Archived
Cerificate of sale was issued 1/14/2013 , final judgment based on fraudulent documents. Can I still save home?
Margery's answer
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Answered on January 17, 2013
This is a difficult battle to fight even when timely. While it should not be that way, particularly due to the exposures in recent years of the...
Archived
I was never served a lis pendens but my house was foreclosed on nov 28,2012,I am still in the home. What are my rights
Margery's answer
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Answered on January 16, 2013
There is a great deal of defective process service in foreclosure cases in Florida. If you were not properly served, everything that occurred in...
Archived
Can a second mortgage company come after my husband if he refuses to sign a promissory note?
Margery's answer
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Answered on January 16, 2013
First of all, your realtor is committing Unauthorized Practice of Law by attempting to give you legal advice. This is a criminal act in Florida it...
Archived
Can I suit my Mortgage company while they are for foreclosing on my house ?
Margery's answer
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Answered on January 15, 2013
Yes. This is called a counterclaim. You need to retain a really knowledgable attorney IMMEDIATELY.
Archived
I purchased a condo at foreclosure without a Title Search with the Association as plaintiff. Middle name was shown on Deed.
Margery's answer
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Answered on January 15, 2013
The bank has no right to require payment from you as you did not borrow it, did not obligate yourself to the debt so the foreclosing bank so the...
Archived
I am in foreclosure but the bank has approved a modification which I have agreed to and will be making the trial payments to sta
Margery's answer
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Answered on January 15, 2013
You should NOT trust the system or the mortgage company to stop the foreclosure. You need to retain an experienced foreclosure litigation attorney...
I have a Certificate of Title purchased on a Condominium Association Foreclosure. I secured The Writ of Possession on hand.
Margery's answer
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Answered on January 15, 2013
Probably so. In almost all situations, the institutional first mortgage is in superior position to the association lien. If the lis pendens and...
Archived
Foreclosure in Bankruptcy
Margery's answer
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Answered on January 14, 2013
You need to consult an attorney. Depending on when the bankruptcy was filed, the sale may or may not be valid. Something needs to be done to sort...
Can my condo association foreclose on my condo over unpaid hoa dues?
Margery's answer
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Answered on January 14, 2013
Yes ! This is a very serious error made by all too many homeowners. Your association can and will file a lien for unpaid assessments, then will add...
Archived
Lien stripping a 2nd mortgage when filed as a 2nd mtg on home and business using chapter 13. Possible?
Margery's answer
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Answered on January 14, 2013
Potentially yes, but you will need to consult a Chapter 13 attorney for a full review and analysis of your debts, income and assets in order to...
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