Questions Answered by Rachel Lea Hunter

Q: My father in law is going to sign the property deed over to us do we need an attorney for this and what forms do we need

1 Answer | Asked in Real Estate Law for Georgia on Jul 12, 2014

Answered on Jul 12, 2014

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Rachel Lea Hunter's answer
You need a real estate attorney. There are no forms unless you are thinking of using a quit claim deed form that you buy at an office supply store or legal forms place on the internet.

Don't be cheap and think you will save a few bucks because if something does not go right then you will end up costing yourself way more in legal fees to get a mess cleared up. Go to a real estate lawyer and have a proper deed prepared. Deeds are not all that expensive.

However, some issues...

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Q: I have a 2 and 1/2 year old son. Is it illegal to have my son around my boyfriend who I've been with for a yr now?

1 Answer | Asked in Family Law for Pennsylvania on Jul 11, 2014

Answered on Jul 12, 2014

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Rachel Lea Hunter's answer
Its not illegal unless there is a court order specifically mentioning that your child is not to be around your boyfriend (for example, if he is a child abuser, your ex may understandably not want his child exposed to that kind of person).

You really need to discuss this with your divorce/child custody attorney. Custody and support are 2 entirely different things. Being around your boyfriend is only going to relate to child custody. Child support is based on who has possession of the...

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Q: If I have been defrauded by a website from London, England do I have any recourse to get my monies back?

1 Answer | Asked in Internet Law for Pennsylvania on Jul 12, 2014

Answered on Jul 12, 2014

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Rachel Lea Hunter's answer
How do you know the website is in London, England? It could be anywhere in the world and making it look like Lon don, England.

In theory, yes, you might be able to recover your money, but in practical terms, the answer is you probably will not.

If the criminal is in a foreign country, it will be very difficult to find the person and the US government is not likely to help too much. You post no details of the crime, but these financial crimes come of Africa or other foreign...

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Q: My mother in law died. We co-owned a house. She defaulted. Her bank tried to foreclose on her. Can we do anything?

1 Answer | Asked in Foreclosure for North Carolina on Jun 14, 2014

Answered on Jul 12, 2014

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Rachel Lea Hunter's answer
OK - let me get this straight - you and mother-in-law jointly owned a house - how - as tenants in common or as joint tenants with right of survivorship?

Foreclosure would make sense only if the property was mortgaged - who was liable on the mortgage? You or your mother-in-law or both?

If you filed for protection under the bankruptcy code, bankruptcy acts like a shield around you. It is improper to foreclose while you are in bankruptcy. If the foreclosure was started before...

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Q: does a deed of trust determine what is on a title policy?

1 Answer | Asked in Real Estate Law for North Carolina on Jun 29, 2014

Answered on Jul 12, 2014

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Rachel Lea Hunter's answer
No. A deed of trust is the document used to create a mortgage or lien on the property to secure the funds usually borrowed to purchase the property. The deed of trust is accompanied by a promissory note and possibly a security agreement. A deed is just a document that indicates who owns the property. A title policy is an insurance policy and insures against defects in title - say you buy the property and everything looked good but 6 years later you find out that there is some defect in...

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Q: I live in NC with my 12yo, father lives in FL, which state do i file for chid support?

1 Answer | Asked in Child Support for North Carolina on Jul 5, 2014

Answered on Jul 12, 2014

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Rachel Lea Hunter's answer
Child support is based on where the child lives. If there has been no support order entered and the child has lived in NC for 6 months or more, then NC. Under the uniform support act (all states have a version of it), you file for support here and NC child support contacts FL to get the support order set up.

If an existing child support was entered in some other state and the father still lives there (say FL) then the order could re registered here in NC but it would make no sense to...

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Q: my landlord said he is selling the property but he gave me only 15 days to get out can he do this

1 Answer | Asked in Landlord - Tenant for North Carolina on Jul 11, 2014

Answered on Jul 12, 2014

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Rachel Lea Hunter's answer
What kind of a lease do you have? When is your lease to end? Is this a lease of a regular dwelling or a mobile home? The landlord cannot tell you to get out prior to the end of your lease but it depends on if your lease was year to year or month to month or less (week to week). Very little notice is needed for a month to month or lesser tenancy. If its a mobile home, you get 60 days. If year to year, its generally 30 days. Your lease is the main controlling document so see what it...

