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Michael Alex Wasylik

Michael Wasylik’s Answers

53 total

  • How can i get quiet title or satisfaction of mortgage if the bank volontaraly dismissed its lawsuit against me

    i was served a lis pendis about 2 years ago i filed a motion to dismiss pro se and when the bank could not provide the original documents i ask for a year and a half later they volontaraly dismissed the lawsuit against me ,but without prejudice

    Michael’s Answer

    The dismissal without prejudice means that this lender could come back and attempt to re-file the foreclosure action later, within the five-year statute of limitations. Until that time, you probably have no legal basis for a quiet title action unless you can show that the mortgage is somehow invalid (which it may be).

    Five years after the "acceleration" of the Note, which is no later than the date the foreclosure was filed in most cases, the mortgage may no longer be enforced and no lender may file a new suit to foreclose. At that point, and probably not before, you would have grounds to quiet title.

    (Note that acceleration may have happened earlier, if you got an express acceleration notice.)

    It is very likely that this foreclosure action will be re-filed against you by a different attorney and perhaps even a different plaintiff. Be very careful from here on out and make sure to consult with an experienced foreclosure defense attorney if you do get served with another lawsuit.

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  • I have been waiting for a goverment "mortgage work-out" for well over 1 year. what do you think is going to happen?

    we missed two payments on our home one at the end of 2007 and one in Feb.of 2008. In march of 2008 Flagstar bank said we were eligible for the goverment program, they said they would lower our 12 pt. interest rate but it was going to take time to ...

    Michael’s Answer

    It's impossible to answer this as a legal question. What you seem to be asking is whether your work-out will be approved. If they've told you to wait, then they are apparently still deciding, but I cannot imagine what reason they would have to hold off this long if you were going to be approved.

    If the work-out is denied, and the bank begins foreclosure proceedings, you may have a number of strong defenses to the foreclosure case. Consider talking to an experienced attorney who deals in foreclosure defense.

    I've written an Avvo guide, published right here, about the foreclosure process, which you can read at

    Also, my firm offers a free 30-page guide, which you can download and start reading immediately, which gives an overview of how foreclosure cases can be defended. You can get that free download at and get an idea of what awaits you down the road if your work-out falls through.

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  • In a foreclosure, what is a "Notice that cause is at issue?" (Please read my details, I really need help)

    I cant afford a lawyer, My house has been in foreclosure for almost two years, and today I recieved a letter from the judge saying that "if some good faith record activity........ such as a motion for summary judgement or notice that cause is at i...

    Michael’s Answer

    Don't get too excited. This happens frequently in foreclosure cases that I handle - all it means is that no one has filed anything with the court in some time. A few days before the deadline, the plaintiff's law firm will file some paper with the court that will count as "record activity" just to keep the lawsuit alive.

    It is likely that the result will be a summary judgment filing by the Plaintiff. But bankruptcy is not your only option, and depending on your circumstances, may not help even a little bit. If you have the money to file for bankruptcy, you may have the money to hire an experienced attorney to defend the foreclosure case for you.

    I've written an Avvo guide, published right here, about the foreclosure process, which you can read at

    Also, my firm offers a free 30-page guide, which you can download and start reading immediately, which gives an overview of how foreclosure cases can be defended. You can get that free download at and that may give you some ideas about whether bankruptcy or foreclosure defense is your best bet.

    Good luck!

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  • I was just served foreclosure papers on what was our first house. We were forced to walk away after my wife and I both lost jobs

    Both houses are hopelessly upside-down...We are living in the second house in another city which we hope to keep. There was no reason to stay in the other city due to loss of jobs. Still no income, just living on what's left of savings, and still ...

    Michael’s Answer

    I agree with the previous answer. You said you have " idea how to respond."

    An attorney who regularly practices in this are of law will. And you should no more handle this yourself than you would remove your own appendix - the results in both cases will be messy and very painful.

    You're fortunate, that you're in Flager County, as many of the judges in that area who hear foreclosure cases have heard of and been receptive to the excellent defense lawyers who practice there.

    You may have literally dozens of ways to defend this foreclosure. But you'll probably never find them unless you talk to a lawyer.

    My firm offers a free 30-page guide, which you can download and start reading immediately, which gives an overview of how foreclosure cases can be defended. You can get that free
    download at and that may give you some ideas about where to go next.

    I've also written an Avvo guide, published right here, about the foreclosure process, which you can read at

    No matter what you choose, good luck!

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  • How are Florida courts ruling on foreclosure defendants' so called "poison pill" motions re SPVs & securitized mortgages?

    The motion alleges that because securitized mortgages are held by a Special Purpose Vehicle (SPV) and the SPV has failed to register (presumably under the declaration of trust statue in FL Stat 609), the mortgage is unenforceable. And, unless the ...

    Michael’s Answer

    I practice in the area of foreclosure defense and communicate on a daily basis with hundreds of other foreclosure defense attorneys across the State of Florida.

    I have never heard of a single successful motion of this kind. If there are any successes, they've been kept very quiet.

    I know that there are people out there selling, for very high prices, canned motions that raise these defenses, but if you're even considering buying them, ask first if the seller can provide even a single order where a court has agreed with a SPV-based defense motion - and then go to the courthouse, pull the file, and verify it for yourself.

    (While you're there, grab a copy of the motion - most clerks of court will charge you $1 per page.)

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  • Foreclosure paperwork received this weekend.

