Archived
Does the homeowner typically needs to be notified when a motion for a writ of possession is going to be file with the judge?
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Answered on April 21, 2015
Notices in existing foreclosure actions are served by regular mail, not certified mail. If a hearing is required, the resident of the property is...
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Archived
Does the second mortgage die after the first mortgage is foreclosed
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Answered on April 21, 2015
No, not at all. The lien of the mortgage is wiped out by a properly done senior lien foreclosure. The debt remains.
Is there a difference between an Assignment of Judgment and an Assignment of Bid in a foreclosure sale?
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Answered on April 21, 2015
Yes, there is a very significant difference. Assignment of the bid means that, in the event the plaintiff is the successful bidder at the...
Archived
My home is forclosure, bank want me to reaffirm? ch 7 last yr, 1st & 2nd mtg included.
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Answered on April 20, 2015
It would be impossible to answer this question without a great deal more information. DId you strip the second lien in your Chapter 7 ? If not,...
Archived
Florida real state foreclosure.
Is the stature of limitations valid in a 2nd mtg (balloon) ?
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Answered on April 18, 2015
Depending on the details, Chapter 13 might be your best strategy. However, a detailed analysis is necessary by someone who really understands the...
Archived
Foreclosure case Pro Se. Hearing for "Plaintiff's Reply to Defendant's Affirmative Defenses" scheduled. I need answers please.
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Answered on April 16, 2015
You are being jerked around. This is what happens when people are pro se. If the hearing is truly on "reply to affirmative defenses" that is...
Archived
Do banks usually pay off all other liendholders/ 2nd mortgages, before they sell the property at a REO auction.
Margery's answer
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Answered on April 15, 2015
Most junior liens are extinguished buns completed foreclosure of a first mortgage, IF DONE PROPERLY. However,mr here are some exceptions, and...
Archived
Motion for Judicial Default with Embedded Memoramdum of Law
Margery's answer
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Answered on April 14, 2015
The plaintiff law firms are factories, with segmented departments where minimally trained clerical employees churn out boilerplate pleadings by the...
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Archived
Mortgage assignment
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Answered on April 11, 2015
No, if you raise it properly and timely. However, this is difficult to do on the current judicial climate. To have the best odds, you should retain...
If the lender auctions the property in a foreclosure, what is the requirement ?
Margery's answer
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Answered on April 11, 2015
Yes. It makes no difference whether this is a primary residence or an investment property, the creditor has the right to pursue a claim for a...
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