Archived
If a forclosure case is dismissed and it is over 5 years since default, has the statute of limitations passed?
Margery's answer
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Answered on February 25, 2013
There is not a simple answer to this question - the answer depends on a number of details. The statute of limitations does not run from the date...
Archived
When dose a bank file a judgments against us ? Is it during or after a foreclosure ?
Margery's answer
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Answered on February 25, 2013
If you are asking about a claim for the deficiency balance due on the mortgage debt, this follows the foreclosure judgment or short sale. However,...
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Archived
Can I be issued a court order without being notified or served?
Margery's answer
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Answered on February 25, 2013
Ask to see the order. This sort of impropriety is happening all the time in Broward, as judges are signing orders without reviewing files. On the...
Archived
Lender can't find original note and mortgage of the property . Can they still foreclose with copies ? Is lees pendents valid ?
Margery's answer
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Answered on February 23, 2013
There are no simple issues in your question, and no way to respond on a web site. Filing Chapter 7 can discharge debts including deficiency...
Archived
Can I exclude this debt ? rec'd a 1099 A for $ 188K . FM $ WOK Fla . primary home . No sale . Recourse loan .
Margery's answer
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Answered on February 21, 2013
Exclude this debt from what ? Your question is very difficult to understand.
To be clear, a 1099-A is simply an infotmational document that...
Archived
If a 1st mortgage holder forecloses on a property, how long does the 2nd mtg holder have to pursue deficiency after foreclosure?
Margery's answer
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Answered on February 20, 2013
Foreclosure of the first mortgage would have nothing to do with the deficiency claim on the second. Its only effect was to wipe out the second...
Archived
Does a mortgage modification means i have to put my name on the house and does it affect my credit and my ability to buy a house
Margery's answer
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Answered on February 20, 2013
You have not provided enough information to answer your question. For starters, there is not a standard "one size first all" modification document...
Archived
No contact with attorney in 2 yrs and he now wants me to get a summery of judgment . What is that and any recourse from it ?
Margery's answer
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Answered on February 19, 2013
Your question does not contain enough information to enable a response. There is no such thing as a "summery of judgment". Motions for Summary...
Archived
Does anyone know about using a New York law group if you live in Florida for mortgage litigation? I'm worried about scams.
Margery's answer
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Answered on February 19, 2013
You are right to be concerned. Unfortunately, Florida borrowers are swamped with scams and predators from all directions. I have never personally...
Archived
Can the estate's PR foreclose on property he is part owner of? He'll have a valid lien. please add foreclosure real estate
Margery's answer
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Answered on February 18, 2013
If he obtains a lien, he can foreclose it. However from what you said, he does not have a lien yet, and a personal representative has a fiduciary...
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