Questions answered by James Wade Schwitalla

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Is it possible to check the progress of my home loan modification with Fannie Mae?

James's answer | Answered on May 17, 2014

While it is true that you have every right to contact the lender, directly, to discuss the status of your loan, you are paying an attorney to help...

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Would the IRS charge interest and penalties as a result of an 1120s filed with errors by a CPA?

James's answer | Answered on May 17, 2014

While the CPA may have "screwed up", the CPA does not sign the 1120S on behalf of the corporation. Only an officer of the corporation can sign the...

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Can the hoa still foreclose if I have paid in full? I received a motion for final foreclosure with attorney fees.

James's answer | Answered on May 17, 2014

The acceptance of a payment from you while the foreclosure is pending may be a defense to the foreclosure. However, even a dismissal of the...

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I am claiming bankruptcy, but reaffirming my mortgage. Can the bank demand PMI insurance if I'm under 78% LTV?

James's answer | Answered on May 17, 2014

Bankruptcy will not have any effect on the rights of the mortgagee to demand PMI. Also, the purchase price of the property is irrelevant in...

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I imported product from overseas and now I cannot pay the product. Can I file bankruptcy and not be responsible for the debt?

James's answer | Answered on May 17, 2014

If the product delivered was not what the LLC agreed to buy, the LLC should have returned the product instead of attempting to sell it. I agree...

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Asked a question yesterday but it won't let me respond now regarding a writ of garnishment.

James's answer | Answered on May 17, 2014

It is clear that this creditor has a judgment against you, and is intent on collecting. Even though you may not want to file a bankruptcy, and even...

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Have some toll violations from 2006 still say pending and I can make a payment to clear up? Not sure what to do?

James's answer | Answered on May 17, 2014

I am uncertain as to whether or not there is a statute of limitations on toll violation penalties/fines. I know that there is a statue limitations...

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What is date the statute of limitations begins when you loan someone money and they haven't paid you back in Florida?

James's answer | Answered on May 17, 2014

The statute of limitations begins to run when all the necessary elements of the cause of action have occurred. In this case, it would be when the...

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What is the sol on hospital bills in Florida? I gave birth in 1999 and had Medicaid and today I have collections agency calling

James's answer | Answered on May 17, 2014

I agree with Richard and Mark. The only way that they could legitimately continue to attempt to collect a 1999 debt is if the creditor sued you...

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Can an ILLEGAL ALIEN protect his primary residence from debt collection.

James's answer | Answered on May 17, 2014

The answer to your first question is maybe, and it depends on the value of the "illegal alien's" interest in the principal residence. I have...

James Wade Schwitalla's Answers (96)

Is it possible to check the progress of my home loan modification with Fannie Mae?

Would the IRS charge interest and penalties as a result of an 1120s filed with errors by a CPA?

Can the hoa still foreclose if I have paid in full? I received a motion for final foreclosure with attorney fees.

I am claiming bankruptcy, but reaffirming my mortgage. Can the bank demand PMI insurance if I'm under 78% LTV?

I imported product from overseas and now I cannot pay the product. Can I file bankruptcy and not be responsible for the debt?

Asked a question yesterday but it won't let me respond now regarding a writ of garnishment.

Have some toll violations from 2006 still say pending and I can make a payment to clear up? Not sure what to do?

What is date the statute of limitations begins when you loan someone money and they haven't paid you back in Florida?

What is the sol on hospital bills in Florida? I gave birth in 1999 and had Medicaid and today I have collections agency calling

Can an ILLEGAL ALIEN protect his primary residence from debt collection.