Car needed approx 5k in repairs. The BK lawyer advised Chase they could come and get. Bank never came, 6 months later house was sold, we had to move. Chase never picked up car after they were advised to do so twice. I still had a title and my taks and insurance on it, so I couldn't leave auto... Read more »
answered on May 12, 2023
There is some good news and bad news in this situation.
If you never paid the remaining balance due on the car, you do not own the car and the lien on the car remains with the lender. The good news, however, is that you are not responsible for any of the debt associated with the car... Read more »
Notice to vacate but my realtor says I cannot end my contract because he is military. Is that correct?
answered on Mar 17, 2023
While the Servicemembers Civil Relief Act provides protections for financial and legal transactions while in the military, I don't believe the Act confers greater rights than a person can have in a situation like the one you describe. If a person is renting your property, you have the right to... Read more »
Is exemption granted by VA Code Ann. 65.2-531? I have been receiving workers comp for many years and everything I have has been purchased with this income.
answered on Nov 3, 2022
Yes, your earnings obtained through Workers' Compensation are exempt from execution by creditors based on the statute you reference. Since the Commonwealth of Virginia does not allow its citizens to use the federal exemptions, the benefit is clear that Virginia's protection of... Read more »
In Maryland, harford county. 60 day notice would be because they have a contract on the house, or claim to.
answered on Oct 27, 2022
According to the notice law in your jurisdiction, you must be out of the property by the end of the 60th day. Additionally, you must pay rent through the 60th day. If you do not leave, you can be sued for unlawful detainer and eventually be kicked out forcibly by the County Sheriff. It is suggested... Read more »
He wants to take over the loan but he isn’t on the mortgage. Only the deed he is on, how can he take over my mortgage and take my name off?
My mortgage isn’t assumable. It’s conventional only. How can he refinance though if he isn’t on the loan?
answered on Oct 18, 2022
The simple answer is that he cannot take your name off the mortgage. He needs to refinance to take your name off the mortgage. There is an old strategy whereby he can assume the mortgage but this takes the approval of the mortgage company. The mortgage company would, however, still want to keep you... Read more »
It has been my experience that Title companies automatically split it under the MAR Contract except to charge the seller the full amount of the State transfer tax Is this correct?
answered on Sep 20, 2022
The title company only operates from the contract and will split the transfer and recordation taxes if the contract so states. Your question missed the second part of Tax Property 14-104(c) which says "unless there is an express agreement between the parties to the agreement that the... Read more »
answered on Sep 14, 2022
It is likely that you will have to pay transfer tax on the money paid to obtain the tax sale. A tax sale deed is obtained from the Director of Finance or some similar official at the county where you purchased the tax sale. You will need a title company to record the deed and pay the appropriate... Read more »
answered on Aug 2, 2022
Yes, you can be bought out. Your ex will, likely, have to refinance to come up with the cash to pay you. It is in the settlement of that refinance that you can be removed from the title and a new deed showing your ex's ownership of the property.
Good luck in your future endeavors.
I was told by the mortgage company that the mortgage statement was not correct that If I refinance or sell the property that I still live in, That I would only be responsible for the principal balance of $66k.
However, the statement says there is a deferred balance of 189k.
Over... Read more »
answered on Jun 30, 2022
It is clear that the mortgage company representative is melding two issues together to come up with a nonsensical result. The issue here is that while the Chapter 7 discharge absolves you of personal responsibility on the loan the liens remain. So, the deferred balance is part of the lien that... Read more »
In 2014/2015 I took out an auto loan through my credit union, paid off loan by 2018, and filed Ch.7 in 2020. I had a credit card through the same credit union with about $1000 balance when the Ch.7 was discharged. I was never advised by the attorney, court, or credit union of the... Read more »
answered on May 13, 2022
Since the car was paid off in 2018 the release should have been given to you, regardless of any balance on the credit card, at that time. Said another way, the event that gave rise to the lien release happened before the bankruptcy case was filed. The cross collateralization clause cannot affect... Read more »
I recently had a repossession on my car I decided to file bankruptcy to obtain the automatic stay. When I presented the automatic stay to my creditor they informed me that I would have to get the 13 plan in before they can release my car to me. Is that an accurate statement? How do you fill out the... Read more »
answered on May 10, 2023
While the automatic stay prevents the repossession from resulting in a sale of the vehicle, you must complete all the required filings for the purposes of prosecuting your bankruptcy case.
