Archived
Would Freddie Mac accept less than the current mortgage balance to settle?
Benjamin's answer
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Answered on December 29, 2015
We have had a number of clients who have had a short payoff as their primary foreclosure defense litigation goal. However, I'm going to estimate...
Archived
My questions, I have the houses in a land trust and an llc, if I walk away can they attach the loans to primary my home in pa.
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Answered on December 23, 2015
Tom: First, Florida's Constitutional Homestead protection will protect your primary residence from any deficiency judgment(s) if located on 1/2...
Archived
How common this is that the clerk errors and applies a default judgment to a case that had a response and time left on the clock
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Answered on December 19, 2015
A default, or a default judgment. There is a big difference. Yes the clerks make errors. Yes, a Motion to set aside is likely the right thing. ...
Archived
Can I walk away from both 1st and 2nd mortgages after I purchase another house, and what are the issues of doing so?
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Answered on December 16, 2015
If the mortgage loans were not included in the bankruptcy, you are still on the hook. If you cease paying you should hire counsel and defend the...
Archived
1st. Can they rescind an acceleration after seven years. 2nd. If so, are past payments still due.
Benjamin's answer
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Answered on December 07, 2015
This is a complex question. I would suggest hiring a lawyer immediately. We have several client who received letters - so called "notice of...
Archived
Can a foreclosure sale be stopped, with two outstanding motions that had not been heard, and remained in the record of the case
Benjamin's answer
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Answered on November 14, 2015
It sounds like you should have hired an attorney and set the motions for hearing prior to entry of a final judgment. I would suggest sitting down...
Archived
I had a foreclosure in 2010. I have now learned of a deficiency judgement against us. What do I do? I now live in NC.
Benjamin's answer
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Answered on November 03, 2015
The best, cleanest and often least expense results frequently come challenging jurisdiction or statute of limitations issues. In your case, if...
Archived
How do I force a mortgage company (servicer) to honor the modification they signed and agreed to.
Benjamin's answer
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Answered on October 27, 2015
Our office has sued to enforce loan modifications on a number of occasions. If they countersigned your changes, it sounds like you would have a...
Archived
Atty. in Fl. needs to depose financial/Bank personnel in Tx abt. foreclosures in Fl. Best way to do this? In your opinion.
Benjamin's answer
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Answered on October 12, 2015
Pay the attorney to fly out there and do the depositions. I was not inclined to do this on a recent case - citing cost-benefit analysis, however,...
Archived
Deficiency in foreclosure - does 95.11(5)(h) apply to deficiency sought by the bank in the foreclosure case (continuation)?
Benjamin's answer
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Answered on September 24, 2015
They have one year from the certificate of sale to file the motion for deficiency or potentially a new suit. However, the bigger question is ......
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