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Q: My grandmother gave me 2 acres of her land to place my mobile home on. Have lived on the land for 5 years,

1 Answer | Asked in Real Estate Law for Georgia on Jul 5, 2014

Answered on Jul 12, 2014

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Rachel Lea Hunter's answer
You say your grandmother "gave :you 2 acres of land. Did she transfer ownership or merely allow you to put your mobile home on the land?

Paying taxes on land you do not actually own is meaningless. You acquire no rights in the land.

If the land was subdivided and 2 acres were conveyed to you, then you actually own the land and no one can tell you to move.

So who is the record owner of the land? If you are not the owner then who still owns the land? Your grandmother?...

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Q: Can a woman sue a man for back child support if there was never a court order?

1 Answer | Asked in Family Law for Georgia on Jul 11, 2014

Answered on Jul 11, 2014

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Rachel Lea Hunter's answer
Yes and no. Child support orders are prospective in that child support runs from the date the child support petition is filed. However, caselaw permits a mother (its usually the mother) to seek retroactive support from the man. This support is not based on the child support guidelines but allows the mother to recoup some of her reasonable expenses incurred in caring for the child. GA appears to allow the mother to go back to the date of the child's birth in attempting to establish these...

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Q: Can a woman sue a man for "back" child support if there was never a court order?

1 Answer | Asked in Family Law for Georgia on Jul 11, 2014

Answered on Jul 11, 2014

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Rachel Lea Hunter's answer
Yes and no. Child support orders are prospective in that child support runs from the date the child support petition is filed. However, caselaw permits a mother (its usually the mother) to seek retroactive support from the man. This support is not based on the child support guidelines but allows the mother to recoup some of her reasonable expenses incurred in caring for the child. GA appears to allow the mother to go back to the date of the child's birth in attempting to establish these...

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Q: If I live in PA and my children live in NY which state do I file for visitation in?

2 Answers | Asked in Family Law for Pennsylvania on Jun 28, 2014

Answered on Jul 11, 2014

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Rachel Lea Hunter's answer
New York if they have lived there for 6 months or more and there are no prior custody orders entered by another state.

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Q: in the state of pa, exactly whats the statue of limitations for malpractice. how long and when can I file charges?,

1 Answer | Asked in Medical Malpractice for Pennsylvania on Jul 10, 2014

Answered on Jul 11, 2014

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Rachel Lea Hunter's answer
2 years from the date of the alleged malpractice. There is a discover rule though which may extend this to the time of discovery. Examples may be having surgery and the doctor leaves a sponge or medical instrument inside you - in such case you would have no reason to know until some other event occurred.

You do not file "charges." Medical malpractice is not a crime. Its negligence. Pennsylvania enacted provisions relating to medical malpractice and you can no longer just sue...

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Q: I own a parcel of ground with my ex wife and my daughter can they lease the parcel without my permission?

1 Answer | Asked in Real Estate Law for Pennsylvania on Jul 10, 2014

Answered on Jul 11, 2014

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Rachel Lea Hunter's answer
There's legal and there's quasi-legal. Should they? No. Can they? Maybe.

To be valid and binding, a lease should be signed by the tenant and all the owners unless one owner has a power of attorney for another owner. The problem is really one from the tenant's perspective because if a tenant has a lease with only one property owner and the others find out about it they are going to be upset and may tell the tenant to get off the land. Then there is the problem of rent - who...

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Q: What is the statue of limitation in Georgia on a quick claim deed?

1 Answer | Asked in Real Estate Law for Georgia on Jul 7, 2014

Answered on Jul 11, 2014

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Rachel Lea Hunter's answer
Your question makes no sense.

There is no such thing as a "quick" claim deed. This is a mispronunciation of "quit" claim deed.

