Archived
In the State of Florida, would an HOA be considered secondary lien holders after the Mortgage company that holds your mortgage?
Jacqueline's answer
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Answered on August 23, 2013
The HOA can foreclose and take title and rent the property while it awaits the bank foreclosure. Your best bet is to hire an attorney to negotiate...
Archived
If "inc" is missing from the legal entity name on an Assignment of Mortgage, is the document still valid?
Jacqueline's answer
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Answered on August 23, 2013
Only by looking at the documents can an attorney assess what is missing
Archived
I am looking at buying a short sale in Florida. After the short sale can 2nd lien holders come after the new buyer?
Jacqueline's answer
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Answered on August 18, 2013
In short, no. If the short sale is negotiated correctly the seller must give clear title to the buyer through a warranty deed meaning the property...
Archived
Received a Notice of lack of prosecution hearing but I am the Defendant. Should I be at the hearing and have legal rep??
Jacqueline's answer
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Answered on August 18, 2013
You should be at the hearing. You don't necessarily need representation. The rules of procedure require litigants to move cases forward as do the...
Archived
FLORIDA: What type deed does a trustee deliver when representing the estate and should this be called out prior to a contract?
Jacqueline's answer
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Answered on August 16, 2013
It's called a trustee deed and usually done at the time of closing
Archived
Do i need police or court help to get my property back from a subletter?
Jacqueline's answer
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Answered on August 16, 2013
Yes. Florida does not permit self help eviction so any time you wish to remove someone must be done through the court and ultimately if they don't...
Archived
In a foreclosure case, if while a case is pending the Plaintiff bank is bought out by another, do they need to substitute party?
Jacqueline's answer
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Answered on August 16, 2013
The bank plaintiff must file documents showing the change and why the change. Have an experienced attorney review the court case file for you to...
Archived
Can you fight foreclosure first in court and then go to bankruptcy protection if necessary?
Jacqueline's answer
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Answered on August 13, 2013
The answer is always yes. The foreclosure can be defended while you seek an alternative to having a judgment against you. Either a loan...
Archived
Upside Down Rental Property Options
Jacqueline's answer
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Answered on August 13, 2013
Instead of walking away which will result in a judgment against you and perhaps garnished wages or frozen bank accounts hire an attorney to...
Archived
If we signed a three year lease and it doesn't even say that, and was never notarized , can we be legally held to paid any rent
Jacqueline's answer
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Answered on August 13, 2013
Have an attorney review the lease for you to find a possible way to get out of it. Florida law does not require a less to be notarized to be valid
