Archived
On the NOTICE SETTING NON-JURY TRIAL, Plaintiff name and the case number are wrong. What do I need to file to correct this?
Margery's answer
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Answered on December 20, 2013
All over Florida, the circuit courts are racing to get rid of foreclosure cases. They are setting cases for trial that are not at issue, and then,...
Archived
(1) How does a HOA foreclose if no lien was filed at the time of bank foreclosure summons being issued & HOA is a co-defendant?
Margery's answer
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Answered on December 20, 2013
Much of your question is too fact-specific to answer in the general way possible on a web site. The HOA does not have to wait in line - if a...
Archived
I was buying house from HUD and the lending didnt go through am i still responsible for title ,lean and survey search?
Margery's answer
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Answered on December 18, 2013
Did you authorize them to do the title, survey and lien search ? How close to the closing date was it that you became aware the transaction was...
Archived
Foreclosure Defense Attorneys ... How does a Plaintiff foreclose "IF" the Florida statute has run ?
Margery's answer
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Answered on December 18, 2013
The answer to your question depends on numerous details. The fact that a case was dismissed with prejudice is only binding on the plaintiff in...
Archived
Foreclosure Defense Attorneys ... how does a successful foreclosure defense end ? ... or does it ever end ?
Margery's answer
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Answered on December 18, 2013
The answer to your question depends on the client's objective. When we meet with prospective new clients, the first question we ask them is "what...
Archived
I have a townhome in foreclosure with the 1st mortgage. There is a 2nd lien involved, and the HOA recently won a judgment
Margery's answer
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Answered on December 17, 2013
The HOA sale cannot disturb the first lien, which is superior. Depending on the details, it is possible that it will dispose of the second lien. ...
After I buy a home thru a tax auction, how long does the previous homeowner have until he has to vacate, and what can he take?
Margery's answer
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Answered on December 15, 2013
If you are the successful purchaser, you acquire title to the land, buildings and anything affixed therto, such as built in cabinets, curtain...
Archived
Does each missed mortgage payment constitute a new cause of action?
Margery's answer
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Answered on December 15, 2013
There is case law which provides that it is acceleration which triggers the running of the limitations period. Once the debt is accelerated, there...
Archived
WHAT IS CASEMANAGEMENT CONFERENCE IN FORECLOSURE
Margery's answer
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Answered on December 14, 2013
Many of the circuit courts in Florida's court system are on tilt where foreclosure cases are concerned. The goal has become to "get rid of the...
Archived
Can banks go after LLC members for deficiency judgement?
Margery's answer
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Answered on December 13, 2013
I don't understand what you mean by "non-guarantor LLC members under Company LLC". Under normal circumstances there is no recourse against non...
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