Questions answered by David Edward Borack

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Head of Household Exemption in FL and vehicles

David's answer | Answered on March 22, 2015

If a vehicle is taken as a judgment collection tool its called a replevin not a garnishment and therefore garnishment defenses do not apply. You...

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Can a Plaintiff that no longer exist sell a home in a foreclosure sale by motion of a Defendant?

David's answer | Answered on March 22, 2015

Confusing fact pattern to say the least. If you are looking to keep the home you may want to consider CH13 BK at this point. I suggest you do not...

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Do I need to respond to a Complaint For Foreclosure if I've already made a settlement payment in-full to the collections lawyer?

David's answer | Answered on March 21, 2015

I agree with Mr. Klurfeld. To properly frame a response I would want to see the Mortgage Note and I would want to see your settlement...

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How long does it take once the lis pendis has been filed to complete the foreclosure?

David's answer | Answered on March 21, 2015

There are so many variables. How aggressive are Plaintiff's lawyers. Do you have a competent lawyer. What defenses do you have. Much more...

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Incorrect acct open dates repeatedly reported on credit report. Items repeatedly double reported. Is this legal? What do I do?

David's answer | Answered on March 20, 2015

You are going to want to find a consumer rights attorney. In my opinion the best way to make your FCRA claim stick is to dispute the trade entry...

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I have an HOA filing motions in my foreclosure case, can an HOA be taken off the Defendants list and why are they there?

David's answer | Answered on March 20, 2015

Its fairly standard practice of HOAs to move bank foreclosure cases along. Too many banks fall asleep at the wheel. Its generally less expensive...

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Can I challenge the choice of law clause in this case?

David's answer | Answered on March 20, 2015

I would be looking for other substantive defenses to the foreclosure. I believe that the choice of law argument is a non starter. Find a...

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How do you calculate a 30 day deadline in a Florida foreclosure?

David's answer | Answered on March 20, 2015

I believe you can file electronically through the e-portal 24/7. Notwithstanding that I think you have until Monday to get something filed.

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Debt judgement statute of limitations

David's answer | Answered on March 19, 2015

A judgment that was entered in 2008 is good for 10 years and can be renewed prior to its expiration for an additional 10 years. Whether the...

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Will a Mortgage Modification in Chapter 7 stop a foreclosure sale? I just got my discharge but my case is still open.

David's answer | Answered on March 18, 2015

Has the lender sought a motion for relief from stay? Or did the other Defendant (possibly hoa) file your discharge info with the circuit...

David Edward Borack's Answers (94)

Head of Household Exemption in FL and vehicles

Can a Plaintiff that no longer exist sell a home in a foreclosure sale by motion of a Defendant?

Do I need to respond to a Complaint For Foreclosure if I've already made a settlement payment in-full to the collections lawyer?

How long does it take once the lis pendis has been filed to complete the foreclosure?

Incorrect acct open dates repeatedly reported on credit report. Items repeatedly double reported. Is this legal? What do I do?

I have an HOA filing motions in my foreclosure case, can an HOA be taken off the Defendants list and why are they there?

Can I challenge the choice of law clause in this case?

How do you calculate a 30 day deadline in a Florida foreclosure?

Debt judgement statute of limitations

Will a Mortgage Modification in Chapter 7 stop a foreclosure sale? I just got my discharge but my case is still open.