Archived
Can a Quit Claim Deed be Filed / Transferred from one spouse to another taking one of the parties off of the mortgage
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Answered on November 21, 2016
If you are both on the note, transferring title does not get her off of the note. You may want to think about filing bankruptcy, which will get...
Archived
Can i stop a garnishment if i am on a medical retirement?
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Answered on November 21, 2016
A summons is not the same thing as a garnishment. It sounds like you have just been served with a lawsuit, and if they get a judgment against you,...
Archived
Supreme Court of Florida Opinion on SOL, Bartram case
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Answered on November 20, 2016
Normally, if a lender forecloses on property in Florida (such as here in Naples), it can sue you for the deficiency - the amount still due after it...
Archived
My husband and I own a home in Florida and we have been served papers that a Personal Judgement is going to be filed against us.
Brian's answer
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Answered on November 16, 2016
Each state has its own laws with regard to which property is protected from a judgment. Florida has a pretty good homestead protection law. ...
Archived
Need legal advice regarding the below debt.
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Answered on November 13, 2016
Here in southwest Florida, bankruptcy may be your cheapest and best option. Consult an attorney.
Archived
How much it cost for litigation in court including attorney fee?
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Answered on November 11, 2016
Your recourse is first determined from reviewing the escrow agreement if one was signed. Also, depending on the situation, you may be entitled to...
Archived
What is the required response time for a motion to dismiss and/or a response to a summons?
Brian's answer
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Answered on November 09, 2016
Usually, you either file a Motion to Dismiss or an Answer, not both. It sounds like you did both. Since you filed your Answer, the Motion to...
Archived
I junior lender of a 80/20 mortgage won a judgement against me in July of 2016 for a home foreclosed in 2008
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Answered on November 07, 2016
There are many missing facts in your question. They may have served by publication if you never received anything. The statute of limitations may...
Archived
Is there a term limit on a reopened contract and indebtedness case?
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Answered on October 27, 2016
It is difficult to answer your question without seeing the docket of the case. "Disposed" could be anything. If they got a judgment against you,...
Archived
How can I force a sale of a co owned property in Florida
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Answered on October 20, 2016
You would most likely need to file a partition action. Attorneys charge on an hourly basis to do that.