Archived
I rent a furnished condo in Pompano Beach for over 5 years. Two years ago I got a letter saying the property was in foreclosure
Sergio's answer
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Answered on November 20, 2012
I would strongly suggest you consult a knowledageable foreclsoure defense/lanlrod-tenant attorney who can look in ot this issue and, depending on...
Archived
If i want to file a quiet title action after 5 years will the bank claim the staute of limitations is 20 years under f.s. 95.281
Sergio's answer
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Answered on November 20, 2012
The applicable statute of limitation is 5 years, but the calculation gets a little tricky with when it starts to run and when you consider other...
Archived
Does a legal malpractice settlement end collection efforts?
Sergio's answer
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Answered on November 20, 2012
I agree with the responses that the dismissal "with prejudice" means the plaintiff cannot refile the case. This leaves you with the possibility...
Archived
Related to foreclosure/short sales in Florida. Can the bank sue for the amount that they gave a 1099-cn?
Sergio's answer
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Answered on November 14, 2012
I did a cursory review of this issue about a year ago and discussed it with several other foreclosure defense attorneys, and I could not find a...
Can MERS assign both note and mortgage to servicer who then files a foreclosure action?
Sergio's answer
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Answered on November 14, 2012
I agree that this activity may provide fertile ground for many defenses. However, this area of the law is very complex. I would suggest you retain...
Archived
Can a debt collector continue to call me after 7 years and their debt has been removed from all three credit reports?
Sergio's answer
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Answered on November 14, 2012
Based on the limited facts provided in your question, it would appear that the statute of limitations has expired under Florida law. (I also agree...
Archived
I just got a foreclosure notice on a rental property that i own. I have to appear on Dec.17th 2012. Do i need a lawyer
Sergio's answer
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Answered on November 13, 2012
As you can see from all of the responses, there are many defenses that can be asserted and they're very complex. An experienced foreclosure defense...
Archived
What is the court process for a lawsuit on a debt?
Sergio's answer
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Answered on November 13, 2012
Depeding on the amount in question and your case in general, you may consider retaining an attorney to assist you. You may be able to assert...
Archived
Can Capital One (Debt Collector) subpoena original credit application?
Sergio's answer
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Answered on November 13, 2012
There may be other defenses. Your question suggests there's a debt collector who may have bought the debt, instead of the original creditor, and...
Archived
In FL, What options I have after my motion to dismiss the foreclosure complaint is denied after arguing only 1 out of 6 points?
Sergio's answer
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Answered on November 12, 2012
You can file a Motion for Rehearing or Reconsideration, to have the judge hear your motion again. However, it's already apparent that you may be...