My house - supposedly worth around $900,000, will not sell. I have tried for 5 years and am still trying. We stopped paying the mortgage in 2019. i believe they will start the foreclosure soon. We also have $46,000 credit card debt that my husband stopped paying August 2019 in Ct so they have until... Read more »
answered on Jun 20, 2022
You need to consult with CT bankruptcy attorney who can help you prepare and file your petition and schedules. Since you are still in house your current mortgage payments can be included in your budget despite fact not being paid.
A friend filed for bankruptcy in 2015 because a debtor collector firm filed a lawsuit to foreclose on her home. In which her mortgage had been rescinded in 2005 by her attorney because she had incomplete contract with Ameriquest. So since 2005 by her attorney's advised she stopped making... Read more »
answered on May 12, 2022
The bankruptcy discharges the personal obligation under the mortgage note, but not the mortgage security agreement.The validity of the mortgage appears not to have been challenged or recognized in the foreclosure action and the court entered the foreclosure judgment. If your friend's only... Read more »
I have a residential tenant and their lease is expiring. If they want to go month to month and we don't sign a new lease- Do the terms of the expired lease carry over into a month-to-month tenancy?
answered on Jan 29, 2021
A standard clause of most written leases provides that the terms of the written lease continue if the tenant holds over as a month to month lease. Check your lease to look for this clause.
i am the owner of a single family home that I am renting- A tenant is renting from me and has signed a lease with her attorney co signing as trustee (the attorney manages the tenants trust fund)- Does that mean the attorney is legally responsible if rent is not paid or home is damaged etc? i.e.-... Read more »
answered on Jan 29, 2021
The attorney is signing in his capacity as trustee of the trust so he is not personally responsible the trust is. If you had to pursue the trust for payment you would name the attorney as trustee as defendant in a collection suit to obtain a judgment against the trust.
I am on an income driven repayment plan working towards PSLF. I have to file chapter 7 bankruptcy due to husbands bad money management. I don't want my loans to pause or go into default or in any way be affected by the bankruptcy. Is that possible? I have to stay on track so I am done paying... Read more »
answered on Nov 30, 2020
Unless your eligible for a hardship discharge which is a very difficult to obtain if you are currently employed which you appear to indicate you are as a teacher your student loans will not be discharged so you should continue to pay, As attorney Winterstein indicated you have to list all debts on... Read more »
answered on Jun 29, 2020
The IRA as a retirement account would be treated as fully exempt in a bankruptcy filing and these funds would remain his. If the Cash Management Account is not part of a retirement account he still may be able to use his federal wild card exemption to exempt some or all depending on the amount of... Read more »
do i have sole ownership as tenant in common?
answered on Apr 28, 2020
You've left out a key fact as to whether you already have sole title or not, but if your question is that your ex-wife and you held title to the property at time of her death as tenants in common than the answer is no. You only hold an undivided one-half interest in the property and the heirs... Read more »
My neighbor has been using a portion of my land (mowing, gardening, etc.) for well over 15 years. They never claimed adverse possession. I never attempted to stop them using the land, because we are good neigbors. They are selling their house and mowing away. Will the 15 year period start all over... Read more »
answered on Sep 24, 2019
From your description it does not sound like your neighbor's use of the property was open, hostile and notorious as required by CT statute and you gave permission to your neighbor to use the land as they did. Also doe not sound like they would support a new owner's claim that this... Read more »
Car value of 5593 and payments balance of 14220 left to pay.
answered on Sep 17, 2019
Based on your question you should hire an experienced local bankruptcy attorney to file bankruptcy for you to make sure you answer all questions accurately and fully on your schedules and statements. Inaccurate and incomplete schedules may result in the dismissal of your case or lead to other... Read more »
answered on Nov 10, 2018
Yes up to 15% of your social security benefit if it is a federal student loan. No if private student loan.
answered on Oct 3, 2018
Not clear what you are asking in relation to your interest in LLC. If your concern is whether you could exempt your interest in LLC in Chapter 7 personal filing it will depend on market value of your small interest in LLC. You should consult with a local bankruptcy attorney to review all the facts... Read more »
Does 3 yr statue of limitation of cc collection apply? Can I stop garnishment and recover money if Improperly garnished ? I am a paying customer.
answered on Sep 26, 2018
Since they the creditor has a judgment against your reference to a statute of limitations defense is not applicable. Other than paying off debt in full only other way to stop garnishment is to file bankruptcy preferably Chapter 7. If you want to explore your bankruptcy options I recommend you... Read more »
I recently tried refinancing with another mortgage company. This company was prepared to pay off my first and second mortgage but needed a letter from my current mortgage provider stating that the second mortgage was closed off as a bad debt... which it is. When the request was made, my mortgage... Read more »
answered on May 10, 2018
Unfortunately for you yes. Charge off is a credit reporting action, but does not affect your underlying liability under the note and mortgage you signed with the creditor. A charge off combined with the release of your second mortgage would have provided you the ability to avoid the payoff of the... Read more »
answered on Apr 27, 2018
The foreclosure mediation program administered by the Connecticut Superior Courts is limited to owner occupied properties. For investment properties owners have to negotiate directly with lenders for loan modifications.
Our grandmother died in 2003, having previously (1988) signed a Quit-Claim Deed giving her house to my brother, reserving life use for herself. She had no assets when she passed other than the 'life use' clause; we neglected to probate her will (out of ignorance) and now cannot locate the... Read more »
answered on Apr 3, 2018
Unfortunately the only way to get rid of the life use is to probate your grandmother's estate. An estate tax return reflecting the full value of the property needs to be filed with the probate court and a certificate releasing the estate tax be issued and recorded. This terminates the life use... Read more »
answered on Feb 9, 2018
If your buying property from bank that foreclosed or entity they assigned property to the seller is responsible for all real estate taxes due up to point of sale. The sales conveyance tax in this state is paid by the seller not the buyers.
Filed chap 13 in March 2016, converted to chap 7 in Aug 2016, was discharged but not closed in Nov 2016. Received a permanent loan modification from my bank, they are saying need court approval to execute documents? Is this true and what form(s) are needed to file the documents.
answered on Dec 7, 2017
The automatic stay terminated with the entry of your discharge therefore bankruptcy court approval is not necessary. This is clearly stated in Section 362(c)(2) of the Bankruptcy Code. You can try educating the lender to this fact. The problem is convincing the lender of this fact especially if... Read more »
All back taxes leins have been House was sold by city.
answered on Nov 14, 2017
It is not an easy process and I recommend you hire an experienced local foreclosure defense attorney to help you recover any funds you are entitled to from the foreclosure sale of your property.
answered on Oct 24, 2017
At this point you need to consult with a CT bankruptcy attorney most provide for an initial free consultation.
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