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Questions Answered by Rafael Gil III

1 Answer | Asked in Bankruptcy for Alabama on

Q: I am a Owner operator ‘ Trucking ‘ the past year I have had major mechanical repairs . Due to loans that have basically

have left us financially strapped . Looking for option if we can’t turn our situation around . Even considering Ch 7or 13 As last option....

Rafael Gil III answered on Mar 8, 2018

Chapter 13 might be a good option for you. You can consolidate all your debts, including your truck, and have your payments lumped into one lower payment.

1 Answer | Asked in Bankruptcy for Alabama on

Q: If I retire from my job (64 yrs old) can my Chp 13 be converted to a Chp 7 if I can now pass the means test?

Is choosing to retire allowed as a reason to convert or is this considered the same as "quitting" in the eyes of the Bankruptcy court?

Rafael Gil III answered on Mar 8, 2018

Yes, if your income falls below the median income you could qualify for a 7. You need to talk to your lawyer b/c converting to a 7 can have a negative impact on your assets.

1 Answer | Asked in Foreclosure for Alabama on

Q: After a default payment on a mortgage, what is the statute of limitations to initiate a foreclosure proceeding?

Rafael Gil III answered on Mar 7, 2018

Well there isn't a quote unquote "statute of limitations" to foreclose. Technically, once you have defaulted under the terms of the contract (i.e. loan), the mortgage company can start the foreclosure proceedings. Of course, they have to go through the legal process, which could take several... Read more »

1 Answer | Asked in Foreclosure, Energy, Oil and Gas and Consumer Law for Alabama on

Q: Can the power company shut off service for non payment at a different residence bc my brother used my name on the bill?

Brother used my name on his bill then skipped out of town. They are threatening to shut off my service now if I don't pay that debt by the end of the month

Rafael Gil III answered on Mar 7, 2018

If I were you I would contact the Alabama Public Services Commission and file a complaint.

1 Answer | Asked in Banking, Real Estate Law, Foreclosure and Arbitration / Mediation Law for Alabama on

Q: If a bank foreclosed on my home, can the bank hold a friend of mine (who house sits for me) liable for the loan?

My friend owns her own home. She is not on my deed.

Rafael Gil III answered on Mar 7, 2018

No, she cannot be held liable for the loan unless she executed a loan with her name on it.....your friend is safe!!

1 Answer | Asked in Foreclosure for Alabama on

Q: Can I legally take an a/c unit from a foreclosed home?

This was my mom's home with a reverse mortgage that was recently taken over by Fannie Mae. We are still in the process of removing our belongings. Hi

Hello

Rafael Gil III answered on Mar 7, 2018

No you cannot, the a/c unit becomes a "fixture" and thus part of the home.

1 Answer | Asked in Foreclosure for Alabama on

Q: My mom's house was recently foreclosed on due to a reverse mortgage.We are in the process of removing our belongings

Can we legally take the a/c unit which we helped her purchase ($2000)

Thanks for your help

Rafael Gil III answered on Mar 7, 2018

No.....once you purchase a central a/c unit it becomes a fixture and part of the house.

1 Answer | Asked in Foreclosure for Alabama on

Q: Can I Purchase a home 30 months out of foreclosure

We foreclosed in 2015 due to health and income issues now that we are back on our feet can we purchase a home now

Rafael Gil III answered on Mar 7, 2018

That is a great question. The answer is that it depends. Really depends on the mortgage company, your income, your credit score, etc. I know that when you file for chapter 7 bankruptcy and wipe out the foreclosure, you can purchase a home after 2 years.

1 Answer | Asked in Foreclosure for Alabama on

Q: Grandmother passed and has a mortgage that is going into foreclosure what can i do to save it and stay in the home

Rafael Gil III answered on Mar 7, 2018

You can try to cure the default by paying the arrears and foreclosure fees. If the grandchild is subject to inheriting the home and actually lives in the home, the grand child can file for chapter 13 bankruptcy to save the home.

1 Answer | Asked in Foreclosure for Alabama on

Q: What are the Foreclosure procedures on a property with a will and they are not making any payments since her death.

Property was left to two grandson and Will has not been probated. Mortgage company will not discussed with me, the daughter, citing Will not probated. Property located in Hayneville AL. BALANCE IS AROUND 24,000. Grandmother died July 18, 2017.

Rafael Gil III answered on Mar 7, 2018

The mortgage still has to be paid. The mortgage company can still foreclose on the home if the estate does not make payments on it.

1 Answer | Asked in Foreclosure for Alabama on

Q: My husband passed away, Home was foreclosed... I was basically locked out illegally. I’m disabled and was at the doctor

Office. I had to go through some nasty people to be given 3 hours to remove what was left in the home. The home sold for $10,000 more than was owed. The bank refuses to talk to me. What is my recourse?