    I have a 2nd home that is being foreclosed upon. I have a contract with a buyer for a short sale but waiting to here from the bank. We inserted a "no deficiency" clause into our contract but not sure if the bank will accept this. I have about $...

    Michael’s Answer

    Q: Will the bank accept the no deficiency clause on our contract?

    There's no way to tell. Some banks are willing to do this, but in my experience lately, most are not. Without some leverage, especially the kind you get if you've raised a vigorous defense to the foreclosure case, you've got almost nothing to bargain with.

    A: If my assets are in an account with my wife, who is not on the note, can the bank come after those assets?

    If you have an account that is held as "tenants by the entirety" then creditors of only one spouse cannot, in most cases, reach those assets. If you have any doubt about whether you account is held as tenants by the entirety (a common way for married people to hold assets jointly) then you should ask the institution the account is with. Also, be careful if the account is with the same institution as your loan. Many depository agreements allow the bank to apply assets in the account towards any unpaid debts no matter who else is on the account. (In such a case, you may want to move your assets to a different bank IMMEDIATELY)

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  • I am right now in foreclosure do I need to pay the association fee where I live ???

    I am right now in foreclosure do I need to pay the association fee where I live would they towed my car

    Michael’s Answer

    Like the previous attorney answering, I always advise my clients to pay HOA/Condo Association fees if at all possible. Even if the lender is already foreclosing, the HOA/COA can make your life more difficult by piling on a foreclosure of their own - sometimes, they will do so much more quickly than your lender - and it is often more difficult to defend a COA/HOA foreclosure for assessments than a lender foreclosure.

    Also, if you fail to pay your assessments, the HOA/COA may have other remedies, like denying you access to common areas (such as clubhouses, pools, and parking lots) depending on the governing documents of the Association.

    Finally, if your lender has begun foreclosure proceedings, it may often be possible to defend that case and prevent the loss of your home. If you're in double foreclosure because you've missed payment on association fees, though, you could win one case and still lose the home. Better to fight only on one front.

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  • After foreclosure can the bank take assets , cd's, ets.

    I had a house built in 2005 and it took almost a year to build the home. During that year my credit got messed up so my grandfather put the house in his name until I could get it put in my name. Well that did not happen instead I found a company ...

    Michael’s Answer

    There are two questions here:

    1. Can your grandfather be held accountable for your home loan, and
    2. Can the plaintiff go after your grandfather's assets if he is responsible for the loan?

    First, if your grandfather signed on the loan as either a borrower or a guarantor, then he could be held responsible for any default or shortfall. His credit rating will surely suffer a hit from the non-payment and if the foreclosure auction does not generate enough money to cover the loan, the plaintiff could pursue a deficiency judgment against him.

    Second, if the plaintiff obtains a deficiency judgment, they could attempt to use his non-exempt assets to satisfy the debt. This would include some investments like stocks - except those held in retirement accounts - and real estate other than his homestead. (Some exceptions may apply.) If he dies, they may file a claim against his estate.

    In order to prevent a deficiency judgment against your grandfather, and to protect his assets, you'll want to talk to a foreclose defense lawyer.

    If you want to learn more about how a foreclosure defense can protect you and your grandfather, you can download our free 30-page ebook that talks about Florida foreclosure defense.

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  • What can i do so you'll can help me with the sale of my condo being so close. For it not to go to foreclosure,

    I have a court date when my condo is going for sale. I need to know what to do. Because i am a week away. The date is May 8, 2009. Please if someone can contact me please.

    Michael’s Answer

    I don't know of any way for anyone to contact you, but I wanted to write anyway because others may have a similar question.

    If the home hasn't been sold yet, it's not too late to get help. However, it is much more difficult for anyone to help you at this stage, and the chances of success are much slimmer.

    In order to prevent the sale, you would need the court to cancel the sale by order or have the plaintiff agree to cancel the sale. Neither of this are a guarantee, and you'd need some kind of good reason to do so. For example, you may find out that you were never properly served.

    Either before or after the sale is cancelled, you will almost certainly need to have the final judgment set aside. Again, this is possible, but often difficult, unless you were somehow deceived into failing to respond to the lawsuit. A good attorney can run through with you the grounds you might have to set aside the judgment,

    From there, it's a question of what you're trying to accomplish. This is also something you'll need to discuss with a competent attorney.

    If you want to speak with a lawyer about this case, you can contact me at my office (see link below). Also, you can download our free 30-page ebook that talks about Florida foreclosure defense and how to go about saving your home.

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  • Assignment of mortgage not recorded

    i live in florida and under foreclosure. I answered my foreclosure on my own. They said they lost the note and wanted it re-established. I argued the point and filed. Now they found it and the assignment but the assignment was not filed and it was...

    Michael’s Answer

    "Finding" a supposedly "lost" note is extremely common, and it's the biggest pitfall of the "produce the note" defense handled by a on-lawyer.

    Now, it sounds like you've done some reading, and you've spotted some issues with the assignment, but really aren't sure how to handle it. Assignment fraud is common enough that you are right to be worried about it, but the only real advice I can give you is to echo what Ms. Golant has already told you: if you're in surgery, you need a doctor; if you're in a lawsuit, you need a lawyer.

    Trying to handle either one by yourself is a sure way to get a messy, painful, unhealthy result.

    You almost certainly need to consult with a lawyer who handles Lake County cases, before you do any more damage to your defense.

    Our firm offers to Florida consumers a free 30-page e-book that discusses many of the approaches to defending foreclosure cases in Florida:

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