Archived
Does a lender have to serve all parties concerned with property going into foreclosure ?My name is on deed .
Sheryl's answer
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Answered on November 05, 2013
If you are on the deed to the property, you would be an indispensable party to a foreclosure action and would need to be served with a copy of the...
Archived
BOA - Deed in Lieu?. Signed agreement & moved out as of August 1, 2013 yet the bank has "Not" changed the property name
Sheryl's answer
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Answered on November 04, 2013
As you are experiencing, Bank servicers are often not the speediest in taking back property, even when it is in their best interest to do so. You...
If we received a 1099-C from our mortgage company, do we still owe for a deficiency judgement.
Sheryl's answer
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Answered on October 30, 2013
A 1099-A or 1099-C is a form filed by the lender with the IRS for tax purposes to report transactions for those who have walked away from an...
Archived
What is the time limit for lender to respond to a defendants Motion to dismiss ? Mortgage foreclosure.
Sheryl's answer
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Answered on October 21, 2013
The rules of procedure require that the Plaintiff file something - anything - at least once every 12 months. If there is no record activity for a...
Archived
What are my options if a deed in lieu contract states the bank has the right to pursue judgement? Do I have other options?
Sheryl's answer
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Answered on October 08, 2013
Based on the facts that you have stated in your question, there should be no reason why you would not be able to qualify for a short sale or deed...
Archived
Can I stay in my house through a short sale?
Sheryl's answer
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Answered on September 20, 2013
If you can't close your short sale before the foreclosure sale, you or your attorney should call the lenders' foreclosure attorney and ask to have...
Archived
If a plaintiff in a civil lawsuit does not exist?
Sheryl's answer
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Answered on September 12, 2013
Believe it or not, this happens all the time in mortgage foreclosure cases. That is part of the reason why foreclosures are such a mess in...
Archived
Does a final judgment of foreclosure mean the bank now owns the property or is it still legally owned by person foreclosed on?
Sheryl's answer
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Answered on September 05, 2013
Until a foreclosure sale is held and a certificate of title is issued by the clerk of court, the borrower-property owner still owns the property.
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Archived
Foreclosure question about bank mergers and the two-dismissal rule
Sheryl's answer
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Answered on September 04, 2013
As you are probably aware, the "two dismissal rule" states that if a plaintiff voluntarily dismisses a lawsuit based on the same facts and...
Archived
I foreclosed on condo in Mia, Fl. Am I responsible for the full amount of unpaid maintenance dues, late fee & their atty. fees?
Sheryl's answer
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Answered on August 29, 2013
If you were the first mortgagee, your exposure is limited to the lesser of 1% of the original principal balance of the loan or 12 months of dues,...
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