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Questions Answered by Leonard R. Boyer
1 Answer | Asked in Foreclosure for New Jersey on
Q: Can I sue Pacific Union bank for foreclosure which happened two years ago. And they auctioned our house.

Two years ago, our house for foreclosed but it was within 8 months or so and auctioned off, before that they increased our mortgage payment by nearly $700 and from the initial payment agreed on. This put our family in great financial distress, eventually they auctioned off to a price, less than... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 20, 2020

From what you stated, there is no basis for you to file a lawsuit against the lender. In addition, if you file a frivolous lawsuit in NJ, you can be held liable to the other party for legal fees and expenses.

2 Answers | Asked in Divorce for New Jersey on
Q: My boyfriend is divorced for 11 years in January he has been paying alimony for 10 years he wants to retire

he will be moving to Nevada and living on my property and not making an income anymore his ex is a nurse and still has an income way more then what he makes he works 7 days a week to pay her alimony payments is there a way to get it stopped?

Leonard R. Boyer
Leonard R. Boyer answered on Oct 20, 2020

You are going to need a consultation with an experienced matrimonial attorney (either virtually or in person) to obtain enough facts to provide meaningful legal advice and what is realistic to expect.

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3 Answers | Asked in Bankruptcy, Estate Planning, Banking and International Law for New Jersey on
Q: If Im poa on my Dad's account, that can't be affected by my bankruptcy? Also can I open a new account with us both on?

My father is moving to a new country next week and I am newly appointed durable power of attorney over his financial accounts.... If I file bankruptcy that shouldn't effect his banks accounts correct? Also I was thinking of opening a new checking account with my father and myself as joint... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 10, 2020

Do not open any bank accounts until after your bankruptcy is discharged. Do not look for problems. You also need to be represented by an experienced Bankruptcy attorney. What you do not know can cause you all sorts of problems. You really need to leave things alone. Even with the Pandemic, if you... Read more »

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1 Answer | Asked in Contracts for New Jersey on
Q: Vendor was hired to perform work and order customized product to do so by homeowner’s contractor and vendor was paid

Deposit by contractor. Vendor did not do the work, informed contractor he would return refund to him so homeowner hired another vendor. First Vendor later claims deposit is not refundable. Can the contractor sue the homeowner for the deposit? Shouldn’t the vendor just return deposit or... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 8, 2020

No, you need to retain an experienced civil litigation attorney who will file suit against all possible defendants. New Jersey home improvement contractors must follow the New Jersey Home Improvement Regulations, the New Jersey Home Improvement Contractor Registration Regulations and the New Jersey... Read more »

1 Answer | Asked in Contracts, Small Claims and Consumer Law for New Jersey on
Q: Hired contractor to renovate bathroom. Estimate stated “cost does not include glass shower door.” He recommended glass

Co and paid deposit NOT mentioning a non refundable deposit. 7 months and Glass guy did not install and contractor said I can cancel and asked me for the deposit. Glass guy is his sub. Glass guy said he would refund contractor, I have no contract with glass guy. Since refund didn’t happen, now... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 5, 2020

Although you listed this as a "Small Claims case", it may (or may not be much more than that). In NJ almost no home improvement contractor's contract ever complies with the contract requirements of the New Jersey Home Improvement Contractor Act, which will almost certainly violate... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a seller back out of a sale of her house after inspection and attorney review part of the closing?

No money has exchanged hands. She is still paying off her mortgage to the bank . There is a bit of ambiguity in the contract as to who makes the repairs upon the sale. However, Edison Township states she is responsible for them, of which she is not willing to make. The prospective (house flipping)... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 1, 2020

At this point, yes, there is no valid contract in place. This happens all the time.

7 Answers | Asked in Bankruptcy for New York on
Q: What i need to apply for BankruptcyI am retired with 865 a month, less rent 309 and home phone 71 I count with 485

my credit debt is $39,116.06

no house owner and need to keep my 2004 jeep (about 3500 by kellys blue book)

where i could fin a lawyer for this???

Thank for your time

Leonard R. Boyer
Leonard R. Boyer answered on Sep 2, 2020

You would probably be able to qualify for legal aid. If not contact local law school legal clinics. You will not lose your vehicle.

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1 Answer | Asked in Consumer Law for New Jersey on
Q: in a home remodel a contract clause says limited lifetime labor warranty. What does that stand for?
Leonard R. Boyer
Leonard R. Boyer answered on Aug 30, 2020

No one can tell you anything without reviewing the contract itself. Anyone could guess, the meaning these terms, but "limited lifetime" could mean many different things. You should NEVER sign any Home Remodeling Contract without having an attorney review it first.

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Municipal Law for New Jersey on
Q: Can dcp&p remove children during covid-19 pandemic without a court order?
Leonard R. Boyer
Leonard R. Boyer answered on Aug 26, 2020

Yes they can. You are going to need to retain an experienced matrimonial attorney to find out exactly what is going on and determine your rights accordingly.

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3 Answers | Asked in Bankruptcy, Consumer Law and Identity Theft for New York on
Q: Master Promissory Note on file with FSA for Student Loans never signed and is completely blan: Can i discharge the debt?

The Master Promissory note on file with Federal Student Aid is completely blank. There's no information about me in any regard, not even my name. Am I legally responsible for this debt or can It be discharged/forgiven?

