Archived
I purchased a property through First Mortgage foreclosure. How can I get HOA to claim from surplus to satisfy its lien?
Jonathan's answer
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Answered on July 08, 2015
The HOA has no legal duty to apply for the surplus as by statute surplus all goes to the former owner if if he/she applies for it. You will still...
Archived
Collection agency from charged off 2nd mortgage is trying to collect. Charged off in 2009. What is statute of limitstions in fl
Jonathan's answer
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Answered on July 08, 2015
I am not sure if you asked this question recently, but that was a very similar question asked recently. Charging off the debt means nothing to the...
Archived
Judge has an eviction notice any minute, but realtor has my payment ---I was passed the 5 days to pay -can they still evict me?
Jonathan's answer
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Answered on July 08, 2015
You've asked this question before. In Florida the landlord can still take all of the rent money die and still evict you. Yo owe the rent regardless...
Archived
My depo is being used in court but I never received a read letter. I did not waive reading and signing. Can that depo be used.
Jonathan's answer
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Answered on July 08, 2015
In short yes it is still able to be introduced as evidence.
Archived
I purchased a home through judicial foreclosure in a HOA, who's articles were amended 8 days before sale. Am I liable for fees?
Jonathan's answer
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Answered on July 08, 2015
Maybe. But it sounds like they are trying to trump statute which says that the new owner in a HOA is jointly liable with the old for unpaid...
Can a HOA change all Declarations with a 67% majority vote even when it says "Except as provided in this Declaration"?
Jonathan's answer
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Answered on July 07, 2015
Yes with a 67% vote they can amend the declaration to prohibit rentals. They typically will have to grandfather current units in though.
Archived
Does time enlargement motion lapse as moot beyond extension request date?
Jonathan's answer
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Answered on July 07, 2015
In short no. You need to hire a lawyer if you do not understand the rules of civil procedure fully as one misstep can hurt your case greatly.
Archived
I bought a house from a Bank REO auction , should I be afraid of an unrecorded mortgage in the future trying to foreclose ?
Jonathan's answer
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Answered on July 07, 2015
Depends if they were joined as defendants in the foreclosure case and their liens extinguished or not. It is too late now to back out and a lawyer...
Archived
Does the bank have to pay off HOA and municipality liens when selling a house at a BANK REO auction ?
Jonathan's answer
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Answered on July 07, 2015
In short, no. The bank under the safe harbor statute only needs to pay the HOA 12 months of assessments or 1% of the original mortgage. Other...
Archived
Is pro se party permitted to list for hearing other party's attorneys motion to withdraw?
Jonathan's answer
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Answered on July 07, 2015
You need to hire a lawyer you keep asking questions that show you are not equipped to represent yourself.
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