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Charles Reiger Gallagher III
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Charles Gallagher’s Answers

174 total


  • I feel that your previous answer to the following question was confusing and I am asking that you answer it again, see below

    "In foreclosure auction, if my winning bid is 10,000 and final judgement amount is 50,000 do i end up paying 60,000?" What they are trying to ask is: "What are the actual out of pocket charges when someone is buying a property i...

    Charles’s Answer

    This is why you need to retain counsel.

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  • Should i go to the "motion for summary judgement" hearing

    My home is being forclosed on and the lender filed a "motion for summary judgment".. i have not filed any motions or anything as it relates to the summary judgment and my question is, should i go to the summary judgment hearing? if i do go is ther...

    Charles’s Answer

    Go and bring an attorney who has been retained beforehand and is prepared.

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  • Is Hardship A Defense To Foreclosure

    I paid my mortgage for nearly five years on my luxury South Beach condo from my high six figure income as a gay port star. Sadly, I have been diagnosed with E.D., and can no longer perform. I do not have disability insurance. If I can file affi...

    Charles’s Answer

    No and that's the saddest thing to see with Pro Se folks in court. And no, you cannot use AVVO in lieu of an attorney. Its vital to retain an experienced attorney to assist you in this matter. Candidly, you don't know, what you don't know. That's why is not advisable to use AVVO and proceed pro se. Would you consider doing surgery on yourself if you had a medical condition? That's the same logic you need to understand with regard to proceeding pro se.

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  • Foreclosure case - Pro Se. Hearing set for plaintiff's "Motion For Leave To Amend The Complaint By Interlineation"

    I just received notice of a hearing on this Motion which is scheduled for next Monday. Is the plaintiff's attorney allowed to simply submit this Motion to correct a mistake on the original loan documents regarding an incorrect "county"? Is this ...

    Charles’s Answer

    To save your home its vital to retain an attorney. Would you consider doing surgery on yourself for a medical condition?

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  • I purchased a previously foreclosed property from a Mortgage Company that got a Certificate of Title, can I get a Writ of Posses

    I recently purchased a property from a Mortgage company which was the plaintiff in a foreclosure, they bought the property and was issued a certificate of title. I then purchased the property from the mortgage company. When I went to the property ...

    Charles’s Answer

    You can get a writ of possession as the owner of the property. Seek counsel to assist you with this.

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  • Am I able to buy my mom's house if it's gone into foreclosure from the court system when they auction it off?

    Wondering if it's illegal for a family member to buy the house back from the courts when it goes into auction.

    Charles’s Answer

    Yes, if its a foreclosure sale, you would be permitted to bid on it.

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  • How to foreclose on an Owner Financed vacant land?

    I sold a piece of land and did Owner Financing. I prepared a Mortgage and Note for the amount financed. Buyer is in default and I have sent a Breach of Contract notice. What is the next step now to foreclose on the vacant land?

    Charles’s Answer

    You need to foreclose it the same way you would improved land. Its best to retain an attorney to assist you with it.

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  • How long after a foreclosure trial does it take for a sale date for a property to be set if the plaintiff bank wins the case?

    Information is for a property located in Pinellas County Florida. I was hearing that once the case has been decided in favor of the plaintiff, it usually takes about 60 days from the date of trial before the property is sold. Any additional info...

    Charles’s Answer

    The final judgement of foreclosure will set a sale date. It cannot be any earlier than 30 days as it has to be advertised for two non consecutive weeks. After the sale there is a 10 day period for objections before a certificate of title is issued.

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  • Ligation against green tree serving for improper foreclosure?

    I filed a chapter 7bk in Jan 2012 and discharged in April 2012. I surrendered my mortgage in that bankruptcy. My understanding is that the original mortgage holder should have taken that bk to the judge and have the foreclose happen within 30 days...

    Charles’s Answer

    I presume that you did not have counsel in connection with your foreclosure or BK. Litigation against a lender or servicer is best brought in a counterclaim in the foreclosure. We sue banks and servicers this way all the time. What did GreenTree do that was improper in your estimation? Were they entitled to enforce your note and mortgage? Can you elaborate you what question you seek to have answered?

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  • Security rule indicate no blank endorse allowed after 150 days or return to seller. Why is blank endorse allowed in foreclosure?

    Security rules should over rule any UCC rules, Why is the local courts allowing blank endorse? Is there a lawyer that took time out to read and research the securities doctrine? In the State of Florida I can"t find one lawyer that doesn't have the...

    Charles’s Answer

    You need to secure counsel to assist you.

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