How can a promissory note endorsed in blank by an "attorney-in-fact" be legally binding in a foreclosure case?
Jonathan's answer
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Answered on April 10, 2017
Why not? If I said a POA to you to sign something for my business, why is that not legally binding? You need EVIDENCE that it is not, that is the...
Can my condo association dictate what type of locks l use to secure my door? My inner bolt locks cause a maintenance issue??
Jonathan's answer
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Answered on April 10, 2017
You cannot lock out the association, no. They will likely sue you to obtain access and you will owe the condo's attorney's fees too. Simply...
Archived
How can I qualify for Homestead exemption on my taxes?
Jonathan's answer
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Answered on April 10, 2017
You probably cannot unless your name is actually on the title. The trust may qualify for homestead if done correctly and proper language in the...
Does a money judgment on a note secured by a mortgage void the note and the mortgage?
Jonathan's answer
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Answered on April 10, 2017
The note and mortgage merge into the final judgment; the note really as the mortgage is just lien based on the note. The final judgment then...
Archived
Hi. Is there any reason that I couldn't buy a foreclosed or short sale (but not an auction sale) house with a Freddie Mac loan ?
Jonathan's answer
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Answered on April 09, 2017
As long as the seller would accept that type of financing then I dont see why not. Many people buy short sales with mortgages, they are not all...
Archived
Are there any attorneys that have any experience doing settlements on HELOCs with Bank of America post-bankruptcy?
Jonathan's answer
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Answered on April 09, 2017
I believe this has been asked before recently. BOA has absolutely no legal duty to settle and remove the lien; they can choose to do so but do not...
In a Ch. 13 bankruptcy, can a HELOC be negotiated down if the first mortgage is not totally underwater?
Jonathan's answer
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Answered on April 09, 2017
You can always negotiate anything; but the first and second would have to be underwater to "strip" off the 2nd inn bankruptcy. So that won't be an...
Archived
How long does it take to be removed from a home that was foreclosed on then purchased ?
Jonathan's answer
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Answered on April 09, 2017
If he short sold then he had to vacate on the closing date; this is common knowledge just like when you sell your house you are out on closing date...
Archived
The Periodic Statement Rule:
Jonathan's answer
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Answered on April 09, 2017
It applies to all mortgages, but it is not a defense to foreclosure. The response from the bank/judge will be, well did you call for the...
Archived
R home burnt insurance paid off most of it r. Principal balance is about 4000.00 the mortgage company is trying to say we owe mo
Jonathan's answer
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Answered on April 09, 2017
The unfortunate part is for only $4,000 by the time you hire an attorney and reach a settlement it my be nearly $4,000 total anyway, so you may...
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