Archived
Is chapter 13 going to help me save my asset, by clearing my debt due to deficiency judgement and HoA fees, after foreclosure?
Benjamin's answer
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Answered on June 15, 2016
The best way to avoid a deficiency is to aggressively defend the foreclosure to gain leverage to get the lender to agree to refrain from pursuing a...
Archived
What amount does the Lender go by for a Modification?
Benjamin's answer
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Answered on June 10, 2016
First, the lender has complete discretion concerning which loans they modify. Second, the lender makes such decisions based on its balance sheet,...
Archived
Can you continue to fight foreclosure after filing for ch 7 bankruptcy?
Benjamin's answer
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Answered on May 02, 2016
It depends. The short answer is that recent caselaw says no. However, there could be reasons that you could. It is risky to go it on your own.
Archived
Foreclosure sold below market value and sent me to collections for difference-FL
Benjamin's answer
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Answered on April 26, 2016
If the final judgment was for foreclosure only, and not a money judgment also, and it was residential property, the lender has one year from the...
Archived
Which court should I sue the Servicer and or Deutche bank for Breach of Mortgage Modification Contract?
Benjamin's answer
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Answered on April 20, 2016
I you haven't signed a formal written modification yet, they may be waiting until you sign a formal written modification. In the mean time, you...
Archived
How long and from what time frame can a mortgage provide refile a foreclosure?
Benjamin's answer
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Answered on April 18, 2016
The Florida Supreme Court is considering this issue as we speak in the "Bartram" case. By all reason and logic and how all other statutes of...
Archived
Im renting a house that may go into foreclosure. What are my rights as a tennant. I live in florida
Benjamin's answer
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Answered on April 16, 2016
Your rights as a tenant are controlled by the lease. Your agreement with the landlord is separate from the owners agreement or dispute with the...
Are these Dyck-O'Neal deficiency lawsuits holding up in court?
Benjamin's answer
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Answered on April 08, 2016
The Dyck O'Neal suits are holding up if you don't have a good reason to prevail. There are defenses based on mortgage insurance, 1099-Cs, bailout...
Archived
Bank accelerated loan in foreclosure process but is still sending statements asking for monthly payments. Is this allowed?
Benjamin's answer
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Answered on April 04, 2016
This is not enough information to give you a good answer. However, you may be able to spin this situation to your advantage. Do you have a...
Archived
Looking for an Orlando appellate attorney for foreclosure case
Benjamin's answer
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Answered on April 04, 2016
I don't believe it matters where your appellate attorney is located, however, you need to keep copies of absolutely everything to hand off to...
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