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I am a Florida resident who has been in the foreclosure process for some time now. Due to a shift in the bank's attorney, it is
Rebecca's answer
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Answered on May 24, 2011
If the HOA files a foreclosure, it will be a litigation process just like the bank's foreclosure action, which means there is no definite time...
Archived
Can I file Motion for Continuance or Object to Order Setting case for non Jury Trial in a Foreclosure case
Rebecca's answer
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Answered on May 23, 2011
It is quite common in Florida for the HOAs to file notices for trial because they can't get paid any fees on the unit until the property is sold. ...
Archived
If condo association receives final summary judgement of foreclosure and there is a mortgage, what happens next?
Rebecca's answer
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Answered on May 21, 2011
Yes the HOA would have to file a foreclosure action and send the property to sale before they could evict you; otherwise title is still in your...
Archived
Banks
Rebecca's answer
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Answered on May 20, 2011
Yes I agree with Mr. Anderson, be very careful if you are asked to sign a modification agreement. They are usually beyond one-sided in favor of...
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My husband and I are recently divorced and my name is on the deed of our townhouse but not on the loan. He now wants to star
Rebecca's answer
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Answered on May 11, 2011
If your name is on the deed to the property it sounds like you also have an ownership interest in the property. I don't believe your ex-husband...
Archived
The new owner (due to a foreclosure) has requested a rent payment without a lease or written agreement. Am I obligated to pay?
Rebecca's answer
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Answered on May 11, 2011
Usually, if there is no written lease you are a tenant on a month-to-month basis. If it's just a month-to-month lease they can often give you 2...
Archived
Do I have to pay my HOA fees after the final judgement?
Rebecca's answer
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Answered on May 11, 2011
According to Fla. Stat. 718.116, the new owner of the property is usually only responsible for the assessments "which accrued or came due during...
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Morgage Modification and Foreclosure
Rebecca's answer
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Answered on May 11, 2011
This scenario is all too common and many people on Avvo have reported that this has happened to them. If you have complied with the terms of your...
Archived
Am I reading this correctly, the nc. g.s. states that affidavits must be received two days before msj hearing date.
Rebecca's answer
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Answered on May 10, 2011
I am only a Florida attorney but the rule you are talking about sounds similar to our own Florida rule relating to summary judgments. Our rule...
Archived
If Civil Rules of Procedure are amended midstream, which version applies?
Rebecca's answer
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Answered on May 10, 2011
You didn't say which Rule was amended but I agree with the previous answer, changes in laws have prospective (going forward in the future)...
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