Archived
Can an HOA file a lien or foreclose on your property for a rule that they do not enforce on other parcels (property owners)?
Jose's answer
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Answered on October 25, 2017
I agree. The rules can be enforced, even if selectively. You need to comply with the rules, pay the fines, and THEN sue the HOA if you think...
Archived
Can a new mortgage loan servicer disassociate themselves from dealing with the errors found in the borrowers' account?
Jose's answer
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Answered on October 22, 2017
I agree. The servicer will not ignore communications from an attorney. Hire an experienced foreclosure defense attorney as soon as possible.
Archived
Is mortgage or realtor responsible for an illegal roof when it was on inspection report?
Jose's answer
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Answered on October 17, 2017
Your inspection revealed that no permit was "pulled" for the roof and you decided to close on the property, so the person responsible is YOU. Not...
Archived
My condo special assessment was unpaid by due date. Do I have to pay condo’s attorneys fees for sending letter?
Jose's answer
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Answered on October 16, 2017
I agree with my colleagues. Generally, the associations have the right to charge attorney's fees in collection matters. Being timely in...
Archived
Can an action that was dismissed with prejudice be vacated and is there a SOL for them to file to have the order vacated?
Jose's answer
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Answered on October 15, 2017
I do not see anything wrong with the bank vacating the judgment and refiling based on your facts. It is time to hire a foreclosure defense...
Archived
A contractor is threatening to place a lean on our property for a job they did not complete. What do we do?
Jose's answer
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Answered on October 14, 2017
In my humble opinion, you need to let them finish the job. If after the job is finished you think the job is substandard, you need to hire an...
Archived
How do I cease property out a storage unit that isn’t in my name but my property is inside?
Jose's answer
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Answered on October 14, 2017
I agree with attorney Gaffney's succinct and right on point answer.
Archived
My grandmother passed away this week and I have a question about her house.
Jose's answer
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Answered on October 14, 2017
In order to have a claim for the house, your father will have to prove that your grandmother was not competent to sign the deed or that she was...
Archived
5 year statute of limitations on foreclosure
Jose's answer
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Answered on October 14, 2017
Without reading the note and mortgage, I agree that the statute of limitations will run on February, 2020. However, in order to have clear title,...
Can bankruptcy stop foreclosure even after final judgment of foreclosure entered?
Jose's answer
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Answered on October 12, 2017
I agree with attorney Golant. Defending the foreclosure by yourself is foolish. You need to hire an experienced foreclosure defense and...
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