Questions Answered by Rafael Gil III

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

1 Answer | Asked in Bankruptcy for Alabama on
Answered on Mar 8, 2018
Rafael Gil III's answer
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.

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?

1 Answer | Asked in Bankruptcy for Alabama on
Answered on Mar 8, 2018
Rafael Gil III's answer
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.

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

1 Answer | Asked in Foreclosure for Alabama on
Answered on Mar 7, 2018
Rafael Gil III's answer
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 months to complete.

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

1 Answer | Asked in Foreclosure, Energy, Oil and Gas and Consumer Law for Alabama on
Answered on Mar 7, 2018
Rafael Gil III's answer
If I were you I would contact the Alabama Public Services Commission and file a complaint.

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?

1 Answer | Asked in Banking, Real Estate Law, Foreclosure and Arbitration / Mediation Law for Alabama on
Answered on Mar 7, 2018
Rafael Gil III's answer
No, she cannot be held liable for the loan unless she executed a loan with her name on it.....your friend is safe!!

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

1 Answer | Asked in Foreclosure for Alabama on
Answered on Mar 7, 2018
Rafael Gil III's answer
No you cannot, the a/c unit becomes a "fixture" and thus part of the home.

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

1 Answer | Asked in Foreclosure for Alabama on
Answered on Mar 7, 2018
Rafael Gil III's answer
No.....once you purchase a central a/c unit it becomes a fixture and part of the house.

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

1 Answer | Asked in Foreclosure for Alabama on
Answered on Mar 7, 2018
Rafael Gil III's answer
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.

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

1 Answer | Asked in Foreclosure for Alabama on
Answered on Mar 7, 2018
Rafael Gil III's answer
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.

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

1 Answer | Asked in Foreclosure for Alabama on
Answered on Mar 7, 2018
Rafael Gil III's answer
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.

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

1 Answer | Asked in Foreclosure for Alabama on
Answered on Mar 7, 2018
Rafael Gil III's answer
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 home, has come and gone.

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?

1 Answer | Asked in Foreclosure for Alabama on
Answered on Mar 6, 2018
Rafael Gil III's answer
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.

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

1 Answer | Asked in Collections for Alabama on
Answered on Mar 2, 2018
Rafael Gil III's answer
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 that helps!

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

1 Answer | Asked in Divorce and Collections for Alabama on
Answered on Mar 2, 2018
Rafael Gil III's answer
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!!

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

1 Answer | Asked in Collections for Alabama on
Answered on Mar 2, 2018
Rafael Gil III's answer
No, you cannot marry into debt. Point being, your mother is NOT responsible for any debt that your father incurs in his own name.

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

1 Answer | Asked in Collections for Alabama on
Answered on Mar 2, 2018
Rafael Gil III's answer
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.

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.

1 Answer | Asked in Civil Litigation, Collections and Contracts for Alabama on
Answered on Mar 2, 2018
Rafael Gil III's answer
Yes, I would file charges against him.....it's called "theft by deception!" good luck....

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

1 Answer | Asked in Banking, Consumer Law, Collections and Elder Law for Alabama on
Answered on Mar 2, 2018
Rafael Gil III's answer
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.

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?

1 Answer | Asked in Civil Litigation and Collections for Alabama on
Answered on Mar 2, 2018
Rafael Gil III's answer
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 would be materialman's liens, etc.....

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

1 Answer | Asked in Collections for Alabama on
Answered on Mar 2, 2018
Rafael Gil III's answer
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 it!!! ;)

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