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Matthew Decell Weidner

Matthew Weidner’s Answers

74 total


  • Florida property Co-owners will not share expenses, what can be done to make everyone pay their fair shares?

    I own a house along with two siblings in Florida. It is vacant and we are in the process of selling it. We each feel we are owed money for what we individually spent on expenses for the property but no one wants to agree to pay for the others expe...

    Matthew’s Answer

    Joint owners of property are all liable for expenses....with some exceptions when one joint owner is excluded by other owners. The remedy if the other owners will not agree is to file a partition action...which are very difficult. One of the most important things to do is to keep very good and detailed records of all expenses and payments because proving the costs is the most difficult aspect of resolving these kind of cases.

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  • I purchased a warehouse in a short sale. There is an apartment upstairs and tenants will not leave.

    I've filed an unlawful detainer. The tenant replied with regards to tenants rights in a foreclosure (this was a short sale) and a copy of his expired lease. He did not have a third party serve me with his reply. He simply stopped by and dropped...

    Matthew’s Answer

    You need an experienced real estate attorney to assist you.....the federal act is complex and you must be careful not to violate it. Evictions themselves are quite complex actually...so if you want them out timely, the best advice is to hire a good attorney....quickly.

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  • Is Defendant in Contempt if they don't show up for trial?

    My wife is co-defendant in a residential foreclosure suit along with myself. The case was dismissed long ago with leave to amend but plaintiff failed to amend. Final order of dismissal was never sought or granted. The court has set it for tria...

    Matthew’s Answer

    This is a great question and one that we have been working on for some time within the foreclosure defense community. This very issue came up in a foreclosure trial I had not so long ago.....my position is that if you are not subpoenaed, you need not attend,. but this is a very fact specific question that must be reviewed by a competent attorney....the reality is a judge can hold anyone in contempt if the judge chooses.....

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  • Just received a summons about personal service on a natural person

    We sold our home over 8 years ago. Now it is in forclosure with the people who bought it. I do not understand why we are faced with a lawsuit. Please help understand

    Matthew’s Answer

    I suspect the reason you were named is because of a problem with the title work when your home closed. The bottom line is you need an experienced attorney to review the case and determine if you have any liability.

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  • I have a POA over my mother who has health issues in the state of Florida. Can I change the deed to her house?

    The deed is a lady bird deed and the deed has four of her children on it for the new owners upon her death. Can I change that deed?

    Matthew’s Answer

    You must be very careful when using a POA to do anything...especially for an elderly or disabled person. You must not execute any documents that do not directly, and specifically benefit the person on whose behalf you are acting. But if you have good reason, you may do so....to protect yourself, consult with an attorney.

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  • If a process server fails to act upon relevant information, is that a defective service?

    I received a package in the mail regarding a foreclosure containing a Notice of Action along with an Affidavit of Constructive Service, Affidavit of Diligent Search and Inquiry and a Return of Service. I have lived at the subject property for m...

    Matthew’s Answer

    YOU ARE CORRECT! And good for you for doing your homework...yes, service of process must be strictly complied with, and we file motions frequently attacking improper service. While you are not entitled to a case dismissal, it certainly works in your advantage. But understand this is all very technical.....you really need an experienced attorney.

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  • IS MY HUSBAND STUCK WITH A FORECLOSURE WHEN HE WAS NEVER ON THE MORTGAGE?

    MY HUSBAND AND I ARE PURCHASING A NEW HOME. IT WAS BROUGHT TO OUR ATTENTION DURING THE LOAN APPLICATION PROCESS THAT THE PROPERTY HIS EX=WIFE WAS GRANTED DURING THEIR DIVORCE HAS GONE INTO FORECLOSURE. HE WAS NEVER ON THE MORTGAGE HOWEVER WAS ON T...

    Matthew’s Answer

    This is a very common mistake in divorces and that lenders in title companies make when trying to qualify a person for a new home...not understanding that a spouse has NO LIABILITY and that a foreclosure should not and in fact cannot be used against the current party. Your husband should definitely consult with an attorney to see what the actual facts are and how he can be assisted.

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  • My mortgage went into default in August 2012. The judge denied the lender's motion for final foreclosure.

    Why would the judge deny the order for final foreclosure? The document reads that the reason was the Plaintiff (lender) was "not the proper person in interest". However, the same lender (who purchased the mortgage in 2007) foreclosed on the same p...

    Matthew’s Answer

    Sounds like you've got a great case that demands the careful attention of an attorney who really knows foreclosure defense. If a judge denied their motion, then it sounds like they have real problems....i really encourage you to follow up with a good, local attorney.

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  • If you have been in foreclosure defense for 5 years, and the bank STILL cannot produce note etc. can you file for a quiet title?

    Have been in the foreclosure process for coming up on 5 years. Did everything right from the start, trying to talk to the bank (haha), trying to get a mod. on our own (HAHAHA), weve had legal cousel (on atty #3 and finally seems to be a good one-w...

    Matthew’s Answer

    The issue of 5 year statute of limitations is indeed very complicated and probably will not help you because of your pending case. Having said that, the bank has real risks if they do not prosecute their case properly because a dismissal can be very problematic for them.

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  • Is plaintiff filing a new copy of the note considered amendment to complaint?

    Plaintiff filed foreclosure complaint with copy of note with no endorsement. Few months later it filed alleged original with an endorsement after defendant filed answer without leave from the court. Isn't that a violation of Rule 1.190(a)? That en...

    Matthew’s Answer

    That is a great question, and it's an issue I've been fighting for years. The answer to your question is that the Plainitff may indeed have made an improper filing. The real question is, from a tactical perspective, do you want to object now or wait until they go to trial and then make your objection and argument....that's the knock out punch....but one that requires an experienced foreclosure defense attorney. Take a look at my website and see where i was arguing these issues before Florida's 2nd District Court of Appeals recently.

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