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Questions Answered by Rachel Lea Hunter
1 Answer | Asked in Collections for North Carolina on
Q: In NC, if I make a payment to a "debt buyer" and not the original creditor - does the statute of limitations reset?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 3, 2013

Yes. Partial payment will revive the statute because you are re-acknowledging the debt.

1 Answer | Asked in Collections for North Carolina on
Q: My SOL on a credit card debt ran out in the middle of a court session. Are they still allowed to collect?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 3, 2013

Yes if a lawsuit was filed prior to expiration of the statute of limitations. The statute begins to run from the date of your last payment. It is 3 years in NC. If suit was filed in 3 or less years from the date of your last payment, then suit is timely regardless of when judgment was entered... View More

1 Answer | Asked in Foreclosure for North Carolina on
Q: Who is responsible for mortgage payment if homeowners association forecloses on condo in NC?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 3, 2013

If an HOA forecloses, the property is sold at a sale subject to the mortgage and the new buyer at the sale. Depending on the amount of the dues, this might even be the mortgage lender. However, you are responsible up till the time of the foreclosure sale and through any upset period, if... View More

2 Answers | Asked in Banking for North Carolina on
Q: Where can I find info on the Patriot Act and regulations re: deposits
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 3, 2013

You can start here:

http://en.wikipedia.org/wiki/Bank_Secrecy_Act

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1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: What types of lawyers handle armed robbery cases where 60yrs was the sentence all appeals were denied in Georgia?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 3, 2013

Criminal attorneys. If all state direct appeals are exhausted, then either seek out post-conviction relief or file a federal habeas corpus petition.

I am not a criminal lawyer.

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: What questions are addressed in an appeals proceeding?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 3, 2013

Is this civil or criminal? The questions are decided by the appealing party but they all boil down to this - the question in every appeal is whether the trial court erred in finding a fact, or letting in evidence or making some other ruling. In addition, the appealing party has to show that not... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: How do you file for,,Petition For Issuance of Title??
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 3, 2013

You do not provide enough detail for me to figure out what you are trying to do and why "title" has not been issued. Deeds are issued for land, not titles. This is posted under real estate law so I assume you are talking about a deed. I don't know why a deed was not issued - there... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I had a time share and sold it using quit claim deed. They now say it's in their by laws that I cannot sell to a corp.
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 3, 2013

And what is your question? Why did you sell your timeshare to a corporation? What kind of "corporation was this? There are lots of timeshare scams out there. What kind of "bylaws" is this in? Corporate bylaws? How then are owners of timeshares made aware of this rule? I would... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If my dad adds me to the deed upon closing on home purchase in NC, does my wife need to acknowledge the transaction?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 3, 2013

Is your father buying the property and just adding you to the deed? In that case, I am not sure why your wife would have to acknowledge it as you say. You can have property in just your name. The problem is if you are conveying property to someone else. In that case, your spouse has to be part... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Can my partner not pay their half of the mortgage and move to another state?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 3, 2013

You indicate you have a partner. That implies that you are not married. Do you have a partnership agreement? Who is on the deed to the real property? Who is on the mortgage?

If there is a partnership agreement then that would govern any division of property. If there is no agreement then...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: In NC can a seller get out of an agreement to sell a home once it is signed?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 3, 2013

Sure - anything is possible. But you first need to read the offer to purchase agreement. You will forfeit the earnest money probably. Depending on how badly the buyer wants the home, they may also sue for specific performance, i.e., the house.

You should talk to your realtor and perhaps a...
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1 Answer | Asked in Bankruptcy for Georgia on
Q: I filed a Bankruptcy in 2/6/2004, then filed to stop it. It was stopped 3/16/2004. How long will it be on credit report?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 3, 2013

7 to 10 years depending on which kind of bankruptcy you filed. Even when you dismiss a bankruptcy like this it can still be reported.

A chapter 7 stays on there for 10 years from the order ending the case. A chapter 13 stays on there for 7 years.

However, since the was over in 2004,...
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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I have charge cards bills adding up to $12000 do I do a chapter 7 or 13?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 3, 2013

The amount of debt is not the determining factor for you. The question is whether you have assets and whether you make too much money to file a chapter 7. In a chapter 7, you get to keep only what is exempt under the state or federal exemptions. The exemptions in PA are limited, so if you have a... View More

1 Answer | Asked in Estate Planning for Georgia on
Q: Can a sibling file suit againt other siblings for back taxes on a family house she is staying in when she's the executor?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 3, 2013

You do not provide enough information to know what is really going on here. The person who died - did he or she have a will? If so, what did it say about the property? If there was no will, then the property would be inherited by the dead person's spouse, if any, and children. I assume... View More

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: How do i respond to a praecipe to file comlaint?

I won a judgement against my previous landlord in small claims court in Philadelphia county and his lawyer filed an appeal and also a "praecipe to file complaint" within 20 days. How do i respond to this filing

Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 24, 2013

I suggest that you get a lawyer and have the lawyer draft a proper complaint.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: We are trying to purchase my grandparents house wo a realtor Is it necessary to hire a lawyer for the purchase agreement
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 24, 2013

No but its a good idea. You will need a lawyer to draft the deed anyway so I would consult with a local real estate lawyer who practices in the county where the land is located. Who is the seller?

1 Answer | Asked in Bankruptcy for Georgia on
Q: Do i need a lawyer to file a motion to order avoiding lien
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 24, 2013

No one "needs" a lawyer. I don't "need" a plumber to fix a leak faucet or a doctor to do surgery or a CPA to do my taxes. However, I am not a plumber, doctor or CPA and I have enough sense to know when I need to get professional help.

People don't need lawyers...
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1 Answer | Asked in Bankruptcy for Georgia on
Q: I am nearing the end of a Chapter 13. my home has a Fifa on it from one of the creditors what can I do to get it removed
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 24, 2013

Bankruptcy will wipe out any judgments and writs of execution (that is what a FiFa is) if you file a motion in the bankruptcy court to avoid the judgment lien. The lien can be avoided to the extent that it impairs your exemptions. This is something you should be discussing with your bankruptcy... View More

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