James A Boatman Jr.’s Answers

James A Boatman Jr.

Naples Business Attorney.

Contributor Level 3
  1. Cape Coral investment house was foreclosed 3 yrs ago, now junk debt buyer is trying to collect on alleged deficiency...

    Answered 11 months ago.

    1. James A Boatman Jr.
    2. Jacqueline Alicia Salcines
    3. Dorota J. Trzeciecka
    3 attorney answers

    Your situation presents a series of interesting issues, not the least of which is the quality of the alleged assignment of the deficiency rights to the bottom-feeder that is now making demands upon you. A substantial majority of the "paper" originated during the "bubble" was ostensibly securitized into REMIC trusts. Most of the time, the assignments into said trust failed, leaving substantial issues as to ownership and control. I handle many cases involving such paper and could provide you...

    Selected as best answer

  2. Can I get damages for a breech of settlement agreement?

    Answered 12 months ago.

    1. Marshall C Deason Jr.
    2. Thomas Michael Bates
    3. James A Boatman Jr.
    4. Dave Bahr
    4 attorney answers

    As the other responsive attorneys have identified, there are several "layers" of this onion, and a meaningful analysis is difficult without additional information.

    2 lawyers agreed with this answer

  3. How do you find an attorney that will go up against the city of cape coral

    Answered 12 months ago.

    1. Gray Richard Proctor
    2. James A Boatman Jr.
    3. Rafal Strzalkowski
    3 attorney answers

    To avoid potential political influence, you could try and find an attorney who was relatively close to your area for logistical purposes but far enough away from the City to not be part of the political or relational "fabric". Naples, for instance, might be a good place to start your search.

  4. I have a signed lease to own aggreement with a buyer who falsely represented themselves, can I repossess the vehicle?

    Answered 12 months ago.

    1. James A Boatman Jr.
    2. Barry A. Stein
    2 attorney answers

    It is not clear from your inquiry whether you co-signed a lease or whether the vehicle is yours and you leased it to the person. Whether or not you can repossess (or replevin, as it is technically referred to in Florida) the vehicle depends on this fact. If you are the title owner of the car you may be able to repossess the vehicle but you should obtain some assistance from an attorney knowledgeable in that area. The statute is fairly straightforward but there are some nuances of which you...

  5. I'm a non-resident alien owning a condo in Fort-Myers. I concluded an agreement with a management company and HOA are not paid

    Answered 12 months ago.

    1. Kyndra L. Mulder
    2. Sergio Cabanas
    3. James A Boatman Jr.
    3 attorney answers

    You appear to have a remedy against the management company. However, as a practical matter, you need to square up with the HOA. The extra charges and fees incurred in that undertaking will be part of the damages you will want to seek against the management company. Was the management company not providing you monthly accountings of how the gross proceeds of rent were being utilized?

  6. I have a couple judgements against me from 1998 can what choices do I have? And is judgement wiped away after a certain time

    Answered 12 months ago.

    1. Heather Morcroft
    2. Brian David Zinn
    3. James A Boatman Jr.
    3 attorney answers

    The key to making a sound decision about dealing with a judgment is to obtain legal counsel from an attorney who handles both pre-bankrutpcy matters as well as bankruptcy. As addressed by one of the respondent attorneys, there are certain protections afforded under Florida law which, depending on your financial situation (and other factors, like whether you are married vs. who is actually named in the judgment), may provide you sufficient protection from a judgment creditor without the need...