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The spouse would have signed the mortgage but not the promissory note if he or she was a title holder or even if not on title, due to the Florida homestead provisions.Jordan E. [read post]
1 Apr 2012, 8:35 am by Francis M. Boyer, Esq.
Homeowners associations can also seek a personal judgment, whereas a mortgage company or a bank has to foreclose on the property before they can seek a deficiency judgment against the owner or former owner. [read post]
20 Mar 2012, 6:50 am by Jonathan Alper
There will be a malpractice suit filed; insurance company will settle; and things will go on as they are. [read post]
26 Feb 2012, 8:48 am by Jonathan Alper
    In a recently decided bankruptcy case a debtor’s statement of intentions indicated he wanted to surrender his homestead to the mortgage company. [read post]
24 Feb 2012, 1:00 am
If a lien is not properly recorded, the lien does not attach to the property and is as unsecured as a credit card, i.e. you don't pay your mortgage and the lender can't take the homestead. [read post]
23 Feb 2012, 9:58 pm by Karla Martinez
We had an instance where the mortgage company actually called our office to inform us of a loan modification opportunity for one of our clients. [read post]
15 Feb 2012, 9:33 am by Jonathan Alper
In a recently decided bankruptcy case a debtor’s statement of intentions indicated he wanted to surrender his homestead to the mortgage company. [read post]
6 Feb 2012, 5:01 am
Mortgage companies who secured the property with the mortgage can foreclose in addition to mechanics or construction lienholders. [read post]
30 Dec 2011, 11:26 am by Rich Vetstein
The ruling left many innocent homeowners and title insurance companies scrambling to deal with titles rendered defective due to the ruling. [read post]
3 Dec 2011, 9:56 am by Law Lady
Bankruptcy Court, Middle District of Florida, Tampa Division.Bankruptcy -- Dismissal -- Chapter 7 -- Abuse -- Considering totality of circumstances, granting relief to debtor would constitute substantial abuse of bankruptcy process as set forth in 11 U.S.C. section 707(b)(3) where debtor has sufficient disposable income to pay her unsecured creditors in full within sixty months -- Debtor is not entitled to Chapter 7 relief -- Deductions for voluntary 401(k) contributions and repayment of 401(k)… [read post]
30 Nov 2011, 4:26 pm by Jonathan Alper
The court pointed out that surrender of a homestead to the mortgage company is not required to claim wildcard benefits. [read post]
22 Nov 2011, 3:00 am by Stewart Smith
The homestead exemption laws basically restrict a credit card company from foreclosing on the debtor’s home to prevent families from losing their homes. [read post]
13 Nov 2011, 5:56 am by Jonathan Alper
The judge pointed out that a Chapter 7 trustee owes a fiduciary duty to all parties including unsecured creditors, secured creditors (mortgage company), and the debtors themselves. [read post]
9 Nov 2011, 7:19 pm by Jonathan Alper
This trustee did not file an objection to the debtor’s homestead exemption or any other exempt property.After the 30 day objection period the joint debtors decided that they would surrender their home to their mortgage company. [read post]
16 Oct 2011, 6:42 pm by Law Lady
Bankruptcy Court, Middle District of Florida, Orlando Division.Civil procedure -- Certiorari -- Depositions -- Subpoena -- Insurance adjuster who resided and worked in Hillsborough County, and who was not designated a corporate representative, erroneously compelled by county court to attend deposition in Broward county -- Petition for second-tier certiorari is denied where circuit court's dismissal of certiorari petition did not constitute a miscarriage of justiceSTATE FARM MUTUAL AUTOMOBILE… [read post]
16 Sep 2011, 12:23 pm
In Florida, the mortgage company (who has a lien on the home),anyone who performs work on the home and you do not pay up, IRS, and state and local governments can force the sale of a debtor's home. [read post]
7 Aug 2011, 12:18 pm
Mortgage servicers -- companies hired to process documents for the banks -- were forging the signatures of bank officials in order to quickly pass through documents to the court, leaving many inaccurate, yet "signed" by a person who should have actually taken the time to verify correct information. [read post]
27 Jun 2011, 6:12 am
But for people who are in that situation, our Pomona foreclosure defense lawyers believe a bankruptcy filing can be very helpful, because it gives debtors certain rights against the mortgage company and other creditors. [read post]