Archived
My mortgage company refuse to give me any option other then foreclosure, Is there anyway I can stop this process?
Benjamin's answer
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Answered on May 26, 2018
While it is possible other options could be developed through legal leverage, only the judge can force a lender to do something they don't want to...
Archived
How to I respond to a summons for forclosure?
Benjamin's answer
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Answered on May 24, 2018
You should file a "Motion for Extension of Time to Respond" and point out that you are working on a settlement. Better to hire a lawyer than to do...
Archived
Can I file for Motion to Dismiss Foreclosure Lawsuit, I have my home under contract for short sale?
Benjamin's answer
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Answered on May 17, 2018
First, I would have one or more lawyers review your case. Second, did you retain copies of the 2008 loan Mod and proof of the payments made. It...
If I stop making payments on an equity line of credit on my home, can they foreclose on my home??
Benjamin's answer
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Answered on April 22, 2018
Yes, they can, but often they just file suit seeking a money judgment. While our firm is defending three second mortgage / HELOC foreclosures, it...
If a second mortgage forecloses on a house, what happens to the first mortgage?
Benjamin's answer
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Answered on April 20, 2018
If the lender is successful in foreclosing off your ownership interest, you lose the property and still owe the debt on the first mortgage. ...
Archived
Missed judgement against 50% owner who sold property. What am I entitled to?
Benjamin's answer
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Answered on April 07, 2018
In order for a judgment to be a lien on real property, a certified copy must be re-recorded in the county where the property is located, and the...
Archived
How can I approach a foreclosure that was filed on me after the Florida statue of limitations has passed?
Benjamin's answer
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Answered on March 30, 2018
My firm is litigating a similar case. While the Florida Supreme Court's November 2016 Bartram v. US Bank decision extends Florida's Statute of...
Archived
Foreclosure filed February 3 2013, dismissed without prejudice. Bank has yet to refile, can the foreclosure be refiled.
Benjamin's answer
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Answered on March 02, 2018
Under your description, yes. However, there could be reasons why they shouldn't. For example, we have a case that went to trial in 2015. We...
Can a HELOC become an unsecured debt?
Benjamin's answer
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Answered on February 27, 2018
You would have to have some other trigger to begin the 5-year SOL. For example, a stated maturity date on the HELOC prior to 5-years before suit,...
I won my foreclosure case and I got a Satisfaction of Mortgage for the First Mortgage, but not the Second mortgage.
Benjamin's answer
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Answered on February 27, 2018
By 5 year HELOC, you mean the loan actually matured in 2012. In other words, the loan lists a maturity date in 2012? If so, you are probably...
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