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What does it mean when the debtor filed a claim on my behalf in the amount $87k in the name of mortgage company under the 3004 r
Jeffrey's answer
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Answered on December 15, 2013
The Chapter 13 Trustee can not make payment to a creditor unless a proof of claim has been filed in the bankruptcy. The debtor wants to have the...
Archived
I need to determine the creditworthiness of the 2 people who want to purchase my house. They've asked me to hold the mortgage.
Jeffrey's answer
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Answered on December 15, 2013
There are some things you can do yourself. Check the public records of all locations where they say they have lived for the last 5 years and see...
Archived
Whats time limitation for smalls claims of a personal loan of 4k with a signed letter from the borrower of intent of repayment?
Jeffrey's answer
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Answered on December 15, 2013
You are wise to take the worst case scenario into account and not consider the letter itself as the basis of the debt, which event the statute of...
Archived
Couple gets married in Fl. Four years later, man buys house in fl. then in his will states upon his death it will go to his kids
Jeffrey's answer
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Answered on December 15, 2013
Verbal wills are not recognized in Florida.
If there is a written will, then it would depend upon when it was prepared. If before their...
Archived
How valid is a Certificate of Title certified by Clerk of Court and filed a certificate of sale where no objection was filed.
Jeffrey's answer
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Answered on December 15, 2013
The certificate of title is very very very valid. It transfers ownership to the high bidder at the foreclosure sale.
From the dollar amount, it...
Archived
My ex-wife got the house in California when we divorced, but the mortgage company will not release me from the loan.
Jeffrey's answer
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Answered on December 15, 2013
Unless the divorce decree required her to refinance the property she is under no obligation to do so.
If your ex accepted the quit-claim deed,...
Archived
Where do I file a writ of execution and fact information sheet?
Jeffrey's answer
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Answered on December 15, 2013
You have a certified copy of the judgment. To establish a judgment lien on real property that is not the primary residence of the debtor, you need...
Archived
After natural end of lease of 1 year, tenant stayed additional 5+ years. Lease says it is a month to month lease;
Jeffrey's answer
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Answered on December 15, 2013
As my colleague noted, your lengthy stay in the premises provides you no right to linger in the premises, even though you are willing to pay...
Archived
Does the mailing time extend the 10 day period to file a Motion to Reconsider an Order of Court?
Jeffrey's answer
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Answered on December 15, 2013
Although there is a rule of procedure that allows 5 add'l days when there is an items is served, there is case law that pre-dates Rule 2.514 of the...
Archived
Do I need an attorney to fight being sued for my ex husband's debt from 2007. It's a tricky situation it involves Arizona.
Jeffrey's answer
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Answered on December 15, 2013
The first thing to address is liability for a marital debt, regardless of where it was incurred and where you were divorced--the marital settlement...