Why does a case need to be opened to schedule a foreclosure sale but not to file a motion?

I can understand your confusion. The status of a case being "closed" is merely an administrative designation. It does mean, however, that the...

Foreclosure question

Exactly as counsel has suggested. You still have an opportunity to seek Ch13 BK protection if you want to keep the home. But you will need to do...

I baught a vehicle and there was a transmission problem with it. Not even a month after i baught it.

Based upon the details provided it appears that you did in fact use the vehicle to pull a trailer that was too heavy. If that truly is the case,...

Is the taking of money or property through fraud or misrepresentation illegal under Florida Law?

You may have a claim for fraud, however, I have concerns about your due diligence before lending the money. What questions did you ask of your...

When is the best time to file for Chapter 13 . . before or after foreclosure trial

I agree with Ms. Golant. If yoi wait until the state court rules and a foreclosure judgment is entered your ability to raise the issue in BK court...

If the Supreme Court supports the concept of subsequent defaults ... won't that defeat all foreclosure defenses ?

SOL is just one affirmative defense. What I equequally important is that the bank still must prove its prima facie case which is what the vast...

Foreclosure suit - any kind of SOL?

In addition to the other attorney answers the BK you filed only stayed the foreclosure action. It would not have resulted in a dismissal of the...

My spouse has filed for bankruptcy in our dissolution case in St Johns County. Should I do the same to protect my assets?

The facts presented are somewhat bare bones. What debts do you have? Are they joint obligations with your soon to be ex wife? Are you currently...

Our landlord owes 4 grand in mortgage...property in foreclosure, not paying HOA fees, grounds to break lease?

No. Your contract is with the landlord. His failure to pay the mortgage debt has no bearing on your obligation to continue paying your lease. In...

I believe the answer lies in the status of the case. If there was a Final Judgment of garnishment in place and then your claim of exemption was...