A quitclaim deed is a deed by which you transfer land to someone else - its usually used in transfers between family members (parents/children, husbands/wives or between heirs). Basically what it says is that the owner/grantor tells the grantee that "I don't know what i have but any interest that i have in x land is yours." For example, a parent dies...

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Q: I lent $50,000 to a private real estate investor who hasn't paid me back. Can I sue them without a lawyer and what court?

1 Answer | Asked in Collections for Georgia on Oct 23, 2012

Answered on Jul 11, 2014

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Rachel Lea Hunter's answer
Anybody can sue anyone else without a lawyer. However, lawyers went to law school for 3 years and have been practicing law and know the rules. You may or may not. Since you are asking such a basic question as "where do I sue?" I am not entirely confident in your ability to sue someone on your own. You are going to have to draft a complaint - there are no forms for something like this.

Because of the amount involved you would sue in state court. Because there is a nice chunk of...

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Q: I lived with a man He paid off my car no mention of repayment. I thought it was a gift. What kind of lawyer do I need

1 Answer | Asked in Small Claims for Georgia on Jul 11, 2014

Answered on Jul 11, 2014

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Rachel Lea Hunter's answer
Small claims will be held in Grady County in Cairo.

You need to file an answer within 30 days after you received the summons and complaint/statement of claim.

Here is the answer form:

http://www.georgiacourts.org/councils/magistrate/public%20forms/mag%2010-

13%20answer%20counterclaim%20of%20defendant.pdf

If that link does not work try: http://www.georgiacourts.org/councils/magistrate/forms.html

and select mag-10-13 form.

Your defense is...

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Q: Name is on deed, not loan. House in foreclosure. Husband gone, will bank notify me before padlocking belongings?

1 Answer | Asked in Real Estate Law for North Carolina on Jul 10, 2014

Answered on Jul 11, 2014

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Rachel Lea Hunter's answer
Is your name still on the deed to the house (you indicate yes)? If so, then you have to be given notice if any foreclosure complaint is filed and of any sale. You will have up to 10 days after the sale becomes final to leave once the new owner acquires the property.

Usually, foreclosure complaints may be filed after 4 months. You are not a tenant and not entitled to protections under the Protecting Tenants Under Foreclosure Act passed by Congress. You are a co-owner, not a tenant...

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Q: How do we claim a house that is abandoned

1 Answer | Asked in Real Estate Law for North Carolina on Jul 11, 2014

Answered on Jul 11, 2014

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Rachel Lea Hunter's answer
You do not "claim" a house that is abandoned. Someone has to be the record owner of a house. Who is it? Have you checked the real estate records? Does a bank own it (as in the case of a foreclosure) or a person? If a person, is the person still alive? If they are dead, has an estate been probated for that person?

If this is a foreclosure and the bank now owns, you can make an offer to buy the property from the bank. The bank will probably be relieved to sell it and be rid of it....

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Q: HOW DO I FILE AN AMENDMENT TO A SIMPLE DIVORCE COMPLAINT IN UNION COUNTY?

1 Answer | Asked in Divorce for North Carolina on Jul 11, 2014

Answered on Jul 11, 2014

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Rachel Lea Hunter's answer
You file an amended complaint. Where it says "complaint" you type in "amended complaint" and then you retype whatever stays the same and what is changed. You can file this without approval from the court if the answer has not been filed. If the answer is already filed then you have to attach a motion to the proposed amended complaint and advise the court what you have to amend and why. The original of the motion is filed and a copy is served on the opposing counsel. If the amendment is...

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Q: I want to do a "Life Estate" to my son - what do I need?

1 Answer | Asked in Estate Planning for North Carolina on Jun 26, 2014

Answered on Jul 11, 2014

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Rachel Lea Hunter's answer
What are you trying to do?

Life estate or "Lady Bird" deeds are not recognized in NC.

However, if you own real property you can convey it to someone else and keep a life estate. The problem is that if the land is mortgaged, then the lender may not be real crazy about conveying the property to someone else unless they are also added to the mortgage.

If you are trying to engage in "poor man's" estate planning, a life estate may or may not be the way to go. Also,...

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