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Charles Reiger Gallagher III's Answers
Contributor Level 12
- 142 Legal Answers
- 26 Legal Guides
3
Attorney answers:
A final summary judgement has been entered 1/24/2012. I have discovered mortgage assignment fraud.what can i do?
You should try to seek a continuance of the hearing as soon as possible. It would also be wise to secure an attorney as soon as possible. Its sounds like the assignments here were similar to the robo-signing and fradulent document creation that has plagued the mortgage industry. The "VP for the day" execution by a party that is not employed by the bank is proof in that direction. I would also check the notary dates and compare it to the notary's expiration date. The original note would not...
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2
Attorney answers:
Property Rekey & Personal Property Moved/Missing Before Foreclosure
Please take a look at our legal guide on vacancy inspections.
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3
Attorney answers:
Motion to withdraw as counsel
Unless the Plaintiff sought leave to amend the pleadings by joining the new lender and dropping the old one, the court only has record of one party. Clients are free to change attorneys and it seems like the lender wanted a new attorney, Also, play close attention to what you got in the mail. It might have been that the servicing rights changed, not the actual ownership rights. Or of the Plaintiff is a servicer, they could also service the new lender.
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2
Attorney answers:
We paid our rent faithfully thru 7/10 and the Short Sale closed 7/6/10. New owner's Property Manager wants us out right now.
You need an attorney to get invovled and protect your rights. You do have rights under the federal law, but it appears the property manager is not going to comply.
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5
Attorney answers:
Child Support - when does it end in Florida?
You will have to request that the Final Judgment of Dissolution be modified to award support beyond your son's 18th birthday. However, once he hits 18 he becomes an adult under law, which does not favor additional support.
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4
Attorney answers:
If my commercial landlord has not paid his mortgage in quite some time and has a foreclosure action currently going on,
Your contractual obligation to the landlord is not excused due to the fact that the property is in foreclosure. If you were displaced from the property due to a foreclosure sale and title passing to the bank, then you might not be required to pay rent due to the landlord's breach of the lease agreement. If, on the other hand, you moved out of the property of your own freewill, then you might not have that same right. As long as the property is available for your use, you will be required to...
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3
Attorney answers:
If a deed in leiu has already been accepted to satisfy the full amount of the total loan, can the bank force a promissory note?
You need to preare a written letter to each of the three credit reporting agencies and object to the incorrect reporting. Here are the addresses. Equifax P.O. Box 740241 Atlanta, GA 30374- 0241 Experian P.O. Box 9532 Allen, TX 75013 TransUnion P.O. Box 6790 Fullerton, CA 92834-6790
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3
Attorney answers:
Can they assign a loan they did not record with the courts?
A party must have appropriate standing to bring a foreclosure action in Florida. That includes having a document of conveyance or assignment which gives them such rights. In the event that a party has filed a foreclosure against you without that, then the court may dismiss their action and in some cases where the action was knowingly filed without standing sanction the bank. You need to speak with an attorney versed in foreclosure defense litigaiton. We would be happy to speak with you free...
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3
Attorney answers:
Can I rent out my house if its in foreclosure??
You dont want to get your legal advice from your realtor. Until such time as the court issues a certificate of title at the end of the foreclosure, you own the home and can rent it out if you wish.
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3
Attorney answers:
My landlord hasn't paid mortgage in 2 years i received paperwork from the circuit court stating he is in foreclosure and that he
As long as you are able to reside in the home, you have to play rent to the landlord. If you have to leave the home, then you would be entitled to withhold rent becuase the landlord is not providing you with a place to stay.
1 lawyer agreed with this answer