Archived
Received lawsuit from mortgage holder of property which debt was included in chapter 7 bankruptcy more than 10 years ago?
Joseph's answer
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Answered on June 03, 2019
In order to take legal title back to the property, the bank or servicer does have to legitimately file a foreclosure lawsuit naming as defendants...
Archived
Suing for damages with multiple claims under Florida Consumer Collection Practices Act
Joseph's answer
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Answered on October 13, 2014
It's unclear from your facts whether you've settled your first case or not. Keep in mind that just because they've made you an offer does not mean...
Archived
Is it a violation of the Fair Debt Collection Practices Act and bankruptcy law to contact you when you have legal counsel?
Joseph's answer
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Answered on October 13, 2014
It's definitely a violation of something. However, it's only a violation of the Fair Debt Collection Practices Act if the entity calling you is...
Archived
Do judges vacate a foreclosure because the bank stonewalled the refinance attempts?
Joseph's answer
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Answered on October 13, 2014
I agree with the previous answers. Unfortunately, once a house is sold at auction, it's a very rare occurrence indeed to have the sale vacated. ...
Archived
Hoa is foreclosing do I still have to pay hoa fees if they do I have already been discharged of mortgage through chapter 7
Joseph's answer
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Answered on August 28, 2014
This is a common problem in Chapter 7 bankruptcy cases. The previous answer by Mr. Roberts is correct in that, in a Chapter 7 case, the discharge...
Archived
Is Small Claim Courts also deal with Failure to State of claim to dismiss a case?
Joseph's answer
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Answered on August 28, 2014
The court has authority to rule on any motion that you file. If you file a motion to dismiss a case and have it set for hearing, the judge must...
Archived
Can a motion be filed and served on-line on a Sunday?
Joseph's answer
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Answered on August 28, 2014
Florida recently instituted a mandatory state-wide e-filing system for court documents. Every attorney involved in representation in a particular...
Archived
Will a judge read a letter from
Petitioner?
Joseph's answer
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Answered on August 28, 2014
Generally speaking, anything submitted to the court by a party unrepresented by counsel is usually brought to the attention of the judge. This is...
Archived
What does this mean, and is it filed by prosecution or the defense.
Joseph's answer
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Answered on August 27, 2014
If an "answer to demand for discovery" was filed, that means that at some point prior the other party filed a demand for discovery. Generally...
What is a case management court date?
What goes on in a pretrial conference
Joseph's answer
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Answered on August 27, 2014
In a state court case, Mr. Butler is correct in that case management/pre-trial conferences differ depending on the type of case, and sometimes even...
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