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Joshua Andrew Smisko

Joshua Smisko’s Answers

195 total


  • We are the plaintiff and are suing our real estate agent for intentional misrepresentation of absent of title in 2008.

    We had served the real estate agent a Dep. Subpoena and her response is: She does not have custody of any real estate apps. and related paper works from 2008's transaction! Questions: a.) Is the real estate and real estate office...

    Joshua’s Answer

    You should consult with a lawyer. Your questions are not clear.

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  • Can you overturn a sale on your home after its been sold?

    my home was sold at action today and after talking with the bank yesterday they said send in a letter of intent and i would receive a 30 day extension to pay my rears but they sold it anyways is there anything i can do at this point i don't want t...

    Joshua’s Answer

    I would agree. If the bank said they would give you an extension and then sold, they may be in the wrong. Seek an attorney immediately to review your claims.

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  • How do i file ca civil code 2924 g (c) i wish to challenge the foreclose proceeding of America and green tree, sale date tomma

    my father passed away in 2007 i have made payments to bank of America since his demise till about 12 months ago when times got really difficult. i have a sale date of 10/23/2013 at 10am i feel wronged in so many ways im on title but not on the loa...

    Joshua’s Answer

    If your sale is today you most likely have no time for an injunction.

    Regardless, find an attorney and you can still file a lawsuit post-foreclosure and possibly seek rescission in that suit. An attorney that can review all of your documents would be better to advise you.

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  • Home foreclosure

    My home was foreclosed on in September or October 2009, immediately after my husband passed away. The mortgage was in his name. I made several attempts to discuss with mortgage company and the attorneys and they ignored and went through the forecl...

    Joshua’s Answer

    I agree with Mr. Graham, you may have valid claims. Find an attorney to talk to. Did they evict you as well? There might be additional claims.

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  • Do I need a real estate attorney?

    I am from California but bought a points based timeshare out of Arizona. Can they take the property back AND sue for the deficiencies? I am under the impression that in California it is one or the other but is it the same in Arizona or is it by my...

    Joshua’s Answer

    Yes, you should find an attorney that handles AZ real estate law.

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  • Why would my lender and trustee of the lender walk away from my loan? or withdraw?

    the only people coming after me now is a new servicer in which I sent in a QWR. Its been 60 days and they cannot answer it. If fact I stop receiving notices from the servicer as well since I sent them the QWR.

    Joshua’s Answer

    I wouldn't get too cocky about it. As one of the other lawyers mentioned, it is common right now for your previous note holder to transfer your loan to a new company to service it, for example from BofA to Ocwen or Nationstar. It will take the new company a month or two to process it and get everything up and running. If you are not paying your mortgage, they will come after you, eventually. A QWR matters little.

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  • Town home sold with out my knowlegde or signature off deed

    I had a town home I owned since 1997, in 2006 my partner of two years was put on deed by me, and I did a refinance so he too went on loan, In 2009, I filed a bk due to medical issues . So signed off the deed until the new loan closed, then was dee...

    Joshua’s Answer

    You should meet with a lawyer in your area to discuss the situation. There are many circumstances at work and a lawyer could help. You may also want to clarify your question here as well.

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  • Can I file a claim because I was denied my refinance loan due to HOA suspended and no proper insurance or fidelity bond?

    In 2011, I applied to refinance my home. Then we find out we have been suspended for years with no proper insurance and fidelity bond. Just recently the association purchased the fidelity bond. My interest rate would have been lower two years ago ...

    Joshua’s Answer

    Also keep in mind, if you sue the HOA over this, the HOA will hire an attorney that will cost a lot. This cost will be passed back along to you and other residents, same if you were to win any kind of judgment. Suing your HOA is a tough task.

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  • I am sueing chase for forclosing on my property i have a deposition on wensday i need a civil litagation attorney in realestate

    i had an attorney who was disbarred we won a summery judgement and now they want to depose me on wensday

    Joshua’s Answer

    Use the AVVO find an attorney search function to find an attorney that handles this type of law in your area. You may want to call the bank's attorney today and tell them you are hiring an attorney and request to delay the depo for 1-2 weeks.

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  • You indicated, that process takes about 30 days. If I leave in 3 days or before the eviction will I get a unlawful detainer?

    Once the home sells at foreclosure, the foreclosing buyer can have you evicted. As indicated, that process takes about 30 days. If you do not leave voluntarily, then they can get the Sheriff to forcibly remove you. How long you have in the house d...

    Joshua’s Answer

    You wouldn't have to leave right after the sale. Many times lenders (if they purchase the property) don't rush to evict. You could potentially be there for several months and even possibly be offered money to leave. I would give the process some time and talk to an attorney if necessary.

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