Questions answered by Kim Christian DSouza

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In a foreclosure property in MD that went to sale and was ratified by the courts, but the deed is still in my name who owns it?

Kim's answer | Answered on March 31, 2014

If the court issued an judgment ratifying transfer of title out of your name, get a certified copy of the order from the court, and present it to...

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Hi, do I need to file a power attorney to the court of New York when my dad is in Miami and I live in NY?

Kim's answer | Answered on March 31, 2014

I am assuming that you are using the term Power of Attorney correctly, and not referring to a health care proxy. In either event, if your dad is...

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If previously rented unit for 1 year, but landlord did not own the house (at any point), can we sue for all pad rent?

Kim's answer | Answered on March 31, 2014

Generally speaking you must have suffered damages in order to recover. If you lived in the home during that time, and you were willing to pay the...

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How can a bank claim against an equity loan on my parents estate when the mtg and equity ayments have been up to date

Kim's answer | Answered on March 31, 2014

The mortgage survives the passage of your parents, and the estates takes the liability as well as the assets. One solution is to rent out the...

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No Amortization schedule was signe with "family Loan" letter. Just a letter was signed stating the money was for a

Kim's answer | Answered on March 31, 2014

If only the a letter was signed, then you did not execute a mortgage. Are you talking about a different loan? Either way, you may be able to...

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Can a spouse with POA apply for credit cards without permission?

Kim's answer | Answered on March 31, 2014

No. Someone cannot have a Power of Attorney "over" someone else. A power of attorney is freely entered into, constitutes your consent, and no...

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Property already in rem

Kim's answer | Answered on March 31, 2014

Yes, but your use of term "in rem" suggests some confusion about exactly where you are in the process. You can call, or visit, the office of the...

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Should the answer to a foreclosure complaint be general denial or detailed?

Kim's answer | Answered on March 31, 2014

Do not forget you can also put counterclaims in your answer... at the very least Quiet Title pursuant to New York Real Property Actions and...

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Should I sent payments for a deferred/loan modification trial without documents from my mortgage bank?

Kim's answer | Answered on March 31, 2014

How would you know how much if the trial modification payments were, if you had not received a trial modification offer? HAMP regulations require...

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I received a Summons for Foreclosure. How do I respond (serve a copy of Answer on the Plaintiff's Attorney).

Kim's answer | Answered on March 31, 2014

There is a high court will consider you to have waived any defenses that you do not raise in a timely submitted answer. However, even if you have...

Kim Christian DSouza's Answers (511)

In a foreclosure property in MD that went to sale and was ratified by the courts, but the deed is still in my name who owns it?

Hi, do I need to file a power attorney to the court of New York when my dad is in Miami and I live in NY?

If previously rented unit for 1 year, but landlord did not own the house (at any point), can we sue for all pad rent?

How can a bank claim against an equity loan on my parents estate when the mtg and equity ayments have been up to date

No Amortization schedule was signe with "family Loan" letter. Just a letter was signed stating the money was for a

Can a spouse with POA apply for credit cards without permission?

Property already in rem

Should the answer to a foreclosure complaint be general denial or detailed?

Should I sent payments for a deferred/loan modification trial without documents from my mortgage bank?

I received a Summons for Foreclosure. How do I respond (serve a copy of Answer on the Plaintiff's Attorney).