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Questions Answered by Rachel Lea Hunter

1 Answer | Asked in Real Estate Law for Georgia on

Q: My father in law is going to sign the property deed over to us do we need an attorney for this and what forms do we need

Rachel Lea Hunter answered on Jul 12, 2014

You need a real estate attorney. There are no forms unless you are thinking of using a quit claim deed form that you buy at an office supply store or legal forms place on the internet.

Don't be cheap and think you will save a few bucks because if something does not go right then you will...
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1 Answer | Asked in Family Law for Pennsylvania on

Q: I have a 2 and 1/2 year old son. Is it illegal to have my son around my boyfriend who I've been with for a yr now?

My son's father and I don't get along. We've been battling for custody and support. Our support hearing isn't until next year. I need to know my rights

Rachel Lea Hunter answered on Jul 12, 2014

Its not illegal unless there is a court order specifically mentioning that your child is not to be around your boyfriend (for example, if he is a child abuser, your ex may understandably not want his child exposed to that kind of person).

You really need to discuss this with your...
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1 Answer | Asked in Internet Law for Pennsylvania on

Q: If I have been defrauded by a website from London, England do I have any recourse to get my monies back?

Rachel Lea Hunter answered on Jul 12, 2014

How do you know the website is in London, England? It could be anywhere in the world and making it look like Lon don, England.

In theory, yes, you might be able to recover your money, but in practical terms, the answer is you probably will not.

If the criminal is in a foreign...
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1 Answer | Asked in Foreclosure for North Carolina on

Q: My mother in law died. We co-owned a house. She defaulted. Her bank tried to foreclose on her. Can we do anything?

We owned a house together in NC. We filed for bankruptcy and the bank tried to foreclose on our portion. The foreclosure never went through. Our bank gave up. My mother in law then became ill and defaulted on her part. Her bank was trying to foreclose on her portion of house. How can they... Read more »

Rachel Lea Hunter answered on Jul 12, 2014

OK - let me get this straight - you and mother-in-law jointly owned a house - how - as tenants in common or as joint tenants with right of survivorship?

Foreclosure would make sense only if the property was mortgaged - who was liable on the mortgage? You or your mother-in-law or both?...
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1 Answer | Asked in Real Estate Law for North Carolina on

Q: does a deed of trust determine what is on a title policy?

Rachel Lea Hunter answered on Jul 12, 2014

No. A deed of trust is the document used to create a mortgage or lien on the property to secure the funds usually borrowed to purchase the property. The deed of trust is accompanied by a promissory note and possibly a security agreement. A deed is just a document that indicates who owns the... Read more »

1 Answer | Asked in Child Support for North Carolina on

Q: I live in NC with my 12yo, father lives in FL, which state do i file for chid support?

It us very difficult and thus child fathers doesn't offer any financial support for her. Whenever she gets any money she has to beg him for it and how she gets it

Rachel Lea Hunter answered on Jul 12, 2014

Child support is based on where the child lives. If there has been no support order entered and the child has lived in NC for 6 months or more, then NC. Under the uniform support act (all states have a version of it), you file for support here and NC child support contacts FL to get the support... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on

Q: my landlord said he is selling the property but he gave me only 15 days to get out can he do this

Rachel Lea Hunter answered on Jul 12, 2014

What kind of a lease do you have? When is your lease to end? Is this a lease of a regular dwelling or a mobile home? The landlord cannot tell you to get out prior to the end of your lease but it depends on if your lease was year to year or month to month or less (week to week). Very little... Read more »

1 Answer | Asked in Real Estate Law for Georgia on

Q: My grandmother gave me 2 acres of her land to place my mobile home on. Have lived on the land for 5 years,

I have paid property taxes for 3 years. Now my aunts have given me 45 days to move so they can sell the land Do I have any legal recourse?

Rachel Lea Hunter answered on Jul 12, 2014

You say your grandmother "gave :you 2 acres of land. Did she transfer ownership or merely allow you to put your mobile home on the land?

Paying taxes on land you do not actually own is meaningless. You acquire no rights in the land.

If the land was subdivided and 2 acres were...
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1 Answer | Asked in Family Law for Georgia on

Q: Can a woman sue a man for back child support if there was never a court order?

My sister is 3 months shy of being 18. My father has been paying child support willingly and on his own for the last 8 years. 3 years of which my sister lived with him. The first 10 years of her life he was "away". He also always gives my mother and sister both extra money when they ask for it. Now... Read more »

Rachel Lea Hunter answered on Jul 11, 2014

Yes and no. Child support orders are prospective in that child support runs from the date the child support petition is filed. However, caselaw permits a mother (its usually the mother) to seek retroactive support from the man. This support is not based on the child support guidelines but allows... Read more »

1 Answer | Asked in Family Law for Georgia on

Q: Can a woman sue a man for "back" child support if there was never a court order?

My sister is almost 18. My father has been paying child support on time and on his own for 8 years to my mother for my sister, and also gives both of them extra money when they ask for it. 3 of those years my sister lived with him. For the first 10 years of her life he was incarcerated. No that my... Read more »

Rachel Lea Hunter answered on Jul 11, 2014

Yes and no. Child support orders are prospective in that child support runs from the date the child support petition is filed. However, caselaw permits a mother (its usually the mother) to seek retroactive support from the man. This support is not based on the child support guidelines but allows... Read more »

2 Answers | Asked in Family Law for Pennsylvania on

Q: If I live in PA and my children live in NY which state do I file for visitation in?

