Archived
If my house is forclosed on do i owe the difference on what is owed and what the house is worth now
Margery's answer
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Answered on October 25, 2009
With all due respect to the other attorneys' responses, IN MOST CASES THE ANSWER IS YES YOU WILL OWE THE DIFFERENCE BETWEEN THE TOTAL DEBT AND WHAT...
I received a Plaintiff's Motion for Summary Judgement (including a hearing) in the mail today. What does this mean?
Margery's answer
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Answered on October 23, 2009
I agree with attorney Phillips. Unless you don't really care what happens, you need an attorney who understands this area of law. The plaintiff's...
Archived
I owe property owners association dues, can they forclose on me and what happens if they do.
Margery's answer
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Answered on October 22, 2009
Yes to all questions. Your homeowners association CAN file a lien, then CAN foreclose the lien, extinguish your interest in the property and then...
Archived
100 % morgage on a house worth almost half now, can i just give it up?
Margery's answer
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Answered on October 22, 2009
This is my primary practice area. Please understand that you cannot just let them foreclose and "walk away". Once the lender finishes foreclosure,...
Archived
Bank with 2nd mortgage will not close account that was included in my BK. Acct is reported as open and active to the cr bureaus.
Margery's answer
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Answered on October 21, 2009
If your bankruptcy discharged the second mortgage, upon entry of a discharge the holder of the second mortgage is in violation of the discharge if...
Archived
This mortgage was included in my chapter 7 the home was not in foreclosure at the time of the bankruptcy.
Margery's answer
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Answered on October 21, 2009
This is potentially tricky. If the Chapter 7 properly discharged your debts relative to the home, you are not personally liable now for any...
Archived
What happens to the 2nd lien holder when a property is foreclosed on?
Margery's answer
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Answered on October 21, 2009
State laws vary. In the jurisdictions I am familiar with, the foreclosure by the first lienholder disposes of the second lien but NOT the second...
Archived
What happens to the First Lien
Margery's answer
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Answered on October 21, 2009
No, definitely not. An inferior lien cannot dispose of a superior lien. What happens is that whoever buys at the HOA foreclosure sale buys the...
Archived
Florida foreclosure, timeline for vacating with a twist
Margery's answer
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Answered on October 21, 2009
You need to check the docket in the office of the Clerk of Court. Ten days after the sale, the Clerk normally issues a Certificate of Title,which...
Archived
No Recorded Assignment, FL Adjustable Rate Note not recorded; Docs Altered by Lender?
Margery's answer
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Answered on October 17, 2009
It is possible that you could have litigible issues inside the bankrutpcy proceeding. Is it a Chapter 7 or a Chapter 13 ? Has there been an...
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