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Christopher Charles Dyer
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Christopher Dyer’s Answers

134 total


  • In the State of Florida, is a 1st mortgage only used to purchase a property?

    If you already have owned the property for about 5 years and then borrow from a bank and a mortgage is drawn up, is this a 1st or 2nd mortgage in the State of Florida?

    Christopher’s Answer

    I agree with Ms. Golant. It is a First Mortgage.

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  • The bank told me to leave my home and I did. Was this unlawful eviction?

    My bank offered a modification that I completed successfully 2 times, making each and every payment on time every time. They denied my request for a 3rd modification and would not make either the first or the second permanent. After they told me...

    Christopher’s Answer

    Please see an attorney immediately! If what you are saying is true, there are multiple violations of the law.

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  • Our foreclosure was dismissed with prejudice!

    We have not heard from a banking institution for 4 years and have no idea who even has the home loan...not what?

    Christopher’s Answer

    At this point you should look at the public docket to see if there has been any record activity. You can go to www.pinellasclerk.org and click on the search court records tab on the left hand side. Then search by your name.

    Eventually your mortgage and loan will make it to a law firm that will file a lis pendens and a foreclosure law suit on behalf of whatever servicer claims to have rights to it at that time. It is then that you will want to consult a foreclosure attorney in the area to discuss your rights, your goals, and how to proceed.

    In the event that you wish to pay off the loan, you will need to investigate to determine what company owns your note and what servicer is assigned to it. Most attorneys familiar in this practice area will be able to help you find that information.

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  • What is the most you can get for driving without a license and on probation??

    N/A

    Christopher’s Answer

    If you are on DUI probation and it is your first DUI with no enhancement's, were put on probation, and violated probation by driving while license suspended, then the max jail time is 180 days. Many assumptions were put into my answer. Contact a competent criminal defense attorney if you are facing such a violation. Good luck

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  • What legal notices can I expect to receive for a Pasco County foreclosure action and how long do I have to vacate the premises?

    County records indicate a lis pendens was filed 3/22/12. Process Server has not caught me at home yet. I went through Ch 7 bankruptcy. I am receiving $ in 4-8 wks for the investigation of the OCC & Fed Reserve (don't know how much). If process...

    Christopher’s Answer

    You should have at least 6 months to vacate, that is, of course, an assumption just based on my experience practicing here in Pasco. You could very well have more time before you need to move out. If you are not served with process, the plaintiff will serve you by publication as indicated, of course this will take a decent amount of time, once service is perfected, they will be able to move to Summary Judgment, and, if you do not defend yourself, cruise on to a sale date. You should receive all the notices regarding important court dates in the mail, yes. Hiring an attorney may amount to you having more time in the home and you will have a better idea of the timeline as the litigation proceeds.

    Call my office if you would like more information.

    Chris

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  • Should i hire a lawyer? and what should i do

    It was a Friday night and my buddy Alex picked me and my ATV up from my house in his truck. We went to my friend Jons house, and When we got their i adjusted the valves on my ATV. We all decided to go out to a place next to my friend Jons house th...

    Christopher’s Answer

    You do need to hire an attorney. Some attorneys would agree to take care of the civil infractions along with the Criminal citation. In any event, you can not wait until the court date on the criminal citation to take care of the civil citations. By then the time to respond or pay the civil citation will have passed and your license could get suspended. Feel free to call my office for more information.

    Chris

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  • We filed bankruptcy and gave up our primary residence. What is a notice of a court hearing for "clerk's default"?

    Our attorney had advised us to disregard all filings until we receive a "summary judgement". At that time, we should attend court and let them know we are living there. That will guarantee us 60 days to find a new place to live. Can you confirm?

    Christopher’s Answer

    If a default is entered against you, you lose your right to fight virtually everything in the case except what is called "unliquidated damages"... You should discuss with your attorney whether you should file an answer or participate in some way before the default is entered, that way you can defend the case, should you later decide to do this.

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  • Can I be charged for possession of method?

    I recently took to much Molly one night had a friend take me to a volunteer fire fighters house to get medical attention. The ambulance was called and police showed up as well. Before anyone got there my friend went and got the rest of the Molly a...

    Christopher’s Answer

    Based on those facts alone there is no showing that you had possession of the molly. If you had some in your pocket or otherwise on you, then you might be charged. If yiu are charged, you may have defenses-to establish them you should retain a criminal defense attorney.

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  • I owe a balance of $7900 on my probation. Will I have to go to prison?

    I am due to end probation in just over two months which leaves me with no time to get the $ 7900 paid off . I have been to every probation visit and had no type of issues for the last four years while on probation . My charge was felony Grand T...

    Christopher’s Answer

    It depends on the reason that you have not paid the cost/fees/restitution- It appears that if it is a 3f GT, then you will be out of time and can not get your probation extended.

    To find you in violation of probation for failure to pay cost/ fees/ and restitution, the State will have to proof that your not paying was "willful." If you have been making every effort possible, then you may be able to have the outstanding costs assessed as a lien. You need to try to pay as much as possible in the next 2 months. It appears to me that if you are in this position, you can not afford private counsel. If this is the case, you need to work diligently with your public defender to go over the likelihood of you being found to have willfully violated your probation.

    Good luck to you.

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  • Currently on probation, have a violation coming up 8 months left, all money paid, Grand Theft 3rd Degree, $300 what will happen

    What is the worst that could have, I have 1 prior of 3rd Degree Grand Theft in the state of Florida, 18 months probation served plead no contest with adjudication withheld, what will happen now? What is the best case scenario and what is the worst?

    Christopher’s Answer

    Agree- worst is prison, best is reinstatement or revoke and terminate. It depends on what the violation is- a new charge, travel out of county, break other rules of probation? Your question really can not be answered without looking at the vop report and plea form.You need to get a criminal defense attorney on it as soon as possible.

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