Is pre suit demand letter required/mandatory to be send to debtor in default before filing for a lawsuit?
Allen's answer
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Answered on January 09, 2015
I would recommend service of a demand by regular and certified mail as a prerequisite to suit. In the complaint you can then truthfully state that...
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If I already received a stay for eviction can I still file for a hardship stay???
Allen's answer
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Answered on January 07, 2015
Good luck in State Court. Your remedy to vacate the warrant for possession and vacate the writ of removal, due to the landlord's conduct, is in...
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If I filed a chapter 7 bankruptcy, mortgage was discharge. then the house is damaged due to fire. Who is responsible for damage
Allen's answer
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Answered on January 03, 2015
First check your insurance policy. If you do not have homeowner's insurance there is likely forced place insurance obtained by the mortgage...
May my Landlord-Debtor who has filed a chapter 11 reject my 30 year lease with option as tenant and evict me from the property?
Allen's answer
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Answered on January 03, 2015
I agree with Mr. Abbott. You absolutely need experienced Chapter 11 Bankruptcy counsel. The relevant statute is 11 U.S.C. section 365. You should...
Court initiated Dismissal Granted on my Foreclosed home
Allen's answer
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Answered on January 03, 2015
As long as you are the record owner of the property maintaining insurance is strongly recommended. If anyone is injured on the property they can...
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Can home with 1st and HELOC Mortgages (both without Notes) be sold to someone for $1 on paper to avoid foreclosure?
Allen's answer
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Answered on December 31, 2014
Although the notes were discharged in your prior Bankruptcy the mortgages, which are liens against the property remain. The FHA has the right to...
Archived
Judgment in my name from 2001 - Can't find th attorney, don't recall the creditor (Family Dentistry) such a general name - how
Allen's answer
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Answered on December 29, 2014
If it is a docketed judgment a judgment search should reveal the details regarding the judgment docket #, date, amount and name of plaintiff's...
How do I file a complaint against a bankruptcy lawyer that I hired to challenge a fraudulent bankruptcy who didn't do enough?
Allen's answer
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Answered on December 28, 2014
Much more information needed. There are potential statute of limitations, attorney ethics and legal malpractice implications. Was the chapter 7...
Archived
If I have a month to month leased, based on a six month time period and I move can they make me pay five months of rent?
Allen's answer
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Answered on December 26, 2014
Your relationship with your landlord is governed by the lease. If you consult with counsel you must bring a copy of the lease. If there is any...
Archived
Fdcpa in mortgage servicing and mortgage foreclosure
Allen's answer
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Answered on December 26, 2014
I agree that the creditor is not exempt from the FDCPA. This is a very detailed area of the law with some mandatory penalties, fee shifting,...