The Federal Student Aid website has all the federal loan... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Aug 21, 2020

Nothing about your question makes any sense. If you received a student loan, then you are obligated to pay for it. It's that simple.

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5 Answers | Asked in Bankruptcy and Divorce for New York on
Q: If husband files for bankruptcy prior to divorce will that affect how much I end up with?
Leonard R. Boyer
Leonard R. Boyer answered on Aug 18, 2020

Depending on the type of bankruptcy and the overall financial situation you could end up with more or less. This is not possible to answer in broad generalities.

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2 Answers | Asked in Divorce for New Jersey on
Q: My wife and I separated September of last year. The cat stayed with me. She abandoned him and then stole him. NJ Statute

She never asked about cat at all for months. I paid the vet bills. I took care of him. He was my domestic companion animal that was with me through my marriage and seperation. She came to my home and cat-napped him, and she let me worry for days until I asked her if she took him. What NJ Statute... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Aug 14, 2020

Since you live in NY, you will need to retain an experienced NY matrimonial attorney and all of these issues will be worked out during the course of the divorce proceeding. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely... Read more »

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4 Answers | Asked in Bankruptcy and Consumer Law for New Jersey on
Q: Our house was foreclosed on last year and bankruptcy was dismissed. My brother I law passed away. My mother in law wants

to put his house in my husband and his sisters name because she is 90 yrs old

Can he have the house in his name.

Leonard R. Boyer
Leonard R. Boyer answered on Aug 13, 2020

NO! If the house was foreclosed on, your Mother no longer owns it. Also, any change to the deed would cause problems. You really need to have an in person consultation (or secure video conference with an experienced NJ mortgage foreclosure defense and bankruptcy attorney. The exact situation can... Read more »

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2 Answers | Asked in Contracts and Civil Litigation for New Jersey on
Q: Can our wedding venue ignore us and go silent on our refund request?

We canceled our wedding venue weeks ago. They promised to discuss our refund upon their business opening up as they could not issue refunds while being closed. Their business has since been opened and they ignore emails, don't show up for scheduled calls, and have now gone silent. We feel they... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Aug 11, 2020

The only way that you have any chance of getting your money back is going to be to file a lawsuit. However, no one can tell you about the solvency of this "wedding venue". Depending on the contract and other facts, you may have a complaint under the New Jersey Consumer Fraud Act, which... Read more »

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3 Answers | Asked in Bankruptcy for New York on
Q: ID like to locate chapter 11 bankruptcy cases in the ED or SD of NY, how do i do that?

specifically subchapter v in the prior year, is there a way of doing that?

Leonard R. Boyer
Leonard R. Boyer answered on Aug 9, 2020

Subchapter 5 just started this year. What exactly is it that you are trying to do?

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1 Answer | Asked in Small Claims, Consumer Law and Copyright for New Jersey on
Q: I received an email from google about a Notice of Class Action Settlement re Google Plus Your Rights May Be Affected

They provided a well detail email about the options I have and I wanted to know if I should just settle for the $12 or can I go bigger they have broken my rights and invaded my privacy

Leonard R. Boyer
Leonard R. Boyer answered on Aug 7, 2020

Trying to file a lawsuit as an individual against a company like Google is not going to be cost effective. You don't even know if your legal fees will be covered or not. Most litigants in a class action settlement get next to nothing. I personally, would take the $12.00 and move on.

5 Answers | Asked in Bankruptcy for New Jersey on
Q: Would a judgement received as a result of a personal injury case from an auto accident be dischargeable in bankruptcy?

My husband just learned that there was a $75k judgment against him and his co-defendant in a personal injury case from 2007, but judgment was placed in 2010 without him ever receiving any notice for court, about the judgment, etc. He was aware of the case and got to the point where they were... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Aug 5, 2020

You really need to retain an experienced Bankruptcy attorney to represent you in this matter. Bankruptcy is very complex and far more than merely filing out forms. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video... Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: Can I get alimony?

Me and my husband have been separated for 2 years he threw away all of my belongings and I just found out today that his girlfriend is two months pregnant and wanted to know if I can get alimony from him?

Leonard R. Boyer
Leonard R. Boyer answered on Jul 25, 2020

The answer is probably not. You have been living separate and apart for two years, so there would be a strong argument against it. The fact that your not yet ex-husband has a pregnant girlfriend is not a factor. What you need to do is have an in person consultation with an experienced matrimonial... Read more »

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: My ex girlfriend keeps filling temporary restraining orders against me I have no contact with her and haven't seen her.

She lives in NYC I live in NJ. I haven't seen her in 9 months.

Leonard R. Boyer
Leonard R. Boyer answered on Jul 2, 2020

You are going to need to retain a NY matrimonial attorney, with extensive domestic violence trial experience, if these complaints are filed in NY, but if they are being filed in NJ, then you need a NJ attorney. Your question has omitted a significant amount of facts, which would be necessary to... Read more »

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2 Answers | Asked in Contracts for New Jersey on
Q: Need a letter

Hello: I am looking for a letter that I need my son to sign in exchange for $20,000.00. We bought him a house five years ago and he wanted another place and I financed it for him. He wants to stay at the other property but wants 20,000.00. I am willing to give it to him but I want him to sign a... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jul 1, 2020

A letter is insufficient in this matter. Depending on what a review of the documents pertaining to both properties indicates a new deed and other documents will be required. A deed or any matter pertaining to a financial obligation in regard to real estate cannot be modified by a letter.

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