FAQ

A mortgage cannot be removed ("stripped") from a parcel of real property in a Chapter 7 Bankruptcy, but that may potentially occur in a Chapter 13 Bankruptcy if you meet the requisite criteria.  Specifically, while you cannot strip a first (1st) mortgage, you might be able to strip a second (2nd) mortgage.  However, that would necessitate that the parcel be your primary residence, and that the balance due on the first (1st) mortgage be in excess of the home's reasonable fair market value.  

Legal proceedings are complex matters.  Further, employees of the Court are lawfully precluded from dispensing advice.  Therefore, in representing yourself you would have to effectively navigate through the Rules of Evidence, Rules of Civil Procedure, Rules of Court, understand the law as it pert...

Our firm has represented people from a broad spectrum of backgrounds.  That has included physicians, accountants, teachers, nurses, professors, dentists, psychologists, airline pilots, social workers, executives, attorneys and business owners.  However, regardless of their measure of education or...

A common misunderstanding is that once a lawsuit is filed the Court sets a date for the parties to appear before the Judge.  However, that is not a legal requirement in civil proceedings.  So if the Defendant fails to effectively respond to the Complaint by filing an Answer within twenty-eight (2...

A creditor's lawsuit can be Dismissed for numerous reasons.  The Notice or Order will then indicate whether that occurred With Prejudice or Without Prejudice.  If Without Prejudice, the matter could potentially be refiled.  However, if Dismissed With Prejudice then the creditor would be legally barred from filing another lawsuit. 

The cost of representation varies depending upon the services provided.  However, relative to Bankruptcy, Foreclosure Defense and Debt Settlement, most matters are handled for a flat fee that can be quoted by phone. In addition, we offer payment plans in satisfaction of these costs, and equally partner with ClientCredit, which provides legal fee financing options.   

If a creditor files suit and obtains a Judgment, it is reasonable to anticipate that they will subsequently affix a Lien to any parcel of real property that you may own until the balance due has been satisfied.  However, if you do not subsequently seek Bankruptcy protection or work-out agreed pay...

County Treasurers have the ability to sell real property Tax Liens as a revenue raising device.  This shifts the burden of collecting the outstanding deficiency to the purchaser, which is usually investment company that can then assess interest on the past amount due.  That amount can vary, but i...

If you are delinquent in your mortgage you can potentially cure the problem by paying the Reinstatement.  That would require your remittance of a one-time payment consisting of your arrearage, any late fees, escrow advances, as well as the Court costs and Attorneys' fees incurred by the mortgage ...