Archived
If the lender cannot foreclose because they are passed the 5 year limitation. Does this extinguish the mortgage lien?
Margery's answer
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Answered on November 11, 2013
The expiration of the limitations period does not eliminate the lien of the mortgage. If the collectibility really is time barred (which will...
Archived
Can a bank recover shortages from a foreclosure judgment obtained more than 5 years after the loan was first in default?
Margery's answer
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Answered on November 09, 2013
The statute of limitations for a deficiency judgment does not even begin to run until the judgment in foreclosure is entered. The date of the...
Archived
How long after 5 yrs. of threats re: deficiency judgement, does the summons come to your door to finally sue you?
Margery's answer
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Answered on November 09, 2013
It would not be too late to file bankruptcy after a deficiency claim is made. However, some things to be aware of:
1- the statute of limitations...
Archived
Can the servicer bank bring the foreclosure action against the borrower when the "owner" is Freddie Mac .
Margery's answer
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Answered on November 08, 2013
Freddie Mac and Fannie Mae and their servicers play this game all the time. Florida law is a mess on this topic, with numerous inconsistent...
Archived
Can my husband's insurance annuity and ssd be garnished by our mortgage company due to foreclosure
Margery's answer
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Answered on November 08, 2013
This is not a problem that can be solved on a public website. You need advice BEFORE you choose a course of conduct. You need to consult with an...
Archived
Bank Canceled Foreclosure Sale
Margery's answer
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Answered on November 06, 2013
I am perplexed at why you would be complaining....the servicer is saying it is abandoning its efforts to foreclose. Most borrowers would be...
Archived
Was told once a final judgment is granted in an foreclosure I have no rights to request a proof of claim or "show me the note"?
Margery's answer
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Answered on November 06, 2013
You really need an attorney who knows these areas of law. A proof of claim is a bankruptcy concept. There was no such thing in this Rules of Civil...
Archived
Options to avoid any deficiency judgment in foreclosure.
Margery's answer
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Answered on November 06, 2013
At this point, other than possibly a short sale if a waiver of deficiency is included in the short sale approval, you have few other options aside...
Archived
If I purchase a property through the foreclosure auction can I be sure that I have all rights to the title without encumbrances?
Margery's answer
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Answered on November 06, 2013
When you buy at a judicial sale, you cannot be sure of anything. This is an extremely high risk process, and many people are burned.
The only...
Archived
I am in foreclosure and hired a Attorney last March, I now have heard thru another source who received notice of a court hearing
Margery's answer
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Answered on November 06, 2013
I would try going physically to the location where the attorneys office is. You may find it is closed and there may be a sign there. You may find...
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