Does appeal stop judicially ordered sale in partition? Was told sale will go through and i'll need a bond? doesnt seem fair.
Jose's answer
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Answered on April 19, 2016
I agree with my colleagues that filing an appeal is not a do it yourself project. Although the appeal will NOT cancel the sale, and since many...
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What are my options and how do I respond properly that I do not want the home or relinquish my claim to it?
Jose's answer
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Answered on April 19, 2016
I agree with my colleagues that even though it seems that you are not liable for the debt, it is worth it to show the documents to a foreclosure...
Does the Title company have the right to hold back the agreed disbursements of the Escrow Deposit?
Jose's answer
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Answered on April 18, 2016
Just have the son sign the release and cancellation and the problem is solved. The title company wants a release from all the interested parties,...
My home inspector missed signs of water intrusion on the one and ONLY exterior wall in my new townhouse. Are they liable?
Jose's answer
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Answered on April 18, 2016
It depends. The Seller may have some liability if the Seller knew of the leak and did not inform you. The inspector may be liable, but you need...
Can a court backdate the "effective" date of a foreclosure judgment by a couple years to fit the loan into a securitized trust?
Jose's answer
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Answered on April 18, 2016
Although what you are saying is unlikely, the whole file has to be reviewed before giving you an answer. Every case is different and it has to be...
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Can i file personal bankruptcy per se too stop foreclosure when i have been given a court date of May 5,2016 by the lender
Jose's answer
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Answered on April 17, 2016
I just want to add that if you surrender the property in the bankruptcy, then you will no be able to defend the foreclosure since you surrendered...
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Is a 1.540 motion hearing to vacate a foreclosure considered a TRIAL court hearing or just a hearing ?
Jose's answer
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Answered on April 17, 2016
Question: Is a 1.540 motion hearing for vacating a foreclosure considered a TRIAL court hearing or just a hearing ?
Answer: It is consider a...
Archived
In reading your responses, may I conclude that I can stp a non jury foreclosure hearing on May 5, 2016 withou filing bankruptcy.
Jose's answer
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Answered on April 17, 2016
It depends on the judge and whether the bank opposes your motion. In order for a judge to reschedule a trial, you have to show cause, such as the...
Archived
Property title with a deficiency. Looking for a way to obtain title insurance without a quiet title action/ re-foreclosure.
Jose's answer
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Answered on April 16, 2016
I have dealt with situations like this in the past. First, the title insurance needs to tell you what they want you to do in order for them to...
Archived
How long and from what time frame can a mortgage provide refile a foreclosure?
Jose's answer
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Answered on April 16, 2016
Yes, the bank can refile the foreclosure.
In the very recent case of Deutsche Bank Trust Co. v. Beauvais, 41 Fla. L. Weekly D933b (Fla. 3d DCA...
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