Archived
The second mortgage went in to default and I received writ of possession? What should I do?
Jacqueline's answer
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Answered on April 07, 2014
Sounds like you no longer own the home. The second lender can foreclose and take your property to satisfy the debt same as the first lender. Speak...
Archived
If I accept late rent without the late fee, is the late fee invalid?
Jacqueline's answer
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Answered on April 07, 2014
If you accept the rent it may be considered satisfaction and accord. If you don't want to allow the tenant there, then you can not accept any rent
Archived
How do I write a response to a complaint/petition with the clerk of the court on a lawsuit filed LIS PENDENS? Whom do I address?
Jacqueline's answer
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Answered on April 07, 2014
If you wish to keep the property the most important thing to do is speak to a knowledgeable attorney that can run your numbers and make sure you...
Archived
Didn't respond to lawsuit by deadline & now have notice of non-jury trial date, can I still present my side at trial if I attend
Jacqueline's answer
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Answered on April 07, 2014
Yes you can still
Respond but the most important thing is that you know going into trial if the bank can win or not. Speak to an attorney to...
Archived
If We are Paying all fees and cost from HOA foreclosure, Do we need to file Answer to Complaint or request Dismissal or both?
Jacqueline's answer
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Answered on April 06, 2014
Yes. File a motion to dismiss or extend time to answer and always request the payoff in writing. You may think you owe one amount and it is higher...
Archived
How much can an Attorney charge as a ( non- ancillary) Foreclosure-rescue Consultant?
Jacqueline's answer
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Answered on April 06, 2014
Not sure what non-ancillary means. Will need more details
Archived
What is the formal process for debt collection?
Jacqueline's answer
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Answered on April 06, 2014
The laws are very strict with regard to collection activity. Consult with an attorney to advise the law, your rights and what to do to settle the...
Archived
Mortgage foreclosure the case was dismissed without prejudice; 8 months later the bank filed a motion to vacate the judgment.
Jacqueline's answer
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Answered on April 06, 2014
They may not be able to do so based on the length of time and argument. Speak to a knowledgeable attorney to assist you and review the facts and...
Archived
What legal steps should I take to legally evict a tenant from a foreclosure that I bought as an investment?
Jacqueline's answer
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Answered on April 06, 2014
There is no need for a 3 day notice unless you agreed to allow them to stay there paying rent. If not, attend the hearing or hire an attorney to...
I signed a mortgage but not the note, what's the best way to get out of the foreclosure suit without it negatively affecting me?
Jacqueline's answer
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Answered on April 06, 2014
Your credit is not affected. You are a party to the foreclosure action merely because your name appears in title. But bank does not have your...
