Archived
We had a FL investment property that was foreclosed on in February 2007 by Marshall Watson and is still not settled. What now?
Michael's answer
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Answered on March 25, 2014
The short answer is "yes." While a big uproar has been made about "moving foreclosure cases along" in this State, very little action has actually...
Archived
Foreclosure question about bank mergers and the two-dismissal rule
Michael's answer
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Answered on September 04, 2013
Unfortunately, case law from the Florida Supreme Court has held that even if a foreclosure action is dismissed with prejudice (which would be the...
Archived
If a case was filed for mortgage foreclosure and the case was closed 2 1/2 years later due to lack of prosecution mdtion and not
Michael's answer
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Answered on August 15, 2013
Your question implicates jurisdictional concerns which require a detailed analysis of just what was filed in your case. Generally speaking,...
What is an OBJECTION TO SALE when your buying a foreclosure and how long does it take to clear?
Michael's answer
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Answered on August 06, 2013
By statute, a homeowner or any other interested party may make an objection to the foreclosure sale within ten days of the filing of the...
Archived
How Will a quit claim deed help me in fraud foreclosure where the "new" mortgage company has no paperwork to prove ownership?
Michael's answer
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Answered on August 05, 2013
Deeding the property away after a lis pendens has been filed has zero implication on the foreclosure and the law appears well settled on this...
Archived
Can a bank have standing if their counsel admits that they had possession of the note at the time of complaint and not the bank?
Michael's answer
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Answered on August 05, 2013
The term "possession" is not defined in either U.C.C. Article 3, of Fla. Stat. Sect. 673, et seq. (which codifies Article 3 into Florida law). ...
Archived
In my FORECLOSURE matter, there is a major conflict with the documents involving who SHALL send the Notice of Acceleration?
Michael's answer
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Answered on August 05, 2013
I concur with my fellow attorney's position that most circuit court judges will likely ignore the PSA, and there is appellate authority to support...
Archived
Does fl statue of Limitation for re-filing a foreclosure start on the day the lis pendings is filed or when the accelaration ?
Michael's answer
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Answered on May 30, 2013
You ask a very good, albeit loaded, question. Generally speaking, the statute of limitations on a mortgage foreclosure lawsuit begins to run the...
In Pinellas county fl., how long after foreclosure auction do former owners have to vacate. Can we get kick out the same day?
Michael's answer
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Answered on May 30, 2013
Because the auction is set so soon, I encourage you to consult with a reputable foreclosure defense attorney in the Tampa Bay area (of which there...
Archived
When in the process can the title be taken from me?
Michael's answer
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Answered on May 14, 2013
I fully concur with my fellow attorney's advice and suggest that you consult with an experienced foreclosure defense attorney immediately as courts...
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