Archived
Can eStopple be asserted in a foreclosure when no collection attempts have occurred for more than 4 years?
Margery's answer
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Answered on April 24, 2014
Under the circumstances you describe, it is doubtful that estoppel alone would be a meaningful defense. However, it is likely that there are /...
Archived
We were not present for mortgage papers that were notarized, the bank lost the note and the new servicer wants to foreclose.
Margery's answer
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Answered on April 23, 2014
You need case specific legal advice, which will also require an analysis of what the documents look like. That means you need to consult a...
Archived
Hello, I did a loan modification, since last December, but I just got a foreclosure uniform order setting cause for non jury
Margery's answer
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Answered on April 21, 2014
If you got a permanent loan modification, the foreclosure case should have been dismissed. However, we see this all too often. You need a...
Archived
My home in foreclosure. note is on my wife name, my wife passed away.what can be done to stop the title is on my name?
Margery's answer
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Answered on April 21, 2014
You need an attorney who is knowledgable in all of the potential strategies and law in this area. For starters, your attorney should open an estate...
Archived
Is my attorney obligated to attempt to mitigate damages that may occur to the borrower of an non-performing mortgage / note?
Margery's answer
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Answered on April 20, 2014
The plaintiff has a duty to mitigate damages. What that actually means in any case depends on the specific details of that particular fact pattern.
Archived
For the second time I was denied a loan modification request
Margery's answer
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Answered on April 19, 2014
There are a number of possibilities. However, it iis impossible to give you case-specific advice on a public website. Much more needs to be known,...
Archived
What legal rights do I have ?
Margery's answer
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Answered on April 18, 2014
The answer to your question depends on the exact specifics of what happened in your case. Proper service of process is essential in order for the...
Archived
Wells Fargo will not go forward with a short sale for almost 2 years. We have 2 buyers waiting.
Margery's answer
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Answered on April 17, 2014
Your attorney needs to be doing more than "delaying foreclosure". This conduct by Wells is actionable in a number of different ways. There are...
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Archived
My Mortgage Co. has filed 3 separate foreclosure cases on my home. they lost or destroyed the original promissory note.
Margery's answer
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Answered on April 16, 2014
Without knowing a great deal more about the details, it is impossible to say anything specific, and a public web site would not be the proper place...
Archived
Just how strong is the statute of limitations defense in a Florida foreclosure case ?
Margery's answer
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Answered on April 14, 2014
There are many other details that will need to be analyzed in order to give you an accurate case-specific response. Please consult a knowledgable...
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