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Matthew Decell Weidner

Matthew Weidner’s Answers

74 total


  • In a Foreclosure Case, should my company file Motion to Intervene or Third Party Complaint?

    My company has Certificate of Title from an HOA Auction. My company has owned it for 3 years and now the Bank is going to auction the property in February. There's a catch, the bank has not followed the Administrative Order. They have not filed th...

    Matthew’s Answer

    Whether you even have the opportunity to challenge those technical failings is a complex question that requires a careful examination not just of the title work but also of both lawsuits. You absolutely need an attorney to review this or you will certainly lose all interest you have.

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  • I want to sell an inherited home. Do I need to get the title in my name first or can I just sell it?

    I have inherited a vacation home in Florida. It has no liens. Probate is closed in home state. Do I need to get title to home in my name before selling?

    Matthew’s Answer

    If the estate closed outside Florida, transferring title would likely require a simple ancillary estate to be opened in the county where the property is located. The good news is an ancillary estate is a relatively simple and inexpensive matter when all the other issues have been concluded as part of the primary estate.

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  • I bought home from foreclosure.com high bidder got deed type certificate of title is this marketable title?

    final default judgment of foreclosure by county court do I own property free and clear can I sell it?

    Matthew’s Answer

    you can never tell what you bought at a foreclosure auction without a full title search done by an attorney that works for you....you could have "won" a second mortgage auction or a homeowner's association auction. There may be IRS or municipal liens. The only way to know what you got and if it is marketable is with a title search.

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  • Is this with or with out prejudice? Must lis Pendens get removed from county records now.?

    order of dismissal the court finds; A. notice prescribed by rule1.420(e) was severed B . there was no record activity the 10 months immediately preceding service of the foregoing notice. C. There was no record activity during th...

    Matthew’s Answer

    those lack of prosecution dismissals are particularly technical, but can be good for the homeowner, depending on what happens after the fact. If you are not represented by counsel already, I would be happy to discuss with you.

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  • A recent survey reveals that about 75 feet of our newly purchased retirement home is over the fence on our neighbors yard

    My wife and I just purchased a retirement home in Florida that was a bank foreclosure . the yard is fenced as is both neighbors on each side .The realtor told us the property next door was purchased in the last two years and a survey had been don...

    Matthew’s Answer

    The failure to get a survey might very well leave you in a buyer beware situation....you need an experienced real estate attorney immediately to carefully review your options.

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  • Is foreclosure trial before a Jury, or just the Judge? I want a Jury of my peers.

    Today, I had a hearing with case the Judge, promptly denies my 2 Motions, Motion To Strike Attorneys Affidavit, and Motion to Dismiss for Lack of Capacity. The Judge was very rude and condescending. The hearings were set for 30 mins total, last...

    Matthew’s Answer

    You must hire an attorney immediately to review what defenses may exist and present those defenses properly. Sadly, you cannot just go to court and say, "i've got my checks, I paid".... Depending on your county and the rules applied in that county, you have a very tight timeline to try and turn this around. If you try a trial without an attorney, you will very likely lose.

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  • What does this mean? PLTF/PET'S MOTION TO STRIKE DEFT DEMAND FOR JURY TRIAL

    I am in the middle of a foreclosure civil case, but this has been going on since 2009. Can anyone please tell me what does this mean?

    Matthew’s Answer

    you need an attorney immediately. the courts here locally are setting trials without the plaintiff asking for them...that seems to be what happened to you because you got a notice of trial and the plaintiff moved to strike it. if you do not hire an attorney fast, you will likely be in trial and lose your home. I will be happy to look your case up and tell you what I see from the court docket. weidnerlaw@yahoo.com

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  • MOTION/NOTICE OF DISMISSAL

    Florida: Forecloser case filed by plaintiff on 10 21/2010 . (while I was under bankruptcy protection) came home from 341 meeting to summons being served upon me and a les pendents filed with the court along with foreclosure complaint.. Long...

    Matthew’s Answer

    It sounds like you MIGHT have gotten a dismissal for failure to prosecute, but you MUST understand that these are not always what they seem and that often, consumers think a case is closed and final, only to find that it is resurrected and a trial or a sale is set without you knowing. My advice is to have an experienced foreclosure defense attorney review your file IMMEDIATELY. If it is dismissed, there are things that we will want to do to protect you from a subsequent filing.

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  • Up to date on my morgage loss home to assocation . Hoa change fee collectors , old colectors still take money from my account

    Assocation foreclose on home and sold lien to 3rd party who is shaking me down for $ 20,000 in the next month or he is going to evict me ,I paid him $10,000 allready but I can't pay him and the Bank too what do I do?

    Matthew’s Answer

    sounds like you may have a good fair debt collection practices case....it's unfortunate that you lost your home at foreclosure, but that should be examined as well to see what can't be done. Feel free to email me with more details, I will review and respond.

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  • Can another debtor collect on a 2nd mortgage after 5yrs?

    I purchased a home in Florida some yrs ago. Unfortunately, 2007 I stopped paying on my 2nd loan for my home. Lime-financials (my 2nd mortgage comp) charged off my mortgage amt infull in 2008 & went out of business the following year in 2009. In F...

    Matthew’s Answer

    Whether or not it is barred by statute of limitations is a complex question that has to do with when the loan was last paid and when the bank demanded payment....regardless of the answer to that question however, thre are many defenses that can be taken with regard to them filing a lien or trying to enforce that lien.

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