Archived
How long do we have after forecloser has been filed by our lender to fight to keep or move out of our home.
Margery's answer
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Answered on December 21, 2011
It is likely that you were served by publication. This is a huge problem in Florida. The law allows service to be made by publication in a local...
Archived
I am covered by the Protecting Tenants at Foreclosure Act?
Margery's answer
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Answered on December 21, 2011
My gut feeling is that most of the circuit court judges in Miami-Dade would allow you the 90 days, but this will not happen automatically. If a...
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Archived
Can the bank start/ file foreclosure even they have not replied or furnish me of my "QUALIFIED WRITTEN REQUEST" about my loan?
Margery's answer
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Answered on December 21, 2011
Technically no, however, I would not count on that issue to protect you. Mortgage companies have been trampling all over the law, which has led to...
Can the bank foreclose if i did not sign the note or mortgage?
Margery's answer
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Answered on December 21, 2011
Depending on what the documents look like and depending on what the foreclosure complaint looks like when it is filed, odds are extremely good that...
Archived
How can we get rid of a lien of a second mortgage after the debt was discharged in a chapter 7 filing?
Margery's answer
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Answered on December 21, 2011
If HAMP works for you, if I were you, I would go ahead with HAMP, but make sure that an experienced financial services attorney reviews the...
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Archived
Which is better for your credit, a short sale or a deed in lieu?
Margery's answer
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Answered on December 21, 2011
I am constantly frustrated that realtors try to give people legal advice, and equally frustrated at how many people take the 'legal advice'...
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Archived
Can a home in the foreclosure process be rented out if tenant is aware?
Margery's answer
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Answered on December 20, 2011
Yes, definitely. Until the foreclosure is completed, the property is sold and a certificate of title has issued to the new buyer, it is still your...
Archived
Loan Owners vs. Loan Servicers: Legal Standing to Foreclose, or Not?
Margery's answer
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Answered on December 20, 2011
It is difficult to answer your question here, as it involves many complex legal and practical issues, but you are definitely correct. The...
Archived
If I don't vacate immediately upon sale of my home in FLORIDA, can they file an Unlawful Detainer against me?
Margery's answer
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Answered on December 20, 2011
There is no such thing as an Unlawful Detainer in Florida. After the sale, there is a 10 day period before the sale is confirmed and a certificate...
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Archived
We want to take my husband off the house title and deed, we are trying to do a house modification ...........
Margery's answer
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Answered on December 20, 2011
First of all, it is a FELONY for a realtor to give legal advice, and with good reason. Realtors are NOT attorneys and have no business giving you...
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