Archived
Does a mortgage company or bank have any legal rights to your property after an Chapter 7 bakkrupcy has been discharged ?
Mitchell's answer
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Answered on October 22, 2010
Not quite. The bankruptcy discharged your legal obligation to pay on the loan absent a reaffirmation agreement. The lien remains. If you do not pay...
How do you remove a Lien from the title record in Florida when debt was discharged?
Mitchell's answer
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Answered on October 22, 2010
Discharge does not remove the lien. You either need to file a Motion to Avoid the Lien (if it was involuntary) OR file an Adversary Proceeding in...
Archived
Can you lienstrip a 2nd Mort in Florida after Chapter 7 discharge?
Mitchell's answer
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Answered on October 22, 2010
Talk to a local attorney. There are options. First, there is a case in which attorneys are fighting for lien strips in Chapter 7. Unfortunately,...
Archived
Changing my mind about surrendering my investment property
Mitchell's answer
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Answered on October 22, 2010
I disagree, the only good reason I could see is to get the property out of your name quicker. The title change ends the responsibility for taxes,...
Archived
Can I change Attorneys in a bankruptcy
Mitchell's answer
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Answered on October 22, 2010
You can change attorneys any time you want. However, it is difficult to find an attorney willing to step in because of costs.
As far as your...
Does DMI dictates your monthly payment on chpt13 plan? - CA atty help!!
Mitchell's answer
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Answered on October 22, 2010
DMI is one of many factors. You payment is driven by DMI (which as others said is a legal fiction), actual disposable income (based on the...
Archived
Getting name off of home loan after a divorce
Mitchell's answer
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Answered on October 21, 2010
You can't unless he refinances. Your divorce does not affect your obligation to the mortgage company. Your ex, however, may still have obligations...
Archived
80/20 Interest Only Loan. Co-borrower passed away. Home underwater. Owner wants to walk, looking for options.
Mitchell's answer
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Answered on October 21, 2010
If the second lender does not agree, no short sale can be completed. If you let it go into foreclosure, that will affect your credit and you may be...
Archived
We need to get out of a timeshare that we can no longer afford due to our financial situation changing. How can we do this?
Mitchell's answer
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Answered on October 21, 2010
Try to sell it back to the timeshare company or sell it someone else. If not, stop paying and you will lose it. However, like not paying any...
Archived
How long do I have to live in my house after I surrender it?
Mitchell's answer
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Answered on October 21, 2010
Trailer homes are typically personal property subject to repossession and not foreclosure. If that is the case, it can taken at any time. Talk to...
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