Archived
Husband has been diag with terminal cancer. We are under foreclosure. I'm on the deed but not the mortgage. Do we need a will
Margery's answer
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Answered on August 28, 2012
I am very sorry for this terrible news. Everyone should have a will, no matter what. It is a simple process to get a basic will done.
In...
Is a recorded release of lein in official records on a home permanant or can it be reversed?
Margery's answer
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Answered on August 27, 2012
If there was a mistake, and the mortgage company could prove there was a mistake, it would be possible to void the erroneous release. The fact...
Archived
Does filing amended answer start the case from the beginning
Margery's answer
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Answered on August 26, 2012
An amended answer definitely does not start the case from the beginning. It may very well moot your motions, depending on what they were. Were...
Archived
If the PMI company is asking for a $9200.00 cash contribution to foward the deed in lieu to freddie mac, should I pay it?
Margery's answer
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Answered on August 26, 2012
You need an attorney to sort this out. It depends on the exact provisions of the deed in lieu. If the deed in lieu will result in a waiver of all...
Archived
What can happen when when two foreclosures takes place on the same property, such as mortgage co. and Condo association?
Margery's answer
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Answered on August 22, 2012
A bank foreclosure and an association foreclosure on the same property is a very common story these days. If the association foreclosure goes to...
Archived
What happens when a note and the mortgage that is collateral for it are owned by different persons?
Margery's answer
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Answered on August 22, 2012
There is nothing that prevents noteholders from monetizing their recourse. Notes are receivables. Receivables are assets. Any asset can be...
Archived
Can the bank come after me for the bance after my forclosed moblie home was sold
Margery's answer
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Answered on August 22, 2012
They can, and will, come after you. This is called a deficiency claim. Once they get a judgment, to which they will add their attorneys' fees,...
Archived
Are there any rules regarding who can do business as a mortgage lender in Florida?
Margery's answer
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Answered on August 21, 2012
Not necessarily. There are some exemptions to the normal registration requirement for owning and enforcing mortgages in Florida, and the specific...
Archived
We bought a foreclosure in Florida, and found out that there is a first mtge remaining on the property. Are we responsible .
Margery's answer
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Answered on August 20, 2012
You are not responsible to pay the existing first mortgage, as you did not borrow the money. However, the rights of the holder of the first...
Archived
When a homeowner refinances, does the new mortgagee do a title search?
Margery's answer
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Answered on August 19, 2012
No prospective new creditor is going to be willing to lend money unless it is comfortable that it has a valid first lien on the collateral...
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