A. J. Mitchell's answer He may execute a quitclaim deed transferring his interest to you. You will have to complete a Form PT-61 and present both the fully executed quitclaim deed and PT-61, along with a fee, to the real estate deed room in the Superior Court of the county where the property is situated.
A. J. Mitchell's answer A quitclaim deed is one of several real property conveyance documents. It allows one to convey property to another without guaranteeing free and clear title or without a warranty of title. Any and all liens on title remain on title after conveyance to new owner. A quiet title action is generally an equitable remedy awarded through the courts. The effect of such an action, if granted by a court, establishes an individual's right to ownership of real property against one or more adverse...
A. J. Mitchell's answer You may have grounds to file a contempt of court action against your ex-wife for failing to obey a court order. It is advisable to consult with an experienced attorney in this regard.
A. J. Mitchell's answer No, you are not legally obligated to pay a mortgage if you did not sign a contract to do so. However, if you are in possession of the property that is the subject of the mortgage and no one is paying the monthly mortgage payment, you are subject to eviction upon foreclosure.
A. J. Mitchell's answer Given that you have minor children and you want custody, I strongly recommend that you find a way to raise funds to hire an attorney who would agree to take your case for a reduced fee or pro bono. At the very least, you should seek to have a 30-60 minute consultation with an experienced divorce attorney. If you absolutely have to go it alone, you must file a complaint for divorce in the county where you and your husband reside. Turn to the internet and research Alabama's requirements for...
A. J. Mitchell's answer Your question is difficult to answer as presented. You need to provide more information and be more specific about what you want from the marriage. Do you and your husband have minor children together? Do you own real estate? Are you and your husband employed? Do you have significant marital assets?
A. J. Mitchell's answer The cost for filing a Chapter 7 bankruptcy generally ranges between $1,000 and $1,500 depending on a debtor's circumstances. In addition, a potential filer may be required to pay separately for credit counseling and debtor education. These costs are all over the place but generally do not exceed $50.00 per course.
A. J. Mitchell's answer No. However, you may be required to disclose your cash surrender value as a personal asset. You should consult with an experienced bankruptcy attorney regarding possible exemptions in this regard.
A. J. Mitchell's answer By signing an acknowledgment of service and waiver of venue, you (1) confirm that you have received service of process, which is a required action in successfully bringing a lawsuit, (2) avoid the need for a sheriff or other court-approved process server to come to your home or work place to "serve" you with a copy of the complaint against you and a court summons, and (3) waive your right to have the suit or hearing take place in your county of legal residence.
A. J. Mitchell's answer A Deed to Secure Debt or Security Deed is an instrument which secures a lender's interest in real property pursuant to the requirements of a promissory note. If you received a discharge of such a deed, this simply means that you are no longer legally liable for the underlying debt perhaps because you elected to surrender the real property to the lender.
A. J. Mitchell's answer Once one files for bankruptcy, all garnishments and other collection actions are subject to an automatic stay and thus must stop. Generally, funds garnished after a bankruptcy filing must be returned to the debtor(s). It would be helpful to refer this matter to your bankruptcy attorney if you have one.
A. J. Mitchell's answer If you are really asking for a file-stamped copy of such an order, you should contact your bankruptcy attorney or visit the clerk of court's office. Be sure to have your case number, SSN and proof of identification when you arrive at the clerk's office.
A. J. Mitchell's answer Need more information regarding the type of lien, circumstances of filing and date of filing. This is a matter that would be best handled by a contracts, business or real estate attorney.
A. J. Mitchell's answer Powers of attorney are generally governed by the law of agency. One who has been given power of attorney to act on behalf of another is also referred to as an "attorney-in-fact." Such individuals are considered agents for whoever provides them power of attorney (the "principal") and have a fiduciary responsibility (characterized by a duty of loyalty, duty of trust and duty of care) to act according to the directions of the principal. Given that your brother failed in this regard, your...
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