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Morgan Law, P.A.
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DUI? Controlled substance? Learn your options. Melbourne FL & Palm Bay Lawyer Eric Morgan http://www.SpaceCoastDefense.com
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Creditor lawsuit? Harassing calls? Learn your options. Melbourne FL & Palm Bay Bankruptcy & Debtor Defense Lawyer Eric Morgan http://www.SpaceCoastBankruptcy.com
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Foreclosure? Creditor garnishment? Credit card summons? Learn your options. Palm Bay Attorney Eric Morgan http://www.SpaceCoastBankruptcy.com
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DUI? Possession? Learn your options. Melbourne FL Criminal Defense Attorney Eric Morgan http://www.SpaceCoastDefense.com
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Charged with possession of cannabis? Learn your options. Free consult. Melbourne FL Criminal & DUI Defense Attorney Eric Morgan http://www.SpaceCoastDefense.com
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Testing for Marijuana-Impaired Driving Is About to Get a Whole Lot Easier.
http://t.co/JH2VWa8M7v
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Common Question: I've been arrested for my 2nd DUI within 5 years. What will happen to me?

Have a different Melbourne, FL or Palm Bay criminal defense or DUI question? Give us a call at (321) 253-6223 or visit us online at http://spacecoastdefense.com/practice-areas/index.html

A: If you can't beat the charge at trial or win a suppression hearing, you'll be facing at least 10 days of mandatory jail time. Plus, in addition to community service and other requirements, your driver's license will be revoked for 5 years. You won't be eligible for a business purpose only "hardship" license for at least a year. These sanctions are baked right into the law, so no amount of plea negotiation will help the defendant, assuming there's no chance of winning a suppression hearing or trial.
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Common Q: Does it matter what bank I use if I am considering a bankruptcy?

A: Yes, it does. First of all, if your account is with Wells Fargo/Wachovia, just pull your money out and bank elsewhere. Wells Fargo/Wachovia often freezes people's money when they file bankruptcy--meaning people must wait to access funds until the trustee releases it. They are the only bank to do this on a regular basis. Also, generally speaking, it is a bad idea to keep your money at a bank where you owe money, such as credit cards, especially if those accounts are delinquent. Finally, since there is limited protection of one's assets in a bankruptcy, it is not a good idea to have a lot of money in one's account at the time of filing. On the other hand, any large withdrawals leading up to one's filing may have to be explained.
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Common Q: My property is in foreclosure, should I seek a short sale or let the bank take the home in foreclosure? A: Depends on your situation. Foreclosure can take a long time, especially if you fight it and don't allow the bank to win by default. So if your income is not currently enough for the rental market, it may be a good idea to stay in the property longer. On the other hand, if you have a job lined up somewhere else, leaving the property in your name longer exposes you to some liability, if the house is sitting empty. Of course, if your income is changing, it may be advantageous to file a bankruptcy while you still qualify.
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Q: I filed bankruptcy 2-3 years ago and moved out. But the bank never finished the foreclosure and the homeowner's association is threatening to sue me for unpaid dues that accrued since my bankruptcy. Can they do that?

Check out the written explanation below, or learn more at http://www.SpaceCoastBankruptcy.com

A: Yes the HOA can sue a homeowner for dues that were billed following the bankruptcy filing date in the fact scenario described above. The HOA has no one to sue except the listed owner of the property. Since the bank dragged its feet on finalizing the foreclosure, the deed owner is still you... even though you moved out years ago and indicated the home would be "surrendered" in the bankruptcy. Always stay current on HOA bills on properties following a bankruptcy filing, because one's bankruptcy only discharges pre-bankruptcy dues and other debts, not dues or debts assessed post filing.
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