Rafael Gil III answered on Mar 7, 2018

Is the home in your name or just your deceased husband's? I'm assuming they foreclosed some time ago and filed some sort of ejectment action against you and him because you did not get out of the home immediately. Unfortunately, the time for you to file for chapter 13 bankruptcy and save your... Read more »

1 Answer | Asked in Foreclosure for Alabama on

Q: A relatives home got repossessed in Ala. I had a car on the property. It is registered in my name. Can the bank take it?

I have the title to the car and it’s in my name.

Rafael Gil III answered on Mar 6, 2018

No, the bank cannot take the vehicle in the foreclosure. They may file something in court with regards to an abandoned vehicle. But the foreclosure in and of itself will not give them the right to the car.

1 Answer | Asked in Collections for Alabama on

Q: Can I do anything about a company calling me about a debt that is already written off.

I've asked them to stop calling me and they continue to do so they have told me they can't Sue me for this debt and it has already been written off. It is no longer on my credit report either.

Rafael Gil III answered on Mar 2, 2018

If the collections account is past the statute of limitations, it's non collectible. Next time they call tell them that pursuant to the Fair Debt Collections Practices Act, they cannot continue to contact you. This is the buzz word.....you say that and POOF!! They will stop calling you....hope... Read more »

1 Answer | Asked in Divorce and Collections for Alabama on

Q: What is ala law for interest on judgements since 1995?

The amount is 21152.50 as of June 1, 1995

Rafael Gil III answered on Mar 2, 2018

A judgment is only good for 10 years and can be renewed for another 10 years......maximum amount of time is 20 years. After that date, the judgment is deemed satisfied!!

1 Answer | Asked in Collections for Alabama on

Q: Can wife lose property that's only in her name if husband has outstanding debt?

My father has accumulated tons of debt over the past 2 years due to poor financial decisions, my mother owns property which is in her name only, she's terrified that she will lose it if my fathers debt collectors decide that they want their money, is it possible for her to lose it?

Rafael Gil III answered on Mar 2, 2018

No, you cannot marry into debt. Point being, your mother is NOT responsible for any debt that your father incurs in his own name.

1 Answer | Asked in Collections for Alabama on

Q: I paid plaintiff in full one day before court. Do I need to come to my court date

Rafael Gil III answered on Mar 2, 2018

I would. You do not want the plaintiff going to court and misrepresenting to the court any of the facts. You want them to announce that the case is dismissed WITH prejudice.

1 Answer | Asked in Civil Litigation, Collections and Contracts for Alabama on

Q: I paid someone $3,000.00 for a mobile home. There was a signed contract, but he didn't deliver it or refund the money.

He gave me the option of either continuing to wait on him or receive a full refund

I asked him for a refund and he assured me that he would refund me the money. I have not received the refund yet. Can I file a police report?

Rafael Gil III answered on Mar 2, 2018

Yes, I would file charges against him.....it's called "theft by deception!" good luck....

1 Answer | Asked in Banking, Consumer Law, Collections and Elder Law for Alabama on

Q: How can I get copies of a bank judgement and all supporting documentation?

I recently received notice from a local bank that they have an old judgement against me and my late husband but I do not believe that I owe it and do not recall signing the papers. I have repeatedly requested all documentation supporting the balance and judgement. But they simply ignore me and... Read more »

Rafael Gil III answered on Mar 2, 2018

I would go by the county courthouse in the county that you live or in the county where that bank is located (where you signed the loan/contract) and they can look up the case and whether or not there is a judgment on the case.

1 Answer | Asked in Civil Litigation and Collections for Alabama on

Q: i jointly own rental property in AL with my x-wife. We live in FL. Can a creditor attach a lien in AL for money I owe?

Property in AL titled survivorship warranty deed fee simple.

Rafael Gil III answered on Mar 2, 2018

Yes, if you owe money to a creditor AND they obtain a judgment they can place it on any and all property you own in your name....this is regardless of whether or not you own it jointly with someone else! If they do not have a judgment, they can't arbitrarily place a lien on the land. Exceptions... Read more »

1 Answer | Asked in Collections for Alabama on

Q: Can a debtor make a writ of garnishment null and void if that person was not "warned" in writing that one was coming?

I have a money judgment against my ex daughter-in-law. She told my son that she will nullify the writ of garnishment because I, as the creditor, did not send her proper notification. I have not contacted her because she takes it out on my son by reducing the time he has with my grandson. It is... Read more »

Rafael Gil III answered on Mar 2, 2018

No, she cannot. As long as you have a writ of garnishment, you can levy her bank accounts and/or garnish her wages. Notice is not required. Just serve her employer or bank. Notice would make it impossible to execute the writ.....they would simply empty out the bank account before you levied... Read more »

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