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Aren't you overlooking the fact that given the current state of affairs the OP and her husband lack the required status of the real parities in interest entitling them to sue the lender in tort for slander of title; a title that is in someone else's name?
Granted, like some other examples of the Sunshine State's less than perfect legislation Florida's Homestead Exemption enactment has its glaring shortcomings. However, for your present needs and purposes you should find gratification from the following excerpts:
"SECTION 4. Homestead Exemptions...
You might wish to send such a letter to the defaulting borrower for the purpose of conveying your resolve to pursue satisfaction through the civil court system, but given the circumstances stated it would have no legal significance. In other words, it is not a condition precedent to prosecuting...
Curiously, if you do send a demand letter to the dealership as proposed, what is that you will demand of it? What will you ask it to do in response?
I ask because to date you haven't mentioned having suffered any definable/provable financial loss resulting from the incident, i. e...
Incarceration of a spouse is NOI grounds for an annulment of marriage! Neither in California * nor in any other state!!
Moreover, the OP didn't write that the marriage was annulled. She writes " . . .when I divorced him it annulled the marriage . . .".
California Code, Family Code - FAM § 2210
Me thinks that cleeswin24 is an attention-seeking yarn-spinner. There are just too, too many glaring anomalies and frivolous embellishments to make her posting appear more credible than inventive.
Critically missing (as Z wisely suggests) is any mention whatsoever as to how the subject matter...
Joint and several liability explained. (maybe)
Unless the signed instrument expressly states otherwise, each individual that have signed as lessee are "jointly and severally" responsible for the performance of each and every covenant and obligation incumbent upon them to be kept and performed...
In case you failed to notice it the OP is asking help in adhering to the jural processes in the state of Virginia needed to evict a residential tenant. Not only has he not asked for passive, alternative means of ridding of the unwanted occupants, but telling him when in the future he should...
Then why are you asking total strangers?!
Incidentally, the dollar limit in Illinois small claims court is $10K. So go for it and sue the then purported owner and his or her or its agent.
Also, submit a formal complaint/gradience with the Illinois agency, department or authority governing...
That's not entirely accurate as it does not apply if the third-party claimant has obtained a judgment against the insured, or an assignment from the insured; to-wit:
" . . . as this case suggests, the third-party claimant does not necessarily have an equivalent right to bring a declaratory...
I don't agree that it would be a complex lawsuit. Nor in need of egregious violations of statutory law. Either there was coverage in place, which the insurer refuses to honor, or there wasn't. Ought to be ripe for a Rule 56 Motion.
Currently you are in no position to demand anything of the other driver's liability insurance carrier. Why so?
Because all such liability insurance policies are written as indemnification or hold harmless agreements. If you'd like a legal explanation and the reason for the word "currently", ask.
That is very true. The same with any liability insurance carrier having settled a third-party claim upon recognizing its ultimate liability for a loss covered by the policy. *
The issue here might be one of "injuria sine damno". Latin meaning a legal wrong that causes no actual damage to...
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