Archived
Re: our home foreclosure. We received a civil action summons. We have 20 days to respond. What do we write to the court?
Shawn's answer
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Answered on February 05, 2013
You should talk to a local attorney before responding. While you are able to represent yourselves you risk waiving possible defenses by poorly...
Archived
Can I still sue for remainder of my security deposit though I didn't object within 15 days
Shawn's answer
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Answered on February 05, 2013
The statute is Section 83.49. There are a few different time periods involved.
The landlord has 15 days to return the deposit or 30 days to...
Archived
I'm buying a REO with a tenant in place paying below market rent. He wants to keep rent low in return for making repairs
Shawn's answer
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Answered on February 05, 2013
You ask a lot of good questions, and are correct to be cautious about this transaction. You should seek the advice of a local attorney before...
Archived
After I countered a settlement offer how fast can they levy my account in case they try to set me up? Now they know i have some$
Shawn's answer
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Answered on February 05, 2013
They can freeze your account at any time they know you have money subject to garnishment. What was the basis of your exemption? While debt...
Archived
Can my house go to foreclosure since I have not paid the second mortgage payments for the past three months?
Shawn's answer
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Answered on February 03, 2013
If the lien is proper against the house, then yes the second lien can foreclose regardless of the amount owed.
However, is the second a mortgage...
Archived
My landlord has a final judgement with sale date. does he legally still own the property.. he served me with eviction papers
Shawn's answer
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Answered on February 03, 2013
I agree with my colleaugue's answer. Until the foreclosure sale is completed and a certificate of title issued by the Court, or until he sells it...
Archived
Pecking Order? Curious to know how foreclosure hearings are scheduled? Is it by representation? If some defendants have
Shawn's answer
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Answered on February 03, 2013
The hearings typically get scheduled by the attorneys, who request hearing dates and times from the judge (either through their legal assistants or...
Archived
Is a Homeowner responsible for collection agency fees, if thier late check was cashed prior to receiving the certified letter?
Shawn's answer
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Answered on February 03, 2013
Pursuant to Florida Statute 720.3085(3)(a) & (b) - if the association rules allow, the association my charge late fees; and any payment received by...
Archived
I purchased an HOA forclosure at auction. The bank has a lien on the property for the 1st mortgage...
Shawn's answer
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Answered on February 03, 2013
As you are now the owner through the HoA foreclosure, the former homeowner has no further authority to proceed with the short sale with the...
Archived
I filed bankrupcy 12 years ago and never reaffirmed the debt, but I got served papers along with my husband. Can they include me
Shawn's answer
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Answered on February 02, 2013
Given the bankruptcy discharge and the lack of any reaffirmation, the bank included you in the foreclosure because you signed the mortgage - in...
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