Rebecca Ann Kendel’s Answers

Rebecca Ann Kendel

Deerfield Beach Speeding / Traffic Ticket Lawyer.

Contributor Level 12
  1. What is a NOTICE OF CONCILIATION! Mortgage

    Answered over 3 years ago.

    1. Rebecca Ann Kendel
    2. Edward Carnel Combs Jr.
    3. Bernard James Conway
    3 lawyer answers

    Many court jurisdictions in Florida require conciliation conferences just as they require mediations. You, (an attorney for you if any), a lender rep, and a lender attorney will get on the phone and talk about the loan and possible options. Going along with the previous responses, you really should speak with an attorney. Many times the lender wants to receive updated paperwork from the borrower before the conciliation conference - this may lead to more fruitful negotiations. On the other...

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  2. Which is the correct security deposit amount?

    Answered over 4 years ago.

    1. Rebecca Ann Kendel
    2. Ayuban Antonio Tomas
    2 lawyer answers

    There is simply conflicting evidence as to the amount of the security deposit. I'm assuming this is a non-jury trial and will be decided by the Judge alone. It will be up to the Judge to weigh the evidence and decide what she or she finds most persuasive. If the Judge decides that the security deposit is only $400 despite your evidence to the contrary, it is possible to appeal it to the circuit court if you wanted to pursue it that far.

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  3. Can a lender go after my paycheck after a foreclosure?

    Answered over 4 years ago.

    1. Rebecca Ann Kendel
    2. Alan James Brinkmeier
    2 lawyer answers

    First of all, the lender must win at foreclosure to be able to take anything from you. You can fight their taking the property. If the lender wins they can have the property sold to satisfy their judgment against you. If they get less money from the sale than the amount of their judgment they may pursue a deficiency judgment against you. Only then would they be able to go after your other assets such as your paycheck; they could try to have your wages garnished, for example.

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  4. If I am facing foreclosure it should be recommended to close the checking and saving accounts from this bank?

    Answered over 4 years ago.

    1. Rebecca Ann Kendel
    2. Ayuban Antonio Tomas
    2 lawyer answers

    If you have your bank accounts with the same bank who holds your home mortgage, if the bank files a foreclosure action against you, it may be wise to switch your accounts to another bank. One reason is that the bank may be deemed a debt collector and use all information they can obtain from you towards collecting their debt. One thing that sometimes happens is that banks or their servicers will place you on a temporary loan modification just to get as much money out of you as they can,...

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  5. Does a civil processor have the rights to pepper spray our pets when they have done nothing to provoke it?

    Answered over 3 years ago.

    1. Joan M Bundy
    2. Rebecca Ann Kendel
    3. Keith G Langer
    4. Laura Mcfarland-Taylor
    4 lawyer answers

    One option may be to call the police. They will issue a report and charges for animal cruelty could be filed against the processor. It would be best to make sure you have enough proof of what the processor did so you don't risk charges for filing a false report. You should also take your pets to the vet to make sure they're ok and this could also be additional proof of the abuse. You could also file a civil action in court.

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  6. Will Plaintiffs attorney in a foreclosure lawsuit have to answer Request for production of documents?

    Answered over 4 years ago.

    1. Jose Ignacio Carrillo
    2. Rebecca Ann Kendel
    3. Margery Ellen Golant
    4. Ayuban Antonio Tomas
    4 lawyer answers

    When I worked for the foreclosure firm I saw a number of QWRs come in from homeowners. These are completely different from a request for production and the terms cannot be used interchangeably. If you filing a request for production and not a QWR then I'd defer to Mr. Carillo's answer about. If you filed a QWR rather than a RFP there a few things you have to be careful with for a QWR. First, it must be sent to the servicer of the loan. There is some disagreement in the courts as to...

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  7. Tenant rights under foreclosure process!

    Answered over 4 years ago.

    1. Rebecca Ann Kendel
    2. Jeffrey B. Lampert
    3. Clifford L. Tuttle Jr.
    3 lawyer answers

    Hi, if you have not signed another lease and your lease expired in March 2010, you are currently under a month-to-month tenancy, if you pay rent monthly. This means that you can terminate the tenancy by giving the landlord written notice not less than 15 days' notice prior to the end of any monthly period. If you want to stay in the property, you can continue to pay rent and stay there until either the landlord or other authority gives you lawful notice to leave. Additionally, Dade County...

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  8. Will you file a civil suite for me?

    Answered 2 months ago.

    1. Robert P Garven
    2. Clifford M. Miller
    3. Jason Eric Handin
    4. Rebecca Ann Kendel
    5. Rixon Charles Rafter III
    5 lawyer answers

    We are both lawyers and counselors at law. On the counselor side, good lawyers will often counsel their clients on whether filing a lawsuit is worth it. The litigation process is often a draining emotional roller-coaster which can take years. Based on what you've told us and the other lawyers' input, I would suggest directing your energy on healing and reducing stress, not on a lawsuit which would probably be a long shot at best.

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  9. Fullfilled my one year lease moved out and landlord only returning a portion of deposit.

    Answered over 3 years ago.

    1. Rebecca Ann Kendel
    2. Dennis Andrew Chen
    2 lawyer answers

    You would be better off having an attorney write a demand letter to the landlord demanding the return of your full deposit. If that fails, then you/your attorney may have to bring an action (most likely in small claims court) for the return of your deposit. Check to see if your lease agreement awards attorneys' fees and costs to the prevailing party; then you may be able to recoup your expenses. It sounds like you may have a good case for such a complaint if you left the property in the same...

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  10. I filed my Affirmative Defense denying all Plaintiff's allegations and stating the fact that I am not the owner of the home...

    Answered over 4 years ago.

    1. Ayuban Antonio Tomas
    2. Rebecca Ann Kendel
    3. Blaise E. Picchi
    3 lawyer answers

    You could try calling the law firm representing the plaintiff and asking for the title department. Once you have that department ask them to check their title report to verify that you are not the owner of the property in foreclosure. One reason you may have been named as a defendant is that you acquired an interest in the property which is showing up in the public records. However if you have never heard of this property before the foreclosure firm's title department could have made a...

    1 lawyer agreed with this answer

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