Archived
Our bank filed forclosure in early 2009 but didn't follow up.The Courts have dropped it for lack of prosecution. Now what?
Stephen's answer
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Answered on September 24, 2010
The good cause issue is brought by the court not the lender. If no party appears at the hearing the foreclosure will be dismissed but may be...
Archived
What are the legal consequences of walking away from my house?
Stephen's answer
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Answered on September 24, 2010
If your home on the date of the foreclosure sale is worth less than the final judgment of foreclosure you could be subject for a deficiency...
Archived
I am being sued for outstanding credit card debt how can i defend myself
Stephen's answer
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Answered on September 24, 2010
Obviously you can file bankruptcy to discharge the debt if you have not previously filed in the past eight years. However, in terms of defending...
Archived
My husband owes $75K in cc debt. Am I responsible and if he passes before paid, will I lose our home
Stephen's answer
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Answered on September 24, 2010
If you did not jointly apply for the credit cards and did not use the cards you have no liability for the credit card debt. If there is a mortgage...
Archived
Am I liable for a lost mortgage/note on a foreclosed house?
Stephen's answer
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Answered on September 24, 2010
If you both file a chapter 7 bankruptcy the mortgage debt will be discharged. If the lender has a problem selling the home due to defects in the...
Archived
As a condo association do we have any recourse in obtaining deliquent association funds from an owner that is in foreclosure
Stephen's answer
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Answered on January 10, 2010
You need to contact your association attorney to sue the delinquent owner. Even if the property is foreclosed the delinquent owner still owes...
Archived
Forclosre Sale
Stephen's answer
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Answered on January 10, 2010
The purchaser at the foreclosure sale acquires title after issuance of a Certificate of Title which occurs 10 days after the foreclosure sale. If...
Archived
My HOA has foreclosed on my property and has a sale date for 11/25/09. Is it to late to seek help?
Stephen's answer
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Answered on January 10, 2010
Once a Florida court has entered a judgment of foreclosure against you, you may not collaterally raise issues unless you can set the judgment...
Archived
Who has the right to foreclose?
Stephen's answer
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Answered on January 10, 2010
1. A mortgage is not "assigned" to a servicer. A servicer is hired by the owner of the mortgage to service the loan. The servicer is a...
Archived
What is the lender entitled to after default, FL?
Stephen's answer
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Answered on January 10, 2010
I am licensed in Florida and can address the Florida portion of your question. The Circuit or County Court in Florida will have jurisdiction over...