Rachel Lea Hunter answered on Jul 11, 2014

New York if they have lived there for 6 months or more and there are no prior custody orders entered by another state.

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1 Answer | Asked in Medical Malpractice for Pennsylvania on

Q: in the state of pa, exactly whats the statue of limitations for malpractice. how long and when can I file charges?,

is it from the date of the malpractice, the date it started, the time when I realized it, or from the time the physical problems started as a result of medical neglect?

Rachel Lea Hunter answered on Jul 11, 2014

2 years from the date of the alleged malpractice. There is a discover rule though which may extend this to the time of discovery. Examples may be having surgery and the doctor leaves a sponge or medical instrument inside you - in such case you would have no reason to know until some other event... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on

Q: I own a parcel of ground with my ex wife and my daughter can they lease the parcel without my permission?

I own a parcel of ground with my ex wife and my daughter. can they lease the ground without my permission?

Rachel Lea Hunter answered on Jul 11, 2014

There's legal and there's quasi-legal. Should they? No. Can they? Maybe.

To be valid and binding, a lease should be signed by the tenant and all the owners unless one owner has a power of attorney for another owner. The problem is really one from the tenant's perspective because if...
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1 Answer | Asked in Real Estate Law for Georgia on

Q: What is the statue of limitation in Georgia on a quick claim deed?

Rachel Lea Hunter answered on Jul 11, 2014

Your question makes no sense.

There is no such thing as a "quick" claim deed. This is a mispronunciation of "quit" claim deed.

A quitclaim deed is a deed by which you transfer land to someone else - its usually used in transfers between family members (parents/children,...
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1 Answer | Asked in Collections for Georgia on

Q: I lent $50,000 to a private real estate investor who hasn't paid me back. Can I sue them without a lawyer and what court?

Rachel Lea Hunter answered on Jul 11, 2014

Anybody can sue anyone else without a lawyer. However, lawyers went to law school for 3 years and have been practicing law and know the rules. You may or may not. Since you are asking such a basic question as "where do I sue?" I am not entirely confident in your ability to sue someone on your... Read more »

1 Answer | Asked in Small Claims for Georgia on

Q: I lived with a man He paid off my car no mention of repayment. I thought it was a gift. What kind of lawyer do I need

The reason I moved out my daughter found out some bad news on the internet and made me leave him. I had already made up my mind to leave but he gets violent so easily I was afraid of him.The small claims was filed in crossville tn I live in Cairo Ga. Where will court be held

Rachel Lea Hunter answered on Jul 11, 2014

Small claims will be held in Grady County in Cairo.

You need to file an answer within 30 days after you received the summons and complaint/statement of claim.

Here is the answer form:

http://www.georgiacourts.org/councils/magistrate/public%20forms/mag%2010-...
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1 Answer | Asked in Real Estate Law for North Carolina on

Q: Name is on deed, not loan. House in foreclosure. Husband gone, will bank notify me before padlocking belongings?

Refinanced in 2009, I couldn't be present for signing. I signed release allowing husband full control. He consolidated debt he'd acquired into mortgage and my name was removed from loan. Due to consolidation increasing mortgage payment, when he left 7 months ago I was unable to make the payments.... Read more »

Rachel Lea Hunter answered on Jul 11, 2014

Is your name still on the deed to the house (you indicate yes)? If so, then you have to be given notice if any foreclosure complaint is filed and of any sale. You will have up to 10 days after the sale becomes final to leave once the new owner acquires the property.

Usually, foreclosure...
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1 Answer | Asked in Real Estate Law for North Carolina on

Q: How do we claim a house that is abandoned

The house just sit there the taxes are kept up but the house is abandoned

Rachel Lea Hunter answered on Jul 11, 2014

You do not "claim" a house that is abandoned. Someone has to be the record owner of a house. Who is it? Have you checked the real estate records? Does a bank own it (as in the case of a foreclosure) or a person? If a person, is the person still alive? If they are dead, has an estate been... Read more »

1 Answer | Asked in Divorce for North Carolina on

Q: HOW DO I FILE AN AMENDMENT TO A SIMPLE DIVORCE COMPLAINT IN UNION COUNTY?

Rachel Lea Hunter answered on Jul 11, 2014

You file an amended complaint. Where it says "complaint" you type in "amended complaint" and then you retype whatever stays the same and what is changed. You can file this without approval from the court if the answer has not been filed. If the answer is already filed then you have to attach a... Read more »

1 Answer | Asked in Estate Planning for North Carolina on

Q: I want to do a "Life Estate" to my son - what do I need?

change deed? letter to mortgage co.? are there docs from court house that I need? How much does this cost>

Rachel Lea Hunter answered on Jul 11, 2014

What are you trying to do?

Life estate or "Lady Bird" deeds are not recognized in NC.

However, if you own real property you can convey it to someone else and keep a life estate. The problem is that if the land is mortgaged, then the lender may not be real crazy about conveying the...
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