Archived
My father died 2 years ago. He had a condo w/ mortgage. 2 siblings and I do not want it. Received summon, 20 day deadline.
Michael's answer
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Answered on September 09, 2013
He could contact the bank's law firm and ask if he can sign an affidavit and/or quit-claim deed giving up any interest he may have. If there was...
Archived
I want to purchase a house owned by an individual who is currently in prison.
Michael's answer
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Answered on September 04, 2013
It is entirely unclear whether the Statute of Limitations has passed under Florida law. I understand your logic, they obviously had to accelerate...
Can a trustee in a Chapter 7 bankruptcy sell joint property, even if the non-filing co-debtor is making timely payments?
Michael's answer
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Answered on August 29, 2013
It would have been cleaner if you had deeded your interest to your ex in the divorce, but if the Trustee can get your ex to pay $1,000 to the...
Archived
If "inc" is missing from the legal entity name on an Assignment of Mortgage, is the document still valid?
Michael's answer
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Answered on August 23, 2013
In Florida the document is generally irrelevant. The mortgage is incident to the debt, meaning it follows the promissory note. Endorsement of the...
Archived
Do I need to file a response and if so what type of response to a motion for rehearing or in the alternative new trial to stop
Michael's answer
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Answered on August 23, 2013
You should definitely talk to an attorney. If your ex is recording fake mortgages that is a crime, and you may have a suit for slander of title,...
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Archived
If I am unable to get all the required documents for a 2004 Exam, what will happen to my bankruptcy and me?
Michael's answer
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Answered on August 22, 2013
You have to get what you can. If you can get letters from the bank and EBay stating what date their records do go back to, and make sure you bring...
Archived
My HOA is considering purchasing a home in our community. Can we do this and maintain our HOA status?
Michael's answer
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Answered on August 21, 2013
Yes, HOAs are allowed to own property. In fact, that is one of their primary purposes (the community clubhouse, pool, park, and other amenities...
Archived
Why after submitting objection to res. foreclosure referral to gen. magistrate and its hearing, I have to appear at a mgmt conf?
Michael's answer
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Answered on August 18, 2013
There are a number of sanctions the court may impose if a party fails to appear as ordered, though generally if you have an attorney they can...
Archived
Received a Notice of lack of prosecution hearing but I am the Defendant. Should I be at the hearing and have legal rep??
Michael's answer
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Answered on August 18, 2013
You should definitely be at the hearing with representation. There are specific requirements under the Rules of Civil Procedure that require the...
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