Archived
Unjust enrichment ? being sued for deficiency on foreclosure where bank obtained note and property for less than original note
Francisco's answer
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Answered on February 18, 2015
Unjust enrichment is not a defense.--it's a cause of action used to affirmatively sue. That being said, arguing that they purchased the debt at a...
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Can the 20 day time to respond to a complaint be extended? (Florida)
Francisco's answer
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Answered on August 20, 2014
File a motion for extension of time. Legally speaking, the filing of the motion alone will mean that the Plaintiff cannot obtain a clerk's...
Archived
Can unsecured debt in the amount of $29,000 be written off?
Francisco's answer
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Answered on December 17, 2013
In the realm of bankruptcy, the $29,000 would not be written off, but rather, discharged. If the debt is discharged then you would no longer be...
Archived
Married/Filing Single BK CH 7 - Can I Use Tenancy by the Entirety in FL for Personal Items Exemption Bought During Marriage?
Francisco's answer
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Answered on December 16, 2013
You cannot self proclaim an ownership interest as tenancy by the entirety after the ownership interest was already created. Tenancy by the...
Archived
Judegement on credit card
Francisco's answer
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Answered on December 16, 2013
As the other attorneys on here have stated, yes, they can certainly sue you. However, that being said, most credit card issuers or debt buyers...
Archived
Im only on title of the house and house went in bankruptcy ..does that affect me in future to buy house?
Francisco's answer
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Answered on December 14, 2013
Because you are on title to the property, you are also liable for HOA assessment dues. This does not necessarily mean someone is going to come...
Archived
The DOJ said I'm all clear for discharge in my bankruptcy case , how long before its actually entered?
Francisco's answer
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Answered on December 14, 2013
Assuming there are no issues left in your case and you've completed your second financial management course, then you should receive it relatively...
Archived
My mother and I own a home. I want to file chapter 7. If I walk away what can the bank do to my mother?
Francisco's answer
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Answered on December 14, 2013
I am unsure about the facts you've presented. Do you both own the property? Do you live in the property? Is there equity in the property? Are...
Archived
Can Plaintiff A substitute to Plaintiff B after Assignment of Mortgage from A to B has been recorded ?
Francisco's answer
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Answered on December 14, 2013
Yes. A hearing is usually held and evidence of the assignment would be presented to the court.
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Archived
Does a named defendant's recent filing of bankruptcy stop my residential mortgage foreclosure sale?
Francisco's answer
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Answered on December 13, 2013
Was the QCD executed during the pendency of the foreclosure action or before? If this was done while the foreclosure case was pending, there is a...
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