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Hi I was served with a lawsuit from my mortgage companyWhich I answer it within the twenty day ireceived a dropping of party?
Benjamin's answer
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Answered on September 07, 2016
Likely they are dropping an unknown spouse or unknown tenant from the lawsuit. I would suggest that you lawyer-up. Going it alone is very risky. ...
Archived
Why would a bank not write off a mortgage deficiency debt that is past the statute of limitations and therefore not send a 1099c
Benjamin's answer
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Answered on September 02, 2016
If the foreclosure suit was contested, the lender may have the option whether or not to issue a 1099-C. This is because, theoretically, the...
Archived
Line of Credit on House included in Bankruptcy 6/07. BOA never followed through with to take house
Benjamin's answer
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Answered on August 30, 2016
One may have a good argument that the lender waived its rights. We have a client or two in this position. Has the lender already filed a...
Archived
Chase bank sudden increase payment from $3000 to $15000. I want to sale for a profit. How erase crazy fees eating all my equity?
Benjamin's answer
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Answered on August 28, 2016
Yes Chase is the worst. Our office has seen multiple examples of improper conduct from Chase. Yes, it sounds like suing Chase may be the right...
How do I answer a foreclosure summons when I no longer live in the home
Benjamin's answer
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Answered on August 26, 2016
If you signed the promissory note and the if the property is upside-down, you are at risk of a deficiency judgment, so yes, you should lawyer-up...
Archived
Deficiency judgment on HELOC but no foreclosure in Florida?
Benjamin's answer
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Answered on August 25, 2016
The final answer to your question is pending before the Florida Supreme Court in a case called "Bartram". If they [the lender] has not formally...
Archived
If a mortgage lien has been released, is the debt settled?
Benjamin's answer
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Answered on August 25, 2016
Typically no. They could still sue on the debt / promissory note itself, and opposed to suing on the note and mortgage lien. However, we have...
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Archived
Do I have a good case for quiet title or should I leave it alone and live free?
Benjamin's answer
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Answered on August 19, 2016
If both dismissals were voluntary, the law should support a quiet title suit - assuming you lawyer up with someone who is good. We are pursuing a...
Archived
Can an old foreclosure case on the same property be merged with a new foreclosure just filed?
Benjamin's answer
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Answered on August 19, 2016
Not having the original note does not prevent them from foreclosing. You may have a statute of limitations defense, depending on what the Florida...
Archived
What can I say in a foreclosure summons letter so I have time to seek legal advice?
Benjamin's answer
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Answered on July 09, 2016
Send a letter to the court clerk and include the case number and sign it and list your address and cc the attorney's firm requesting an extension...
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