability under the note. If you are not, then you take it and that first mortgage lien is extinguished. However, there are other liabilities that you may incur, such as any Homeowner's/Condo Association fees. Also you may potentially take it with any other junior liens, such as a 2nd mortgage or a Home Equity Line of Credit. You also need to be sure that you are bidding for the title of the house. I have seen many clients who accidentally just purchase the lien and not the house. Banks do sell liens at auction too and this could potentially be a costly mistake. Please consult with a real estate attorney, such as myself, before going through with any foreclosure auctions. Now of course this is a whole other ball game if we are dealing with your own home that is going up for sale at auction.

    Singh Law, P.A.
    West Palm Beach - Ft. Lauderdale - Miami
    (954) 586-6000
    Free Consultations Available

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  • I am a homestead owner of a condo. Can I be evicted?

    the bank is foreclosing

    Jaitegh’s Answer

    Yes you can. When you obtain a mortgage, the mortgage has your home put up as security for the money being lent to you. If you fail to pay the mortgage, then you will lose the condo, even though it is your homestead. This is true if it is a mortgage we are talking about that is trying to foreclose, since you did not specifically state whether it was. If it is not a mortgage, then we are in the realm of homestead exemption. This is a serious matter and you need to consult with a foreclosure attorney, such as myself, in order to determine your options and establish a game plan in order to save the condo.

    Singh Law, P.A.
    Ft. Lauderdale - Miami - West Palm Beach
    (954) 586-6000
    Free Consultations Available

    See question 
  • After foreclosure, how long after in the State of Florida, can you obtain a mortgage and buy a home? Home foreclosed Feb 2012.

    Title was in both of our names. Mortgage was in my husband's name. Property foreclosed February 2012 and we were wondering when would be best for us to buy a new home. Are there any repercussions if we buy now? Should we wait and buy later?

    Jaitegh’s Answer

    Florida does not have anything to do with the question. However, there will be some difficulty for your husband to obtain a mortgage. There are other options though as well. This is something you need to discuss with a real estate attorney, such as myself, before pursuing. You also need to be sure of whether or not everything has been absolutely resolved with the foreclosure and that there are no lingering issues that could hinder the mortgage process.

    Singh Law, P.A.
    Ft. Lauderdale - Miami - West Palm Beach
    (954) 586-6000
    Free Consultations Available

    See question 
  • A FORECLOSURE "material fact"-- Securitization? I'm considering using this issue for foreclosure defense. On the surface, it

    ....seems worth exploring. But, is it?

    Jaitegh’s Answer

    Its a complex area of law. It is also an argument that is unfortunately not as strong as it used to be. I would suggest consulting with a foreclosure attorney, such as myself, before pursuing.

    Singh Law, P.A.
    Ft. Lauderdale - Miami - West Palm Beach
    (954) 586-6000
    Free Consultations Available

    See question 
  • Can homeowner association or FL statute oblige owners current to pay for delinquencies (i.e. foreclosures etc.), or ruin credit?

    My maintenance account is current but my homeowner association (HOA) states it is "delinquent." I can supply evidence of bank verified payment for the period in question. My condo association (peculiar structure --both cover me) failed to collec...

    Jaitegh’s Answer

    This is something that an HOA defense attorney, such as myself, needs to discuss. there are a number of issues that you present in the question and this is not the right forum for those answers. I do believe a motion to dismiss is something that should be filed immediately. With regards to credit, if the debt is legitimately against you, then yes there can be some credit implications. We can fight those for you as well.

    Singh Law, P.A.
    Ft. Lauderdale - Miami - West Palm Beach
    (954) 586-6000
    Free Consultations Available

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  • I need to stop a foreclosure sale on my property in Broward County it is scheduled for 3/28/2013 I went to the court today.

    I went to the court today 3/26/2013 to stop a foreclosure on my property, in Broward County, the sale is set for 3/28/2013 and one of those creep investors was supposed to buy my property after we went into contract, has not called me to ...

    Jaitegh’s Answer

    As Ms. Guerra-Valdes said, you need to file an emergency motion and get it heard ASAP. Make sure it is served properly to the plaintiff and any 3rd parties (if involved). There also needs to be a reason in order to postpone or cancel the sale. It sounds like you were probably doing a short sale. That could be a good reason but it depends on a number of other issues, including who is your judge and who is the opposing counsel. I would suggest maybe to at least see another foreclosure attorney, such as myself or Ms. Guerra-Valdes in order to get this resolved because you are on an absolute time crunch. There are also other options with regards to the property too, if this is unsuccessful.

    Singh Law, P.A.
    Ft. Lauderdale - Miami - West Palm Beach
    (954) 586-6000
    Free Consultations Available

    See question 
  • Can i ask for a rehearing in a head of household hearing writ of garnishment case and if so will it delay the garnishment on my

    bank account?

    Jaitegh’s Answer

    You need to have a basis in order to request a rehearing. If you do, then the hearing will be deemed a pending matter and therefore the garnishment will be delayed until the hearing has been heard.

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  • Does bankruptcy stop dealership from possessing vehicle?

    My 20yo daughter nd a car, she live away @ college, we went down to dealrship & was placed in brand new car, my daughter didnt qualify for finance alone, so salesmn ask me to go on loan, I adv them that I had drivers license suspension, I was told...

    Jaitegh’s Answer

    There are rights, but it solely depends on the type of bankruptcy filed. You need to consult with your bankruptcy attorney or a bankruptcy attorney, if you filed the the bankruptcy on your own.

    Singh Law, P.A.
    (954) 586-6000
    Free Consultations Available

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