Can I file a 2nd Motion to Dismiss based on newly discovered evidence, if I filed one previously for lack of standing?
Jose's answer
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Answered on November 05, 2015
As stated by attorneys Bilu and Golant, you cannot file a second motion to dismiss because "[a] motion to dismiss is limited to the "four corners"...
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I had a foreclosure in 2010. I have now learned of a deficiency judgement against us. What do I do? I now live in NC.
Jose's answer
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Answered on November 03, 2015
You need to hire an attorney to represent you here in Florida. I know it sound like an unnecessary expense, but it will be more expensive when the...
Archived
2nd mtg
Jose's answer
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Answered on November 03, 2015
It's been over a year since the judgment was issued. It is hard to give you an answer without more information. If you are litigating this case...
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The legal representative of the plaintiff mailed a "final Judgment" in a foreclosure matter to the Defendant without filing in
Jose's answer
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Answered on November 03, 2015
You can file a motion for rehearing within 10 days, but your case sounds complicated and it is impossible to advise you without reading the file. ...
I need to find out best course of action regarding ex-spouse who has gone into foreclosure on home that I am still on note.
Jose's answer
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Answered on November 03, 2015
Regardless of what the divorce settlement agreement states, you and your ex-wife are responsible for the mortgage. Since you are on the note and...
Archived
Cost for an appeal?
Jose's answer
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Answered on November 02, 2015
I agree with the previous answers. It depends on the case and the issues. In the field of foreclosure defense, I have seen them in the range of...
Is it normal for a foreclosing bank to ask the defendants for a deposition? What type of questions can one expect to be asked?
Jose's answer
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Answered on October 28, 2015
It is not typical for the bank to depose the defendants, but it does happen every so often. In your case, they will probably ask if you surrender...
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Do I need a real estate attorney?
Jose's answer
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Answered on October 27, 2015
You need to file a claim with your title insurance and maybe file an action against the title company because their negligence caused you damages...
Archived
How do I force a mortgage company (servicer) to honor the modification they signed and agreed to.
Jose's answer
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Answered on October 27, 2015
There has been some case law developments around the country that would help a breach of contract claim against the bank for failing to honor a...
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I was locked out of our commercial property without any legal proceedings. Can I sue the LL for my goods trespass, hardship?
Jose's answer
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Answered on October 27, 2015
This looks like a perfect wrongful eviction case. You may find an attorney that may be willing to do the lawsuit on a contingency or partial...
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