What happens if a foreclosure auction was cancelled and the case closed by the court because the bank did not produce the note?
Roy's answer
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Answered on January 22, 2014
The process will start over again from the beginning. The Plaintiff will have to file a new case and you will have to be served.
After you get...
Should a reaffirmation have been done?
Roy's answer
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Answered on January 22, 2014
Under these facts I would have strongly recommend that you not reaffirm. If you insisted I would have not signed off on the reaf and let the...
Archived
Can I file bankruptcy
Roy's answer
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Answered on January 21, 2014
Many bankruptcy attorneys offer free consultations. Take the time and sit with a local bankruptcy attorney and they will be able to advise you.
Archived
If a person has a judgment against them and doesn't go for a deposition, what will happen?
Roy's answer
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Answered on January 21, 2014
Given your son's situation I would think he would want to go to the deposition. Once he demonstrates he has no income the Creditor may be willing...
Archived
Life estate on Condo in Florida
Roy's answer
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Answered on January 21, 2014
D's interest in the condo would be an asset in her bankruptcy case to the extent it has value.
Archived
Discharged bankruptcy and foreclosure-process for "giving back" house?
Roy's answer
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Answered on January 20, 2014
The debt was discharged in the bankruptcy cases, therefore there is no "debt foregiveness" and no tax liability.
Be aware though if you were to...
Archived
During chapter 7 bankruptcy the primary mortgage was not reaffirmed. Released now from bankruptcy cannot refinance mortgage.
Roy's answer
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Answered on January 20, 2014
Instead of looking just to refinance the first mortgage, since there is "lots of equity in the home", look to consolidate both mortgages into one...
No asset case - but my income is 100K. 50K credit card debt, two loans against my pension (6K), and 150K student debt. What is
Roy's answer
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Answered on January 20, 2014
There is no way to answer these questions without much more information. These are very important issues to you. Take the time and see a local...
Archived
Need to file bankruptcy, but can afford all the cost
Roy's answer
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Answered on January 19, 2014
Many bankruptcy attorneys offer free consultations and payment plans. In some cases filing fees and class fees can be waived.
If you are...
Archived
Which is better? Filing Chapter 7 just before the summary judgment hearing or just before the foreclosure sell?
Roy's answer
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Answered on January 19, 2014
You are correct. If your goal is to prolong your time in possession, the best time to file your Chapter 7 case is before the Summary Judgment...
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