Archived
Can I sue my mortgage company for giving me misinformation and allowing my HOA to foreclose on my home and being evicted?
Benjamin's answer
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Answered on January 31, 2018
Granted, you should always talk to one or more lawyers when you are being sued. However, did the bank rep ever suggest you speak to a lawyer? Or...
Archived
What and how do we get a wrongfully placed lien on our property?
Benjamin's answer
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Answered on January 27, 2018
The only way that you could potentially avoid not handling it in this lawsuit is by going back to the title company and explaining the situation...
Can a bank sue a wife if her husband is being sued for a foreclosure. She did not sign a mortgage or note.
Benjamin's answer
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Answered on January 19, 2018
Yes. In order to get clear title, the lender must sue anyone who could have a claim on the property. For example, if the property was worth $500k...
Is there an Statute of Limitation on Second Mortgage?
Benjamin's answer
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Answered on January 16, 2018
The short answer is 5-years from the maturity date of the note / line of credit. We have seen several cases where folks received similar letters...
Is there an Statute of Limitation on Second Mortgage?
Benjamin's answer
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Answered on January 16, 2018
The short answer is 5-years from the maturity date of the note / line of credit. We have seen several cases where folks received similar letters...
Archived
Does my landlord have the right to evict me or do I have the right to sue for the rental payments made previously?
Benjamin's answer
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Answered on January 12, 2018
Your lease contract is separate a separate contract than the note and mortgage contracts involved with the foreclosure suit. One has nothing to...
Archived
How can I dispute a mortgage deficiency on my credit report if a deficiency judgement lawsuit was not filed timely.
Benjamin's answer
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Answered on January 10, 2018
In deficiency land, the statute of limitations is presently, legally murky. I would however, if it is a single family residence, attempt to rely...
Can an Equity Line of Credit Foreclose and cause the property into default as well?
Benjamin's answer
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Answered on December 11, 2017
You said liable on the mortgage. Did you sign the promissory note first relative to the first mortgage? Did you sign note on the home equity line...
Archived
5 year statute of limitations on foreclosure
Benjamin's answer
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Answered on October 16, 2017
While individual circumstances vary, I would generally agree. Under the Florida Supreme Court's Bartram decision, a lender should have up to five...
Archived
Can an action that was dismissed with prejudice be vacated and is there a SOL for them to file to have the order vacated?
Benjamin's answer
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Answered on October 16, 2017
There is not sufficient information to answer your question. The Supreme Court of Florida re-wrote the law on statute of limitations - redefining...
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