Can a debt collector come after me for a foreclosure debt if Wells Fargo never filed a deficiency judgement against me?
Margery's answer
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Answered on August 19, 2012
Yes. The statute of limitations is five years from the judgment. We are seeing a number just like this. I have already beaten two of them. Unless...
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If a court issues a judgment in favor of a plaintiff who does not have standing to sue, is the judgment void?
Margery's answer
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Answered on August 18, 2012
The answer depends on the details. The time to have raised these issues was BEFORE judgment was entered, not after. Once a judgment has been...
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What are my are my rights as a renter of a property that is being foreclosed on?
Margery's answer
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Answered on August 17, 2012
It sounds like you are probably covered by the Protecting Tenants at Foreclosure Act. That will allow you to stay to the end of your lease even if...
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Is a 2nd mortgage discharged after chapter 7 bankruptcy?
Margery's answer
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Answered on August 17, 2012
Everything about your question is impossible to answer. Whether your neighbor was discharged in bankruptcy or not is irrelevant to the issue of...
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Seeking 2nd opinion regarding upcoming foreclosure hearing in Florida on Thursday 8/16.
Margery's answer
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Answered on August 15, 2012
While you have not expained what the hearing on the 16th is, I emphatically disagree that this is "typical". Is this a hearing on summary judgment...
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I have a 2nd mtg HELOC in FL & the home has not been Foreclosed. The 2nd is suing now for a civil jdgmt. How can I respond?
Margery's answer
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Answered on August 12, 2012
You probably have several good options in bankruptcy. What happened to the first mortgage ? Is it resolved ? Is the mortgage under control ? If...
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Uncontested foreclosure in the state of Florida.
Margery's answer
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Answered on August 12, 2012
While in general I agree with Atty. Deason, there is an expedited foreclosure procedure available in Florida that some of the foreclosure...
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I am a Junior Lien Holder on a condo. The Bank took Title and posted a Notice to Vacate. Is my tenant protected with the Lease?
Margery's answer
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Answered on August 12, 2012
the Protecting Tenants at Foreclosure Act of 2009 requires a "bona fide" tenancy, and then defines circumstances that would not be bona fide. It...
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Before my father died he deeded his home to me. There are 2 mortgages. My name is on 1st. Am I required to pay 2nd?
Margery's answer
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Answered on August 12, 2012
There is no way to answer the "how long" question - it depends on too many things to generalize. If you did not sign the note for the second, you...
Do all defendants named in foreclosure complaint have to file an answer?
Margery's answer
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Answered on August 12, 2012
If a party is named as a defendant and served and fails to respond, it is likely to be defaulted, which then precludes it from raising a defense. ...
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