I went to Toyota dealer and asked about a specific vehicle that is showing online that it’s in transit, so after checking the salesman said that it would arrive on Thursday 29th of Dec, so I went ahead and sold my vehicle on Tuesday the 27Th and got a rental till the 29th and put a deposit 1000$... Read more »
Legally, you may have a case against the dealer. The case is likely not worth pursuing using an attorney. The reason is that the damages you have suffered are minor. You can buy a different vehicle and mitigate your damages. A lawsuit is an expensive thing to pursue and any recovery is likely...Read more »
If the creditor had a properly filed mortgage and money was still owed, the creditor can file a foreclosure action. If the foreclosure does not net enough to satisfy the amount owed, no deficiency can be claimed by the creditor.
Be sure to have a lawyer look at the mortgage and the...Read more »
Which record are you referring to? I assume you are referring to property records. Of course, when the sale is completed, the property records will reflect that the property was sold and who the buyer was who purchased the property at tax sale.
The house has already been auctioned through the the court and the money paid to the courts and lawyers...and the surplus.... after ALL of it was paid has been ordered by the judge to be disbursed to me and only me... But where do I go to collect? Who do I need to speficially contact?
You need to contact the person who conducted the sale of the property. This person may be called a Master, Special Referee, or Judge. There is a form you will need to file to claim the proceeds. The person conducting the sale may have the form for you to sign or you may have to obtain the form...Read more »
Whether the overpayment of unemployment benefits occurred because of fraudulent actions of the recipient may be in the eye of the Unemployment Agency. Generally, SC Code of Laws Section 41-40-10(5) states:
(5) Notwithstanding any other provision of this section, no action to enforce...Read more »
Before Covid, a case the Court would have struck this old. You need to check with the Clerk of Court to see if the case is still active. If you bring it to the attention of the Clerk of Court, the case may get struck.
If the case is struck, that does not mean that the issue is over. The...Read more »
We rented a home with a dock on the inlet for the sole purpose of fishing and water activities but when we arrived, the dock had been torn down and under construction. There is no access to the water due to the construction material along the entire inlet wall. No communication was made to us... Read more »
The short answer is probably yes. If a property is held out to you as including a dock, you have the right to be compensated if the amenity was not available to use. Of course, you will have to prove the difference in the value of the property with the amenity and without the amenity....Read more »
The home is a probate estate home, whereas the tenant is the son (Executor) and heir. The home was willed to the son, but he says that the mrtg lender told him he has no rights to the home because he is not on the deed. Is this true?
You have an interest in the property that went into effect upon your mother's death. You need to contact a bankruptcy attorney who can advise you what would be the best way to proceed. The laws of each state vary regarding what you need to do so the attorney you speak with should be...Read more »
The answer will depend on the type of chapter and discharge you were in. Probably, you would have no personal liability, but, the lien on the property may have survived. Without more information, the answer is unclear.
You need to contact an attorney who understands the law to obtain...Read more »
my mom filled for bankruptcy. i am a cosigned on one of her personal loans. i am not filing for bankruptcy, but my name and info was put on her forms for this loan. after her meeting with creditors, will i have to take over those payments, or will this totally discharge it for me too? and will i... Read more »
If you co-signed on a loan for anyone, you are liable for repayment if the person you co-signed for does not pay the debt. The creditor can and probably will come after you for any amounts it does not receive. Bankruptcy will not keep the creditor from coming after you.
You must give your landlord a reasonable amount of time to repair the oven. You should probably give the landlord written notice if the oven is not repaired within a reasonable period of time, you will make the repair yourself and deduct the amount from the monthly rental payment.
Most lawyers will not consult with someone who is already represented by an attorney. If you feel the need to consult with a second attorney, you should advise your first attorney that you are doing this. Most attorneys do not feel threatened by such a request and actually expect the second...Read more »
The real issue is whether you are on the note or guaranteed the loan. If you did agree to be liable for the debt, then, you would be liable. Usually, if a spouse is not on the mortgage they are not on the note or otherwise guaranteed the loan.
Of course, in any foreclosure, the lender...Read more »
Yes, lender sent me a letter on 25th of February that I was in default for past due paymens and to call them about reinstate amount. I knew what I was past due so I sent a check for 6,437 06 and mailed in on February 28th. I figured once got payment they would send me another letter letting me... Read more »
First, since your check never cleared it would appear that the check was not received. Simply putting a check in the mail is not enough when you are behind this much on your mortgage. You needed to call the lender and make sure that money was received. You also needed to make sure that you sent...Read more »
It is possible that an attorney could file a motion to reconsider and set aside the sale. That is not very likely particularly with the short period of time you have until the sale occurs. You probably need to hire an attorney who is familiar with bankruptcy laws. You may be able to file...Read more »
The answer is a little dificult because the answer can change based upon the facts. The creditor must first sue and obtain a judgment against you. Once the judgment is obtained, it becomes a lien against the property for 10 years. Most of the time the creditor is not going to do any more than...Read more »
The only way to get a UCC terminated is to get the company that put it on to terminate the UCC statement. If the company refuses to terminate it, you can sue the company and get a Court order to terminate the UCC. These are filed in the Office of the Secretary of State and this Office cannot do...Read more »
The estate of a deceased spouse can now claim an exemption for a property used as a residence prior to the spouse's death. What is unclear is how long that exemption can be claimed and how much the exemption actually is worth. The statute that was passed used the original exemption amount....Read more »
The easy answer is if your attorney who represented the debtor is in business, go to him or her. If you cannot find that person, you could contact another bankruptcy attorney in your area and he or she could go online and get the papers for you. They would, of course, charge you something for the...Read more »
The bank has no duty to lower payments. Once the time runs to cure the missed payments, the bank can then take action to foreclose on the lien. If there is a foreclosure, the bank will sell the motorhome and if it sells for less than the payoff, they may come after you for the deficiency.
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