Archived
I just recieved and outstanding balance notice from my lender (PNC Bank) after my short sale can I be sued for this?
Hamid's answer
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Answered on September 09, 2010
This should never have happened. Usually, you would have had your lawyer review and/or negotiate a release of liability from the lender during...
Archived
Arizona Home was foreclosed and sold at auction by 1st mortgage holder. What to do about 2nd mortgage?
Hamid's answer
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Answered on February 17, 2010
They might be able to sue you under Arizona law. I very much doubt that IA law has anything to do with the situation. That being said, it is very...
Archived
Is Ch 7 BK trustee entitled to any of the excess proceeds from lender’s foreclosure of home that sold for more than mortgage?
Hamid's answer
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Answered on February 17, 2010
Word of caution in relying on non-Arizona Bankruptcy answers: Arizona has opted out of the federal exemptions, so the very good answer provided...
Archived
How do i file bankruptcy
Hamid's answer
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Answered on October 20, 2009
Putting together a Bankruptcy filing and guiding yourself through the process is exceedingly complex. There are many competent Bankruptcy lawyers...
Archived
For non-judicial foreclosures in AZ, is it true that a HELOC lender cannot come after you for a deficiency?
Hamid's answer
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Answered on October 18, 2009
Unfortunately, there is no easy answer to your broader question. Most attorneys would say that you are protected by the anti-deficiency statute in...
Archived
Does a summons need to be served within a certain amount of days of the photo radar offence?
Hamid's answer
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Answered on October 18, 2009
There are a couple time periods in play. The ticket/complaint must be filed with the court within 60 days of the offense. From the date the...
Archived
Served summons for an unpaid debt..what happens next?
Hamid's answer
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Answered on October 18, 2009
If you do not file an Answer or Motion to Dismiss within that 20 day period, the creditor will likely file something called an Application for...
Archived
When do you have to surrender your vehicle if you don't reaffirm the loan?
Hamid's answer
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Answered on September 14, 2009
I agree with the prior answer. However, I'm assuming you are behind on the loan and are upside down on the debt. In my experience, your lender...
Archived
I received a photo radar ticket left in my front door. Don't I actually need to get served by a person, hand to hand? Help!
Hamid's answer
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Answered on September 14, 2009
You do need to be served, but it appears that the process server left the documents and will tell the court you were in fact served. That is not...
Archived
What is my liability for a non purchase money HELOC on my primary residense if I am forclosed on?
Hamid's answer
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Answered on September 14, 2009
You might have some liability following a trustee sale for the deficiency on your 2nd since it was not purchase money. It is, however, up to the...
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