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On the eve of closing, my title company informed me that a Judgment entered against me by CACH which was discharged in my Chapter 7 bankruptcy 7 years ago has now re-appeared on my credit report. They are clearly on the discharge of debtors and o...
You should determine whether the judgment appears on your credit report or on a title commitment which shows mortgages, judgments and liens. There is a critical difference. If the judgment appears on your title commitment there may be a procedure available, depending on the title company and the title company's underwriters, that will permit you to close your transaction (are you selling or refinancing?). If the judgment is still being reported on your credit report without indication that the debt was discharged in bankruptcy, there is a whole new set of issues and rights that arise.See question
I have high credit card debt. Can I reduce the amounts I owe? I do not own real estate. My auto is 15 years old. I am not behind payment on any of the cards.
From the facts you provided you should certainly consult with a bankruptcy attorney to discuss your circumstances. There are a few key facts omitted from your question such as your monthly income, household size and expenses that will determine whether bankruptcy is the best option for you. To answer your question as directly as possible it looks like the facts so far are favorable for you from an exemption standpoint. You are on the right track so far. Best of luck.See question
Of course we'll both review and sign, but is one party usually responsible for creating the document? Thanks
Either party can prepare the deed. Please note that the party preparing the instrument must put their name and contact information on the top of the deed. I suggest speaking with an attorney to prepare and record this deed for you. Many times there are items missed (failure to join grantors or spouses, incorrect legal descriptions, incorrect documentary stamp tax calculation) which can create problems down the road. Better to be sure this deed is prepared, executed and recorded properly now to prevent problems later.See question
We've used a Property Management Company for 4 years. They found a tenant who signed a 1 year lease (February 2015-Janurary 2016). The tenant stopped paying rent in September 2016. The Property Manager informed us that he placed a Notice to Pay on...
You need to hire a bankruptcy attorney immediately. Bankruptcy has a limited beneficial effect for a tenant who fails to pay rent to the landlord. It is important that you retain counsel who will review the pending bankruptcy case and advise you of your rights. Best of luck.See question
Before my father passed away he quit claim deed a property in 2014 (condo 2 bed/2bath) to me. It is my only home. The mortgage is still under his name and it is up to date ( I pay it on time every time). The Title is in my name. I receive tax info...
Based upon the facts absolutely you should be entitled to the homestead tax exemption. I recommend speaking to your county property appraiser or visiting their website to begin the application process as soon as possible.See question
A multi-owner LLC-owned apartment in Miami which I want to purchase lost its title insurance policy when its deed was signed off from its individual owner to her and her son's LLC. Should I buy it, or is this a red flag for trouble?
The key question is whether title is currently insurable through a title agent and underwriter that you select. It likely will not impact the ability to insure so long as all deeds in the chain of title are legally sufficient. Should you choose to contract to purchase this property be sure to include proper contingencies in your contract to allow you to cancel the contract in the event seller cannot convey marketable and insurable title.See question
A relative of mine may soon file personal bankruptcy. Over the past few years I have loaned this relative substantial amounts of money, but have never documented it in a promissory note or other similar document. The funds were always intended a...
Since you are a creditor you are initially steered by the manner in which your relative discloses your loans. Your relative has a duty to truthfully and accurately reflect all debts in the bankruptcy filing and, therefore, your debt should be included in the bankruptcy schedules and you should receive notice of the case filing. Once you receive the notice of case filing you may choose to consult with a bankruptcy attorney on the appropriate steps to preserve your rights as a creditor.
The reality of most individual Chapter 7 bankruptcy cases is that claims such as yours (which you properly lumped together with credit cards) receive no distribution from the case. Furthermore, you should be aware that if your relative files Chapter 7 and receives a discharge, you will be barred from collection upon the loans you made.
Best of luckSee question
She was a significant other so I will be filing as a single male. I know if it isn't mine, it isn't part of my bankruptcy but I was worried since it is in my house and in my possession, that I might have to list it on a form but just state it belo...
You may notice a question on the statement of financial affairs regarding property held for another person. That would be the appropriate place to disclose that your ex's property is in your possession. It would be beneficial for you to retain an attorney to prepare your filing and you should fully discuss the type of property that is in your possession to properly address any questions your trustee may have.See question
I missed a payment before the 341 creditormetting and the trustee dismissed my case this morning, Can I make it current and proceed as normal? I filed to stop a foreclosure will it affect that as well?
You must request that the court reinstate your case. Your question asks if you can file pro se, were you represented by an attorney in your case? If so you should discuss this matter with your current attorney. Yes, the dismissal will affect the foreclosure case too because the automatic stay benefits of bankruptcy are no longer in effect for you. I strongly suggest that you discuss this matter with your attorney or, if you are no longer represented by an attorney, discuss this matter with another attorney of your choice. Best of luck.See question
I receive annuity payment from inheritance from my dad passing away
Annuities hold a clear and strong exemption under Florida law, so generally speaking that asset should be exempt and you would not lose the annuity through a Chapter 7. Be sure to have all documents pertaining to this annuity available for review and discussion with your bankruptcy attorney to confirm.See question