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Benjamin Earl Hillard

Benjamin Hillard’s Answers

56 total


  • What documentation is needed to prove statue of limitation has been reached to prevent a foreclosure? I am the defendant.

    Foreclosure summons served recently. Motion placed for extension by myself. I have documents from mortgage company showing the last date of payment is 08/01/08. We then made Western Union payments in 2009 that were not applied. We talked to a HUD ...

    Benjamin’s Answer

    Sounds like you filed a Motion for Extension to Respond. This area of law is in transition. The statute of limitations does not, even though arguably it should, begin to run upon missing your payment. It begins to run at acceleration, and acceleration is frequently difficult to pinpoint because the lender's have gotten cute with their acceleration letters. You should interview several lawyers and select the one you like. Don't go this alone, where you have an opportunity to potentially keep you house and not pay the debt, lawyer up.

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  • We have a condo in Bradenton Fl. that we in trouble with its been 10 months since we paid on NATION STAR WONT WORK WITH US

    ITS RUINING ARE CREDIT,

    Benjamin’s Answer

    Your credit is going to be a casualty of trying to work something out with your lender. There is no good way around this. The lenders have reorganized over the past 15 years to be very guidelines and/or policy-driven. The policies are set based on their balance sheets. If it fits in their policy, and, and I do mean and your loan is at the top of the pile, they may modify. The only thing that sometimes, and I do mean sometimes, makes them deviate from policy is legal leverage. I am a banker turned lawyer. I have worked for Ocwen, Lehman Brothers, Countrywide, etc. I tell you these things based on personal experience. My advice is to interview several good lawyers, including our firm, and decide who is best.

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  • My house has been in Foreclosure for 6 years. I haven't paid my mortgage all this time. What kind of Attorney do I need?

    my house was part of a Robo-signing scandal along with the original note has been lost. over the 6 years different lenders have filed 3 separate foreclosures all of them not being able to be completed... 1st one was because of the Robo-signi...

    Benjamin’s Answer

    Is there a present foreclosure suit? If there is, lawyer up. If not, I would wait. Time is probably on your side.

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  • In a foreclosure what should I the defendant answer a notice of action

    property is a vacant land , bank refused payment in November 2014 to make property current and then files for foreclosure ,

    Benjamin’s Answer

    You should interview several lawyers and select one. It sounds like you may have a good defense if the bank refused payment. Look at lawyer websites, backgrounds, etc. All lawyers are not created equal.

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  • Can a motion filed by a bank without reason or incorrectly be quash?

    3 year foreclosure, modification approved Sep, 2014 all trial payments have been made timely and the bank keeps delaying the final documents to be signed to complete modification but assure us they are in process and we should received them any ti...

    Benjamin’s Answer

    We have had a few clients come to us in this situation. You should lawyer up immediately. We see this type of thing happen frequently when the lender either changes its mind, or the loan is sold to another lender and the new lender would prefer to foreclose. It is highly technical where the language of the agreement under which you are making trial loan mod payments likely controls whether you can enforce a loan mod or lose the house. Search out a number of lawyer backgrounds before deciding which lawyer to use - but absolutely lawyer up.

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  • Veripro Solutions is trying to collect a debt I don't think they own, what to do?

    My 2nd mortgage was with First Franklin in 2008, which went out of business in 2009. I have a copy of the mortgage and its 100% with First Franklin, no one else. *There are no assignments of mortgage filed with the county.* Fast forward to today...

    Benjamin’s Answer

    • Selected as best answer

    While I generally agree with what the other lawyers are saying, of our clients over the last seven years who have second mortgages, less than 1 in 10 have seen lawsuits over defaulted second mortgages. Moreover, the average settlement percentage does not materially differ pre v. post suit settlement. Therefore, I generally recommend ignoring them until one of two things happen. If they sue you, obviously lawyer up. Or, if you receive a written settlement offer for less than say 30 cents on the dollar - then maybe try to settle for 5 cents on the dollar. If you get a written settlement offer of 30-cents on the dollar or less. Pay an attorney to review the situation and make recommendations, based on a huge number of factors which I will not go into here, to guide you in whether a good settlement is 5 cents or 25 cents on the dollar - its situation specific. By ignoring them, it says to them that you don't care about it. If you don't talk to them, their decision to sue or not sue is largely derived from your credit report. If you talk to them, it means you care about the alleged debt. The lenders collection folks are trained to get little bits of information out of you which they will use to decide whether or not to sue you. In my prior career, I worked at Ocwen Financial managing their outside counsel foreclosure lawyers and later as a financial analysts, senior analyst and manager conducting loan purchase due diligence for Ocwen. I also worked as a consultant to Lehman Brothers, Countrywide, etc. This recommendation is derived from having been on both sides of the table.

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  • I am in Foreclosure. Do I respond to a Motion for Summary Judgment after it is filed, OR after it is set for a hearing?

    I am a little confused since I have seen different answers to this question. Also, how many days do I have to respond?

    Benjamin’s Answer

    You should not try to do this alone. You should lawyer up.

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  • What action should I take when mortgage servicer sends letter demanding $30k or foreclosure?

    My mortgage servicer sent me a letter demanding all my past due payments by June 1st or they'll foreclose (again). They've lost all 3 prior foreclosure attempts (1 voluntary dismissal and 2 involuntary dismissals w/out prejudice). Should I just ...

    Benjamin’s Answer

    Without knowing all the detail. I would wait for them to file a new suit. Depending upon the nature of the letter itself, possibly send a response that you dispute the debt. Otherwise, wait. If the foreclosure suit is filed, lawyer up. Look at a number of firm, including ours, and lawyer up.

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  • What about my 2nd mortgage ? Is there a way to eliminate their ability to foreclose ?

    My 1st mortgage has been dismissed "with" prejudice ... the SOL has clearly ran ... and a subsequent foreclosure case has been voluntarily dismissed after learning of the previous dismissal and SOL. However ... I have been thinking about ...

    Benjamin’s Answer

    Because the SOL is still being debated by the appellate courts, I would simply wait until you are either sued on the second mortgage, or until the appellate courts finally choose a final position on this issue.

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  • Just now finding out that my house foreclosure has a trial date set...

    On 10/16/2013 I was served with foreclosure papers on my home. On 11/13/2013 I filed a Motion for extended time to answer the original filing. I have heard nothing at all about this since my first being served. In a general conversation, a friend ...

    Benjamin’s Answer

    You should review a number of lawyers / law firm websites of the lawyers who practice in this area and possibly interview several to determine which lawyer is best. You need to act quickly to attempt to set aside the default.

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