Archived
Is it legal for a mortgage servicer to accept automated payments from a debtor who's property has been discharged in bankruptcy?
Timothy's answer
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Answered on January 06, 2020
I doubt you have any enforceable contractual right to make payments by automatic debit only. It sounds as if this is an accommodation for you and...
Archived
Can I stop a 24 hour eviction notice?
Timothy's answer
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Answered on January 06, 2020
You can file a motion with the court for additional time but I do not anticipate the judge would cooperate. It might be best to plan your affairs...
Archived
Can bank sue me if a house me and spouse own is foreclosed, but mortgage is only on spouse?
Timothy's answer
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Answered on January 04, 2020
When a bank sues for foreclosure, it sues for three things: money, title and possession. If you did not sign the note, you will not be sued for...
Archived
How will filing for bankruptcy stop our foreclosure sale date on March 3, 2020.
Timothy's answer
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Answered on January 03, 2020
Banks are not allowed to accept payment and initiate foreclosure. If the bank is refusing payment, the bank is contemplating or initiating a...
How long after a foreclosure does a 3rd party agency have to legally come after me to pay the balance in the state of Florida?
Timothy's answer
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Answered on January 02, 2020
There is a material difference if this is the first mortgage or a junior mortgage. Contact a local attorney for a more precise answer regarding...
Archived
Judgment lien vs condo claim of lien for assessments?
Timothy's answer
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Answered on December 31, 2019
As a general rule, the lien first recorded as priority. But certainly liens relate back, which can alter the general rule. Have an attorney analyze...
Archived
Should I file chapter 7?
Timothy's answer
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Answered on December 31, 2019
Almost all cases can be settled. Have your attorney reach out to plaintiff’s counsel to arrive at a settlement. Remember you will have to find the...
Archived
Can I sue the insurance company?
Timothy's answer
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Answered on December 31, 2019
Get an attorney. Have your attorney fight the collection agency.
Archived
How do I foreclose on a property I owner financed?
Timothy's answer
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Answered on December 30, 2019
Step 1. Get an attorney to read all of the documents. Foreclosures often require prefiling requirements. Step 2. Hire an attorney to file the...
Archived
Are there any regulations that the PSA must be updated to reflect the number of mortgages left in the trust?
Timothy's answer
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Answered on December 27, 2019
I don't know the answer to the question. I would need to research it. But here is what I do know: The mechanics of the trust cannot and do not...
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