Archived
Is chapter 13 going to help me save my asset, by clearing my debt due to deficiency judgement and HoA fees, after foreclosure?
Margery's answer
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Answered on June 15, 2016
Nothing is ever 'guaranteed' in connection with legal issues. Chapter 13 has many options and nuances, however the outcome will depend on your...
Archived
Since this is not my fault, is there any way I can have the date on the deed corrected to when my bankruptcy was discharged?
Margery's answer
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Answered on May 02, 2016
The details in your question are not clear. What deed ? The final step in a foreclosure typically is a certificate of title, issued by the Clerk...
Archived
Can you continue to fight foreclosure after filing for ch 7 bankruptcy?
Margery's answer
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Answered on April 30, 2016
When this issue first came up, had it been properly defended, it would have been a non-issue, because the statement of intent was never constructed...
Archived
Is the notice of hearing to grant me the 45 day extension to answer and from what date does the45 day extension start?
Margery's answer
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Answered on April 27, 2016
It appears that either the plaintiff law firm or the court set this hearing on your motion for extension of time. However, 4/26/16 was yesterday,...
Archived
Foreclosure sold below market value and sent me to collections for difference-FL
Margery's answer
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Answered on April 26, 2016
I agree that what you are experiencing occurs all too often. The mortgage industry gets away with this (and virtually all of the other things they...
Archived
Which court should I sue the Servicer and or Deutche bank for Breach of Mortgage Modification Contract?
Margery's answer
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Answered on April 20, 2016
A "letter to Ocwen" would be of no use, unless it was a Notice of Error pursuant to Regulation X. If you have Regulation X issues, you will need...
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Archived
How long and from what time frame can a mortgage provide refile a foreclosure?
Margery's answer
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Answered on April 18, 2016
Currently, this is an impossible question to answer. There is chaos in the courts of Florida, and the issue is currently pending before the...
Archived
If a 1st mortgage forecloses on a property, but omits the 2nd mortgage as Defendant, can 2nd mortgage foreclose later?
Margery's answer
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Answered on April 13, 2016
This is actually a very complicated factual situation if Bank B defends properly. I am involved in a case like that right now. The outcome will...
Archived
Bank accelerated loan in foreclosure process but is still sending statements asking for monthly payments. Is this allowed?
Margery's answer
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Answered on April 04, 2016
If I understand your question correctly, I disagree with the other answers you received. If what you are saying is that the mortgage servicer...
Can the plaintiff move forward with a copy of the allonge and an 'lost allonge to the note affidavit of compliance'?
Margery's answer
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Answered on April 02, 2016
Often plaintiffs cannot properly prove what is necessary to succeed when documents are lost. However, in order to raise the issues in the way that...
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