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?
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 »
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 »
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 »
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?
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 »
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.
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 »
Yes it is a valid lien.
Yes up to 15% of your social security benefit if it is a federal student loan. No if private student loan.
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.
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 »
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 »
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 »
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 »
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.
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.
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.
At this point you need to consult with a CT bankruptcy attorney most provide for an initial free consultation.
If this profit sharing plan is a retirement plan exempt from current taxation as such than it is likely exempt and your employer would not be notified of your bankruptcy. You should consult with a CT bankruptcy attorney to determine if Chapter 7 is the best option for you and review all of the... Read more »
Employer will not be notified of your bankruptcy filing. Only exceptions would be if they are a creditor of yours or you need to have a wage execution stopped. Under federal exemptions you will have to use wild card exemption which may be limited if you own your home and need homestead exemption.... Read more »
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