Archived
Does a writ of execution require a hearing in front of a judge or can the clerk of courts just sign it and issue it?
Jacqueline's answer
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Answered on October 20, 2014
A judge signs the writ, and then it gets executed. The judge does not do the executing, it is done by sheriff or clerk.
Archived
Purchased foreclosure from Broward County Clerk Auction. 2 mortgages on it, do I send demand letters or file quite title suit?
Jacqueline's answer
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Answered on October 20, 2014
You can't file a quiet title action as their loan is superior.
Archived
If "Bartram" stands, will banks who did not successfully foreclose the first time, be able to fix faulty documentation?
Jacqueline's answer
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Answered on October 20, 2014
Yes. Under Bartram every month borrower is in default the bank can foreclose, irrespective of correct document or not. Every new default tolls the...
Archived
Regarding house agent
Jacqueline's answer
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Answered on October 20, 2014
You should not submit an offer on your own if you do not have real estate expertise. An offer once accepted is a contractual obligation and may...
Archived
Is it true that each homeowner needs to receive a "notice of right to cancel" in connection with a mortgage?
Jacqueline's answer
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Answered on October 18, 2014
Its unclear whether you are referring to the notice of acceleration when you are on default or right to cancel disclosure when you signed the...
Can a auto finance company continue to report as late payments to the credit bureaus 7 months after voluntary repo?
Jacqueline's answer
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Answered on October 18, 2014
Even if the car was repossessed you are still liable for the debt. You should negotiate the debt with the lender
Archived
Home underwater and mounting debt. SunTrust won't adj. Their offer: short sell or deed in lieu. Recommended next steps?
Jacqueline's answer
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Answered on October 18, 2014
I don't understand what "unresponsive" means. They don't respond or they rejected your request? Suntrust and Chase both participate in the Making...
Archived
Does "Bartram" allow plaintiff to bring a new action for a default occurring before or after previous foreclosure dismissal?
Jacqueline's answer
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Answered on October 18, 2014
The Bartram decision stops the 5 year statute of limitations because the 5th dca opinion allows the lender to foreclose on a mortgage every month...
Archived
My ex and i were purchasing property but she passed im still paying who has the right to the property if only her name is on it
Jacqueline's answer
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Answered on October 17, 2014
If you were legally divorced, then you would be bypassed and her next of kin, child or parent would be entitled to the property. If you have a...
Archived
After 6 years, could I successfully to have the foreclosure completely vacated with prejudice ,and move to void note & mortgage?
Jacqueline's answer
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Answered on October 16, 2014
In Florida, the Bartram case is removing rights to quiet title actions for mortgage defaults under the five year statute of limitations. However...
