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Edward Carnel Combs Jr.

Edward Combs’s Answers

44 total


  • How can I stop a foreclosure when I acquired title to the house sale after a final judgment was entered in favor of the bank

    I have title to a home purchased at a HOA auction. A bank filed a lawsuit to foreclose and obtained a default Final Judgment (against the previous owner) before I purchased the house. There has been no sale yet, but one is set to happen very soon....

    Edward’s Answer

    I have seen your situation before while I was representing lending institutions. Were you represented by counsel when you purchased the property at the HOA sale? The previous answer are 100% correct in that you purchase the property subject to the purchase money mortgage. Find out if the bank's mortgage was a purchase money mortgage or a line of credit mortgage. I suggest you speak with a qualified foreclosure attorney in your area immediately.

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  • What If i answer my HOA's summons within required 20 days and I recieve a notice of default on the 21st day by HOA's attorney

    I answered my HOA's summons and stamped it at the courthouse on the 20th day)( last day to answer on time, but the the HOA's attorney rushed to judgement and sent me a notice of default on the 21st day before they received my stampedl copy by mai...

    Edward’s Answer

    I agree with the previous answer. What seems a bit odd is that you actually filed the Answer at the court house and, presumably, the clerk file stamped the Answer. If I am reading your question correctly and the HOA actually obtained a Default and sent you notice of the same, usually, that would have been precluded due to the fact that the clerk would have noticed the filed Answer. What may have occurred is that the HOA did not actually obtain a default but rather filed a Motion for Default. In this situation, the clerk will either deny the Motion or you can contact the HOA attorney and request that they voluntarily withdraw the Motion. I strongly suggest that you speak with an attorney immediately to ensure that you do not waive any possible defenses to the underlying action. Best of luck to you.

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  • I have been sereved a foreclosure notice. How do I draft an answer to the court?

    I went to the law library at the Pasco County courthouse but could find nothing

    Edward’s Answer

    A properly drafted Answer is one of the most important aspects of the foreclosure process and, more often than not, should only be attempted by a qualified attorney. Foreclosure law is very technical in Florida and the opportunity for a pro se litigant to "miss" something is great. For example, some individuals can raise a myriad of reasons to dismiss the complaint outright. Also, with the Answer goes the Defendant's affirmative defenses which, if not raised, may be deemed waived. As such, I strongly recommend that you seek out legal counsel immediately.

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  • Bank dismissed the foreclosure! What does this mean? Is the house mine, and where is the deed?

    Went to foreclosure and then in Sept of 2008 I got a notice stating that the Defendant dismissed the foreclosure! What does this mean? Who has the deed and what do I do now? Please help me.

    Edward’s Answer

    In order to fully answer your question, we would need to know what type of dismissal was filed by the bank. Usually, we see the bank file a "voluntary dismissal without prejudice" which means that they can, generally speaking, file the lawsuit again. They can file this type of dismissal once. Only a dismissal with prejudice or a second dismissal without prejudice will preclude them from filing the foreclosure action again.

    Banks file this type of dismissal (voluntary without prejudice) for a number of reasons. I suggest you take the case information to a qualified attorney for review.

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  • What must be included in a foreclosure response letter?

    What must be included in a foreclosure response letter?

    Edward’s Answer

    I must agree with the prior answers. A responsive pleading (or a Motion to Dismiss, which is not a responsive pleading) is time sensitive. Deadlines are critical in legal matters and the use of a qualified attorney is strongly recommended. Even attorneys, when they find themselves as litigants, need the assistance of legal counsel. If you find this response helpful, please click on the “thumbs up” button at the bottom.

    Edward C. Combs, Jr., Esq.
    edward@emerituslaw.com
    2700 Westhall Lane
    Suite 135
    Maitland, FL 32751
    407-310-6305
    www.emerituslaw.com

    DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT A QUALIFIED ATTORNEY

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  • Foreclosure and Second Mortgages

    If the first mortgage is foreclosed on...can i still pay my second mortgage to the financial institution? I really want to pay the second mortgage money owed.

    Edward’s Answer

    I agree with Ms. Golant wholeheartedly! While a foreclosure action with regard to the first mortgage will affect the rights of the second mortgagee (junior lien holder), it does not remove your obligation to pay the debt on the second mortgage (and, possibly, any deficiency on the first mortgage subsequent to a foreclosure sale). Further, a Chapter 13 bankruptcy can, in certain circumstances, strip away or "cram down" the second mortgage. Aside from the moral (and legal) obligation to pay the second mortgage, I don't know why you otherwise feel compelled to honor the second mortgage debt in light of the foreclosure on the first. When dealing with mortgages, usually we are talking about significant amounts of money and thus, significant amounts of legal exposure. I strongly suggest you speak with not only a qualified bankruptcy attorney, but a foreclosure defense attorney as well. There are a number of avenues you may be able to explore in light of your foreclosure. If you find this response helpful, please click on the “thumbs up” button at the bottom.

