Archived
Is there a time limit from when a COA files a intent to foreclose lien and when they file the complaint to foreclose lien?
Ben's answer
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Answered on July 01, 2012
If you contested the lien, then they had 90 days to proceed with an action to enforce the lien. Otherwise, there is no time limit on filing the...
Archived
I live in Florida and have a lease with a property management group. House is in foreclosure, can I move out?
Ben's answer
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Answered on July 01, 2012
I know of no law in Florida that would give the right to a tenant to simply move out because they were lied to. You may be able to commence suit...
Archived
Bank lost Original note from morgage agreement they file a copy of it stating some case law it now represents the original
Ben's answer
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Answered on July 01, 2012
As noted above, it appears that the foreclosure sale was vacated, not necessarily the Final Judgment. At this point, now that you have some time to...
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Archived
I am being wrongly included in a foreclosure lawsuit and have confirmation from BoA that I am not part of the loan
Ben's answer
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Answered on July 01, 2012
If the Motion to Dismiss does not work, you can also try to go to the Final Judgment Hearing and explain to the Judge that you are not on the Note...
Archived
What happens to the second mortgage when the first mortgage forecloses on house?
Ben's answer
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Answered on July 01, 2012
Your second mortgage lender may pursue you on the Note personally. However, for practical purposes, I have rarely seen them do this if they...
Archived
Can I file a counter suit on my mortgage company for not negotiating in good faith?
Ben's answer
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Answered on July 01, 2012
Generally, the lender has no legal obligation to negotiate with anyone to modify the loan or to work out an alternative plan. However, if you have...
Archived
If bank you are suppose to pay goes under and bank that takes over doesnt have an assignment of mortgage,can they foreclose?
Ben's answer
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Answered on July 01, 2012
When a bank takes over for another bank, there is typically a filing with the Comptroller of the Currency of the United States. The new bank steps...
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Archived
Can HOA collect on old assessments supposedly included in claim of lien after house is bought at HOA sale?
Ben's answer
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Answered on July 01, 2012
You need to check to see what the amount of the Judgment was and to determine what you paid at the foreclosure auction. Maybe for some strategic...
Archived
Not sure of status on house. Cannot get any information from Foreclosure Attorney or Chase Home Finance. Terrible situation.
Ben's answer
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Answered on July 01, 2012
Some Counties in the State of Florida do offer a legal aid service that may assist you in the foreclosure matter. You can contact your County's Bar...
Archived
Forclosure Florida.would a Independentforclosurereview.com constitute activity on the record to prevent LOP?
Ben's answer
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Answered on July 01, 2012
Generally, when you are being sued, and the parties fail to proceed with the case for long periods of time, the Court, often on its own Motion will...
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