Archived
I am living in a home I hold title jtrs. My wife got a Mortage and default and went chpt7 what can I do to save the house ?
Margery's answer
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Answered on January 13, 2015
Substantial case specific information is necessary in order to evaluate your question. This is not something that can be done on a public web...
Archived
Is the SOL Defense valid or not ?
Margery's answer
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Answered on January 13, 2015
The issues raised by Bartram, including the conflicts among the District Court of Appeal, are pending before the Supreme Court of Florida. Until...
Archived
What is the aftermath of a foreclosure when you have a deficit with the sale amount compared to the amount due
Margery's answer
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Answered on January 11, 2015
The exposure you have is called deficiency exposure. This is computed by deducting the value of the collateral property at the time of sale from...
Archived
The newly mortgage servicer was never a party in my foreclosure case in state court, however they file for lift of stay.
Margery's answer
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Answered on January 11, 2015
There is no way to answer this question without a review of the actual court file to determine the state of the record. Much of what goes on in...
Archived
I was rented a foreclosure home. I found out it was bank owned and i wanted to know what happens next and is this illegal for me
Margery's answer
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Answered on January 11, 2015
Your question doesn't provide enough information to answer. When did the lease commence ? If it was before conclusion of the foreclosure, and if...
Archived
I was sued by CACH LLC and my Pre-Trial date is on Jan 23, 2015. However, I recently filed for chapter 7. Should I go to court?
Margery's answer
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Answered on January 10, 2015
If the automatic stay is in place, which is usually the case when a Chapter 7 is filed, they cannot get a judgment. Make certain CACH is listed as...
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Archived
If a bank sends a letter saying they are forgiving a mortgage and have decided not to foreclose, can we trust it?
Margery's answer
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Answered on January 10, 2015
It is impossible to answer your question on a web site, and irresponsible to try. You need case-specific advise. That means you should take the...
Archived
In Florida, does the SOL apply if over 5 years has passed since the most recent Foreclosure dismissal?
Margery's answer
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Answered on January 10, 2015
Right now, this is an impossible question to answer, the outcome(s) relating to Bartram will likely impact your situation. Some of the [wrong]...
We are in foreclosure, the primary defendant received a notice of dropping party..does this mean they are abandoning the lawsuit
Margery's answer
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Answered on January 07, 2015
No, it does not mean that at all. The plaintiffs often include (improperly) all sorts of placeholder "fictional" defendants, as well as collateral...
Archived
Florida: Bank Foreclosure vs. Mechanic's Lien
Margery's answer
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Answered on January 07, 2015
There are limits on what a junior lienholder can lawfully do regarding foreclosure of its lien, depending on the priority not only of the lien, but...
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