There is some good news and bad news in this situation.

If you never paid the remaining balance due on the car, you do not own the car and the lien on the car remains with the lender. The good news, however, is that you are not responsible for any of the debt associated with the car... View More

While the Servicemembers Civil Relief Act provides protections for financial and legal transactions while in the military, I don't believe the Act confers greater rights than a person can have in a situation like the one you describe. If a person is renting your property, you have the right to... View More

Yes, your earnings obtained through Workers' Compensation are exempt from execution by creditors based on the statute you reference. Since the Commonwealth of Virginia does not allow its citizens to use the federal exemptions, the benefit is clear that Virginia's protection of... View More

According to the notice law in your jurisdiction, you must be out of the property by the end of the 60th day. Additionally, you must pay rent through the 60th day. If you do not leave, you can be sued for unlawful detainer and eventually be kicked out forcibly by the County Sheriff. It is suggested... View More

The simple answer is that he cannot take your name off the mortgage. He needs to refinance to take your name off the mortgage. There is an old strategy whereby he can assume the mortgage but this takes the approval of the mortgage company. The mortgage company would, however, still want to keep you... View More

The title company only operates from the contract and will split the transfer and recordation taxes if the contract so states. Your question missed the second part of Tax Property 14-104(c) which says "unless there is an express agreement between the parties to the agreement that the... View More

It is likely that you will have to pay transfer tax on the money paid to obtain the tax sale. A tax sale deed is obtained from the Director of Finance or some similar official at the county where you purchased the tax sale. You will need a title company to record the deed and pay the appropriate... View More

Yes, you can be bought out. Your ex will, likely, have to refinance to come up with the cash to pay you. It is in the settlement of that refinance that you can be removed from the title and a new deed showing your ex's ownership of the property.

Good luck in your future endeavors.

It is clear that the mortgage company representative is melding two issues together to come up with a nonsensical result. The issue here is that while the Chapter 7 discharge absolves you of personal responsibility on the loan the liens remain. So, the deferred balance is part of the lien that... View More

Since the car was paid off in 2018 the release should have been given to you, regardless of any balance on the credit card, at that time. Said another way, the event that gave rise to the lien release happened before the bankruptcy case was filed. The cross collateralization clause cannot affect... View More

While the automatic stay prevents the repossession from resulting in a sale of the vehicle, you must complete all the required filings for the purposes of prosecuting your bankruptcy case.

It is best to use counsel experienced in these types of situations to assist in completing the... View More

It depends on the situation. There are many reasons why a Trustee or their counsel would have to sue someone in a bankruptcy case. I would need more specific information to be able to form any sort of answer to this question.

First, your creditors receive payments in a Chapter 13 case as distributed by the Chapter 13 Trustee in your case. Second, the creditors who have been listed on the bankruptcy schedules are not always the ones who get paid in a Chapter 13 case. The creditors must file a proof of claim to be... View More

This question is one of title to the property. It does not matter if the mortgage company names you as a successor in interest for the property. The title deed of the property is what controls this situation. The title company handling the settlement should be able to tell you whether or not you... View More

Simple answer, no. She is on the title to the property she has to sign the deed transferring the property to the new owner.

Good luck in your future endeavors.

Yes, you can purchase a condo for cash in Ocean City without a realtor but you would need someone to prepare a contract for you for the purchase of the condo. It is likely that you may be able to find an attorney who could prepare the contract for you since you are the purchaser of this... View More

You may have a claim that is actionable. The problem, however, is that you may not be able to prove your case without investing substantially more than you lost for attorneys fees, court costs, discovery costs, and associated other costs.

I suggest going to the settlement company directly... View More

The simple answer with this fact pattern is that you have liability for your cash in a bank account as it will be presumed that she owns half of the money prior to your marriage. This fact pattern is only presumed if the creditor comes after your jointly owned account.

Adding your fiance... View More

While you may have cited the correct code section dealing with reconsideration motions, the Judge does not have to find for you just because of that code section cite. You must provide a legal basis with additional facts to show the judge that the initial ruling was wrong.

Typically, the Central Collections unit will set up a payment arrangement with you. Additionally, they can be paid over the course of 5 years through a Chapter 13 bankruptcy case. You should contact an attorney to guide you through this process.