Archived
I am currently under foreclosure. I paid cash for another home and my closing date is next week. Can I transfer -cont-
Margery's answer
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Answered on October 30, 2014
You most certainly CAN transfer your homestead exemption, and your Constitutional Homestead, to the new property. Make sure to do it IMMEDIATELY...
Archived
My husband is being sued by a mortgage insurance company for deficiency judgment. It's been over year. How can we stop this?
Margery's answer
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Answered on October 29, 2014
What you can do, what you MUST do, if you are serious about defending against this attempt to get an improper judgment, is to retain the services...
Should an amended complaint have an amended Lis Pendens?
Margery's answer
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Answered on October 28, 2014
This would not be necessary unless the original lis pendens contained an incorrect legal description. The purpose of the lis pendens is to give...
Archived
Deficiency Judgments in Florida...
Margery's answer
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Answered on October 27, 2014
They most definitely DO pursue deficiency judgments. For years now, I have been getting pushback from attorneys who were telling clients not to...
Archived
Foreclosure
Margery's answer
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Answered on October 27, 2014
Did you give the plaintiff notice of the bankruptcy filing ? If the creditor knew about the filing, the sale is void. However, if you knew the...
Archived
If your hoa have a final judgement against you can you put them in your bankrupcy and leave the house out?
Margery's answer
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Answered on October 25, 2014
You have a lot of control over what you can do in a Chapter 13. If your mortgage debt exceeds the current value of the property, and IF you have...
Archived
Can you evict a tenant when a house is in foreclosure?
Margery's answer
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Answered on October 25, 2014
Yes. The house is yours until the foreclosure sale has occurred and the certificate of title has issued. Until then, it is your house and you can...
Archived
I have a house that I included in a chapter 7 BK and was never foreclosed on, would I have any liability if offer a deed in lieu
Margery's answer
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Answered on October 24, 2014
You need to be very careful, and should not proceed without the assistance of an attorney knowledgeable in both foreclosure and bankruptcy law. In...
Archived
Example of letteranswering forclosure filing
Margery's answer
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Answered on October 20, 2014
It would be an extremely bad idea to attempt to do an answer based on an"example". It would also be an extremely bad idea to try to do this...
Archived
Does "Bartram" allow plaintiff to bring a new action for a default occurring before or after previous foreclosure dismissal?
Margery's answer
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Answered on October 18, 2014
Right now, that is a somewhat open question. Bartram itself is a new opinion, is now on review by the Florida Supreme Court, and inevitably the...
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