It is best to use counsel experienced in these types of situations to assist in completing the... Read more »
Debts. He paid him 100,000 not to lose his house. The lawyer ( trusty) and his wife came in to short sell my brothers and his families house. He thought the case was closed. He is now suing him for the third time and his LLC which is my mothers land and property. This is occurring in the Eastern... Read more »
answered on May 22, 2022
It depends on the situation. There are many reasons why a Trustee or their counsel would have to sue someone in a bankruptcy case. I would need more specific information to be able to form any sort of answer to this question.
Get 0.00$ but you have still been paying that every month where does that money go it was calculated up when you first start
answered on Mar 22, 2022
First, your creditors receive payments in a Chapter 13 case as distributed by the Chapter 13 Trustee in your case. Second, the creditors who have been listed on the bankruptcy schedules are not always the ones who get paid in a Chapter 13 case. The creditors must file a proof of claim to be... Read more »
The home is located in Baltimore, MD but I reside in SC. Right after her death I did call the probate courts in MD where I was told I didn’t need to open an estate and that’s when the mortgage company named me Successor. All the correspondence is addressed to the estate of my mom C/O myself. I... Read more »
answered on Mar 16, 2022
This question is one of title to the property. It does not matter if the mortgage company names you as a successor in interest for the property. The title deed of the property is what controls this situation. The title company handling the settlement should be able to tell you whether or not you... Read more »
answered on Mar 14, 2022
Simple answer, no. She is on the title to the property she has to sign the deed transferring the property to the new owner.
Good luck in your future endeavors.
Want to avoid real estate agents, trying to keep costs down
answered on Jan 26, 2022
Yes, you can purchase a condo for cash in Ocean City without a realtor but you would need someone to prepare a contract for you for the purchase of the condo. It is likely that you may be able to find an attorney who could prepare the contract for you since you are the purchaser of this... Read more »
The Settlement Company at closing for an investment property erroneously recorded the owner's residential mailing address with the Department of Assessments and Taxation. All correspondence mailed to the owner was undeliverable and returned to the sender with no forwarding. Notices of... Read more »
answered on Dec 10, 2021
You may have a claim that is actionable. The problem, however, is that you may not be able to prove your case without investing substantially more than you lost for attorneys fees, court costs, discovery costs, and associated other costs.
I suggest going to the settlement company directly... Read more »
Newly engaged and want to add fiance to bank account(s) and or credit cards of mine for access. Trust is complete from me to her...
She has a $120k debt from car accident (torn artery/needed resuscitation) 7 years back. Those bills stopped and havent been seen in longgggg time... thry dont... Read more »
answered on Dec 6, 2021
The simple answer with this fact pattern is that you have liability for your cash in a bank account as it will be presumed that she owns half of the money prior to your marriage. This fact pattern is only presumed if the creditor comes after your jointly owned account.
Adding your fiance... Read more »
I Have A Wrongful Detainer Case I Filed A Motion - - Motion Of Reconsideration The Motion Says Not Ruled On Judgment In Favor Of Plaintiff The Motion Of Reconsideration Say No Legal Bases Gavin For The Motion Of Reconsideration .... Of Both Motions I Put (MD Cts & Jud Pro Code § 5-103 (2019)... Read more »
answered on Nov 17, 2021
While you may have cited the correct code section dealing with reconsideration motions, the Judge does not have to find for you just because of that code section cite. You must provide a legal basis with additional facts to show the judge that the initial ruling was wrong.
Marryland Central collection unit is after me for a car that I had but was sold off, as the engine got damaged but I didn't return the title/plates. Now they are asking for tax arrears
answered on Nov 8, 2021
Typically, the Central Collections unit will set up a payment arrangement with you. Additionally, they can be paid over the course of 5 years through a Chapter 13 bankruptcy case. You should contact an attorney to guide you through this process.
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