Matt Weidner – Fighting For The American People

Posts Tagged ‘pinellas attorney’

Rumors are that regulators are floating a $20 million settlement with all the servicers.  That’s an obscenely low number and there’s still much to fight about, but some version of this insanity will pass.  It’s inevitable. The banks own us and they are going to get away with murder.  Our courts are lost. Critics and those who speak out are targets of campaigns of suppression…(I can speak quite directly and personally about that)…..In short, the fix is most definitely in.  Those wizards who are crafting this doom don’t seem to mind that in writing off all the wrong that was done, we miss the opportunity to start heading in the direction of repair and reclaiming our country…..more below from reuters:

Banking regulators and a coalition of state attorneys general are trying to forge a settlement with the largest U.S. banks, which have been accused of foreclosing on borrowers without having the necessary paperwork in place.

A settlement would relieve a potentially large legal liability and reputational black eye for the banks, as they could face a myriad of lawsuits and fines without a universal agreement.

Sources familiar with the talks say the various groups disagree on the parameters of a settlement, with bank regulators pushing to outline a settlement plan as soon as mid-March.

Analysts said the discussions highlight the difficulties of reaching a universal settlement as disparate groups are involved in the negotiations.

“It is herding cats, there’s no question about it, and they are not always the most agreeably tempered cats,” said Karen Shaw Petrou, managing partner at Federal Financial Analytics, a firm that advises on regulatory policy.

Reuters

Making its way to one of the top news stories in the nation today is an article from today’s New York Times.  The article details the efforts of Pinellas attorney and fellow foreclosure Fraud Fighter Mark Stopa.  Mark is a friend and a champion in this effort and yet another reason why Pinellas County leads the way in fighting the evil being done by the banks.

NewYorkTimes

New York Times Foreclosure Article

Visit his website here for more information.

When a resident of the State of Florida dies and if that person (called the “decedent”) dies leaving a valid will, the will must be presented to the local court to perform the process called “probating a will”.  Probating a will is the process whereby a judge examines a will to make sure it complies with very specific technical requirements such as being signed properly and having the appropriate amount of witnesses.  After the court determines that a will is legally valid, the court will determine whether the person appointed in the will to serve as the “personal representative” or “executor” is willing to serve in this positon and then whether they are legally capable of serving in this capacity.  The personal representative is responsible for working with the probate attorney to carry out the intentions of the decdent and performs important functions such as transferring title to real and personal property and executing other documents under the direction of the probate attorney and the supervision of the court.

Summary or Full Probate Administration?
When a person dies leaving only a homestead and personal property with a value that does not exceed $75,000, that estate will qualify for a summary administration, a process that can be completed in as little as a few short weeks.  If the decedent dies leaving assets of more than $75,000, the estate must go through a full probate process which includes publishing a “notice to creditors” then waiting 90 days to allow any creditor to file a claim against the estate.  If no claims are filed and there are no further complications, the estate can be closed fairly shortly thereafter, but in nearly every case a full administration will take at least 6 months after filing.

Probate is a time consuming and technically difficult process.  Make sure your rights are protected by retaining an experienced Florida Probate Attorney.  For more information, contact Matt Weidner at www.mattweidnerlaw.com.

Just last week, I attended an auction for two penthouse condos at a condominium complex in downtown St. Petersburg. If you’ve never attended a real auction of any sort, you should seek one out just to experience the drama and interesting dynamics that occur at a real auction. The units in question had previously sold for more than $600,000 in a brand new striking building located in downtown St. Petersburg. The units up for auction were beautiful and while those conducting the auction continued to refer to how much the units had previously sold for, I could care less that some poor sap dramatically overpaid and this overpayment didn’t factor in one bit to what I determined an appropriate high bid price would be.
The reality is the building has been completed for more than one year and the developer had not been able to sell 30% of the units in total…that 70% remaining inventory poses real problems for the 30% current owners and the “lucky” high bidders at the auction. When considering buying into any condominium complex in this economic climate it is critical for any buyer to determine just how many units have sold and just how many units are paying their maintenance fees lest the new purchaser be saddled with greater condo fees and assessments based on the failure of enough other sales to cover all association fees.
In this particular case, the successful bidders were probably unaware of the rumor that the developer had recently transferred the remaining units over to the lender that held the financing on the building. If the rumor is correct, the developer essentially cried uncle, gave up and walked away from the project, leaving it up to the bank to do whatever they can to limit their losses, cut their liability, sell units to get out. I would expect this would mean fire sale prices to unload the remaining units….prices far below the prices paid at this auction.
In this market the buyer really has to beware…before you bid or contract to buy, hire an experienced real estate attorney to guide you. Visit my website at www.mattweidnerlaw.com.