    Edward C. Combs, Jr., Esq.
    edward@emerituslaw.com
    2700 Westhall Lane
    Suite 135
    Maitland, FL 32751
    407-310-6305
    www.emerituslaw.com

    DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT A QUALIFIED ATTORNEY

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  • Will my forclosure affect my fiance's home?

    I own a home in Florida with my ex husband because he was unable to refinance the property to get my name off the loan. He currently still resides in the property but has not paid the mortgage in almost a year. I am engaged and plan on getti...

    Edward’s Answer

    For the purposes of this question, I will assume that your fiancé resides in the State of Florida and that his home is located here as well. If the home that is in default is foreclosed on AND the lender/Plaintiff can obtain a deficiency judgment against you and your ex, your fiancé will not lose his home. The reasoning behind that is that the debt is yours and not your fiancé’s. Your creditors cannot come after the assets of your "new husband" (assuming you marry). Please note that I am speaking in generalities and there some rare situations that can take your case out of the "general rule" category. Yet, remember that YOUR creditors can generally only go after assets that are in your name. If you find this response helpful, please click on the “thumbs up” button at the bottom.

    Edward C. Combs, Jr., Esq.
    edward@emerituslaw.com
    2700 Westhall Lane
    Suite 135
    Maitland, FL 32751
    407-310-6305
    www.emerituslaw.com

    DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT A QUALIFIED ATTORNEY

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  • What is a NOTICE OF CONCILIATION! Mortgage

    I was awaiting a MortgageLoan Modification with Chase and my case was reffered over to their attorneys ,who I noticed filed a Notice of conciliation , according to public court records. What does NOTICE OF CONCILIATION mean?

    Edward’s Answer

    Generally, a Notice of Conciliation in Florida foreclosure cases is a notice that the parties (you and the Bank) are going to get together and try and come to a resolution on your own. This is analogous (in most situations) to mandatory mediation. In most of Florida, the Bank is mandated to go through a mediation or conciliation program with you PRIOR to obtaining a final judgment on the foreclosure. I strongly suggest you speak with a qualified foreclosure attorney as soon as possible. If you find this response helpful, please click on the “thumbs up” button at the bottom.

    Edward C. Combs, Jr., Esq.
    edward@emerituslaw.com
    2700 Westhall Lane
    Suite 135
    Maitland, FL 32751
    407-310-6305
    www.emerituslaw.com

    DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT A QUALIFIED ATTORNEY.

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  • Is there always a hearing in a foreclosure case?

    My mother owns a home in Ft. Lauderdale which the pleading was served August 2009. To date she has not been advised of a court hearing. Is there always a hearing in a foreclosure case.

    Edward’s Answer

    • Selected as best answer

    I'll assume for this answer that your mother was served with a Complaint in August 2009. After she was served, she had 20 days in which to file a responsive pleading. If she did not, the Bank/Plaintiff can obtain a default judgment without a hearing. That is not the end of the case though. The Bank then will need to get a final summary judgment and there must be a hearing on that issue. Your mother has to receive notice of that hearign as well. Chances are that the Bank has yet to set that hearing (if your mother has not yet been noticed). It is imperative that she protect her rights and I strongly suggest that she contact a foreclosure defense attorney. If you find this response helpful, please click on the “thumbs up” button at the bottom.

    Edward C. Combs, Jr., Esq.
    edward@emerituslaw.com
    2700 Westhall Lane
    Suite 135
    Maitland, FL 32751
    407-310-6305
    www.emerituslaw.com

    DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT A QUALIFIED ATTORNEY.

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  • My husband has a daughter in Ohio that we want to get custody of, i want to know what i have to do to get custoy. And he has a

    daughter in Atlanta GA that we want to get vistation rights to, how do i do them both? the one in Alanta just filed for child support.

    Edward’s Answer

    Usually, your husband will want to petition the courts in the jurisdictions where the children reside. That is to say that he needs to go to the family court in the respective counties in those states. There are a number of other issues that need to be determined, i.e., has paternity been established and is he currently paying child support. I suggest that your husband speak with an attorney who is licensed in those states as well as a local family law attorney. If you find this response helpful, please click on the “thumbs up” button at the bottom.

    Edward C. Combs, Jr., Esq.
    edward@emerituslaw.com
    2700 Westhall Lane
    Suite 135
    Maitland, FL 32751
    407-310-6305
    www.emerituslaw.com

    DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT A QUALIFIED ATTORNEY.

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