Florida Foreclosures Legal Questions

This is the problem with piecemealing a case with legal representation. You say you paid her $600.00 to attend a hearing. She did and told you the results. NOW you are expecting her to help you prepare the responses, which you did not pay her to do, hence the consent to withdraw request. To help you a bit, you will NEVER get value out of hiring lawyers to "attend a hearing" any more than doing your own surgery and hiring a doctor todo the stitches. This is clearly either a funding issue, where youc an't pay the lawyer the legal fees as they accrue or as agreed, or some minsunderstanding about the scope of the retention, where lawyer thinks what you said, she was hired simply to attend a hearing and thats all you paid for. If you have further questions, feel free to call out offices at 1-800-922-6442 for a FREE consultation.   In response to your "witty retort" below, its the same reason they allow ignorant people such as yourself to post questions and get pissy because they don't get the answers they like or because they cannot coherently form a proper question with accurate facts. Your right, I could not possibly know the actual facts in your case, so I am forced to deal with the ones you provide. YOU were the one that stated your hired her to attend a single hearing and paid a whopping $600.00 for her services (which typically is about 2-3 hours of lawyer time) which is about right to prepare for an attend a single hearing. YOU are the one that indicated you are handling the case pro-se and its equally clear you are nickel and diming the legal expenses. My comments were right on point. If you don't like them, ignore them, keep in mind you got what you paid for, and keep your witty comments and pissy attitude to yourself. I am not the one foreclosing on your house, and if you are too ignorant and dogmatic in your anger towards lawyers to recognize that I was actually trying to help you......well......karma and all that.... Read Answer

You can file any motion you like. Whether a stay is granted will depend on who and how you ask for it and what you seek to stay. For example, if you seek to stay a money judgment collection, you may also be forced to deposit the funds in the court registry or post a bond. If you have further questions, feel free to call out offices at 1-800-922-6442 for a FREE consultation.... Read Answer

If you are aware of a lawsuit that could affect your living situation, you would be wise to hire a lawyer or really get a handle on the process to protect yourself. Relying on someone else to tell you don't worry about it, is rarely a good idea. You may find this interesting www.pro-sepower.com.... Read Answer

Without seeing it, it is hard to say, but likely it means that the bank bought the property at the foreclosure sale (probably because there wasn't a bidder willing to pay the entire amount of the judgment for the property).  If that's the case, then the letter is probably a notice before they seek a Writ of Possession (which does come from the Court).  Take that seriously because once the Writ is issued, the sheriff will post it and you'll have 24hours before you'll be forced out of the property.  If you need more than 7 days to move out, you may be able to negotiate a few more days with the bank - but, unfortunately, there's no guarantees.... Read Answer

As an aside, I am in the process of establishing a series of seminars focused on teaching pro-se litigants some of the basics of litigating cases, ranging from small claims cases on up. If you would be so kind as to give my office a call at 1-800-922-6442, I would like to your opinion about my project since it would be oriented at people such as yourself.... Read Answer

I'm assuming from your description this is a defense of a residential foreclosure.  In such case, is it necessary that you attend the hearing on your attorney's Motion to Withdraw?  No, it will go forward without you.  And you should receive a copy of the Order.  If you have some legitimate argument why your attorney should remain on your case, you may attend and make that argument, but in my experience these are routinely granted.  Usually, you'll be given 20-30 days to find a new attorney.  And let me give a word of caution - your trial modification can easily drop off (generally because of an issue on the bank's side) and you'll find your Court case steaming forward to a judgment.  If you like your attorney and it is just a matter of the fee, you might see if there's something you can work out at least until the modification is permanent or the case is dismissed.  Again, this is just a caution from my experience seeing these trial mod situations where a court case is also pending.  That said, to answer your questions specifically, the hearing to withdraw will move forward without you (as long as you've received notice of it), but make sure to obtain the order so you know exactly how long you have should you want to obtain new counsel.... Read Answer

First, you are not capable of handling such a matter "pro-se" unless you have a significant amount of litigation training and experience. You simply need to retain a lawter immediately to addres such an issue. For example, the maner in which you characterize the endorsement will immediately cause some skepticism with the court in that there is a HUGE difference between forgery (which is done without your knowlege and is a fake signature) and one that is obtained fraudulently which would in fact be your actual signature obtained under false pretense. That you use both together is a red flag for a techinique used by pro-se litigants of alleging a bunch of inconsistent facts and then opting to "go with" which ever ones seem to work best with a pre-determined agenda, i.e. getting outof a mortgage debt. Making such a challenege is a VERY complciated and typically expensive endeavor, usually requireing expert testimony and factual evidence, unless some Perry Mason like confession occurs. If you have any further questions or concerns, you can always contact our office at 1-800-922-6442 for a FREE consultation to see if we can assist you further.... Read Answer

No idea what you are asking. If you bought a house at auction, and there are other liens on it, they are what they are and you have to deal with that.If you have any further questions or concerns, you can always contact our office at 1-800-922-6442 for a FREE consultation to see if we can assist you further.... Read Answer

So far the common theme has been that self lawyering the issue, to date, has been a dismal failure. Unless something changes dramaticallyin your skill set, this is not likely to change, whether its fair or not all aside. You simply need to hire a lawyer to address this ASAP before something irreparable happens. If you have any questions or concerns, please call our office at 1-800-922-6442 for a FREE consultation.... Read Answer

THIS is something that you should have considered long before buying real estate at auctions. If you are aksing about getting the occupant out of the house, it could take many months and thousands of dollars in legal fees if they refuse to leave. You need to retain a landlord tenant lawyer in the area where the property is located to help you with this ASAP. If you have any questions or concerns, please call our office at 1-800-922-6442 for a FREE consultation.... Read Answer

If you have a mortgage indemnity insurance or a life insurance policy that may assist you in the event of default after death you need to review the specific terms of those policies. A mortgage lender will typically have every right under the terms of a mortgage though to foreclose if they have not been paid. Contact an attorney for review of the specific documents in your case. Consultations are typically free.... Read Answer

DO NOT DO IT!!!!!!!!!!!!   People think that becoming co-borrower is of little or no consequence, this could not be further from the truth. Take the first two letters out of co-borrower, what do you get borrower, that's what you become. The co-borrower to any mortgage or loan is just as libel to pay back the debt as the borrower. First of all if you're not getting put on the deed, but your becoming a co- borrower, that is just crazy. It will make you liable for the debt, but you will not have any interest in the home itself. So if after taking the risk of being a cold borrower or even worse being forced to make payments as a co-borrower, you still end up with nothing in the end. What is the worst thing that can happen? Let's pretty simple, you have to breakup, he can stop paying the mortgage and you're stuck with the debt. If he loses his job in files bankruptcy he will be off the hook, then you will have two choices either continue to pay the debt on a piece of property you do not own or file bankruptcy yourself. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes... Read Answer