Archived
7 months behind a homely house mortgage. Nothing fancy. Started getting letters from bank and now lawyers about foreclosure.
Michael's answer
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Answered on April 29, 2013
I strongly endorse the advice of my colleagues. As a matter of course, you should never actively avoid service of process and in a foreclosure...
Archived
My condo is underwater. Had 1st mortgage modified, Hoa threatening foreclosure, made two offers to repay and turned down.
Michael's answer
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Answered on April 29, 2013
To answer your first question, the HOA would most likely file a foreclosure (even on an underwater condo) because there is a booming industry of...
Archived
Can hoa file a lien 5 months after foreclosure sale
Michael's answer
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Answered on April 29, 2013
Generally speaking, a HOA lien remains valid even though a foreclosure by the mortgage holder may have been initiated. Therefore, a homeowners'...
Archived
We have been given permission by the owner of a piece of property to sign for a second mtg on the property in a limited amount.
Michael's answer
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Answered on April 29, 2013
As my fellow attorney has stated, you should absolutely consult with an experienced real estate attorney in your area prior to consummating this...
Archived
When exercising assignments of rents or leases is bank required to furnish amount collected?
Michael's answer
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Answered on April 29, 2013
Generally speaking, most mortgages contain an assignment of rents and leases which is given as additional collateral for the loan. That being...
Selected as the best answer
Archived
Foreclosure sale due on April 30th. The deed/title is in my deceased husband's name and mine. Mortgage in husband's name only.
Michael's answer
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Answered on April 29, 2013
You need to speak with a licensed foreclosure defense attorney IMMEDIATELY to see what rights and remedies are available to you. While the sale...
Archived
Bank tried to set aside foreclosure. They lost and now I can not recover attorney fees? Appeal?
Michael's answer
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Answered on April 29, 2013
I recommend that you first speak directly with the attorney who represented you in both the trial court and on appeal as that lawyer's advice will...
Archived
Can another debtor collect on a 2nd mortgage after 5yrs?
Michael's answer
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Answered on April 29, 2013
Writing off your mortgage and satisfying it are, unfortunately, two different things. Therefore, it is possible that the mortgage still...
Archived
How quick can the condo assoc. Evict me after a foreclosure sale?
Michael's answer
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Answered on April 29, 2013
Under Florida law, ten days must pass before a winning bidder of a foreclosure auction can move for a certificate of title and a subsequent writ of...
Can a non borrowing spouse be sued for foreclosure when she isnt on the mortgage just the deed?
Michael's answer
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Answered on April 29, 2013
Because you are on the deed, you are (one of) the owners of the property and are therefore what's known as an "indispensable party" to the...
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