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Questions Answered by Mark David Nusz

1 Answer | Asked in Landlord - Tenant for Washington on

Q: My stepfather owns his home, but the electric bill is in my mother's name, she also pays the electric bill, and has been

staying their for a year and three months now, do he have the rights to call the police and have them to put her out even without an eviction notice?

Mark David Nusz answered on Sep 1, 2018

No. If she's there and has utilities in her name then she probably had a right to be there at some point. She would have to be removed with proper notice and due process.

Additionally, if your mother has any ownership rights to the house, it is unlikely that she could be removed at all...
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1 Answer | Asked in Employment Law for Washington on

Q: Can a consulting firm employ a consultant as Exempt and hourly, paying them an hourly rate based on billed hours?

Mark David Nusz answered on Sep 1, 2018

If you are an exempt employee, that means that your employer does not have to pay you overtime rates (i.e. time and a half for weekly hours over 40) or the minimum wage. In order to classify you as an exempt employee, there is a three-part test that must be passed. One of these tests is that you... Read more »

1 Answer | Asked in Real Estate Law for Washington on

Q: "Charged-Off" real estate debt--What are my options? In 2013, my home was foreclosed with a 1st & 2nd mortgage.

The home was sold for about $30k above the amount of the first mortgage. $6k of that was applied to the second mortgage. I've been renting since then, trying desperately to repair the damage to my credit. I recently called a mortgage broker to see if I am in a position to become a homeowner... Read more »

Mark David Nusz answered on Sep 1, 2018

Many people in you situation in 2013 would have filed for bankruptcy so that the 2nd mortgage would have been completely removed / discharged. Then the creditor would not have any recourse to you personally for the deficiency.

The charge off only means that the creditor has "written-off"...
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1 Answer | Asked in Landlord - Tenant for Washington on

Q: After given a 3 day to pay or vacate notice, how long do I actually have to vacate?

I saw on the "Tenates Rights" web pages that I actually have 21 days before the sheriff would come and start putting stuff out of the house. Is that correct?

Mark David Nusz answered on Sep 1, 2018

It generally takes several weeks before the sheriff will come and actually evict / put you stuff out on the curb. The answer to your question is: it depends on several factors, one of which is which city / county you live in. While the laws that pertain to tenant evictions are set out in... Read more »

2 Answers | Asked in Bankruptcy for Washington on

Q: If you file for chapter 7 bankruptcy, during the process, can you purchase the note on the home that you bankrupted?

Mark David Nusz answered on Sep 1, 2018

Yes, you could redeem the house. As the previous attorney mentioned, you would attract scrutiny if this was a large transaction and you'd need to make sure the source of money was legitimate, and outside of the reach of the trustee if you did not do the redemption.

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2 Answers | Asked in Bankruptcy for Washington on

Q: What happens if a person who files for bankruptcy wins the lottery? Can he keep the money?

Mark David Nusz answered on Sep 1, 2018

The lottery winnings should be yours, as long as they are won after your discharge. If you've just filed a Chapter 13, the discharge could be 5 years away. If the lottery win happened during the course of the Ch. 13, then the winnings would likely require that your chapter 13 plan be modified to... Read more »

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3 Answers | Asked in Bankruptcy for Maryland on

Q: What assets will I be able to keep if I file for bankruptcy?

Mark David Nusz answered on Sep 1, 2018

Many debtors in Chapter 7 get to keep all of their assets. As long as they can afford to keep them, debtors in Chapter 13 usually get to keep all of their assets. What you can keep in Chapter 7 all depends on what you have and the exemption laws that you can use to protect your assets. Some folks... Read more »

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