You need to figure out what is happening with this property through your landlord as soon as possible. While the bank is not your landlord, if there is a mortgage on the property and it is not being paid, the bank can foreclose on the property. As part of that foreclosure process, the bank will ask... View More

You can file s Chapter 7 once every 8 years. Depending on your income, equity and financial situation, you may be able to do exactly what you propose.

In regards to the bank account, if your brother was on the account as a joint account holder, then the monies in the account will become his sole property.

In regards to the house, it depends how ownership of the house was titled. If your mother owned the property as tenants in common w/... View More

The landlord can refuse to accept payment and continue with the eviction. You could negotiate with the landlord to pay off the owed amount to stop the eviction, but you would need an explicit agreement that the eviction would be withdrawn as part of that payment. Unless you have a valid legal... View More

A first semester property law class in law school could devote a month to this question. On a very superficial level, real property is land, buildings, and immovable structures. Personal property is property that can be moved. Naturally, there are many subtleties and distinctions when one looks... View More

If your landlord and your ex are in agreement he could be released from the lease agreement. However, short of that, there is nothing to make your ex move out of the apartment as he has just as much right to be there as you do.

You are not being evicted. The lease agreement is simply not being renewed. Yes, you still have to pay that final month that you are living in the home.

If you have had an eviction filed against you there will be two hearings. The first hearing is for the landlord to obtain the eviction order. You and the landlord or one of the landlord's representatives will appear before the judge and the landlord will give reason as to why you should be... View More

There should be no need for an eviction if you have already moved out. If there is a hearing date, be sure to show up for that. That said though, if you got a notice of motion for dismissal, that means that one side is attempting to dismiss the case. Contact the clerk of the court to find out what... View More

Yes, because the grantees in the deed took subject to the cloud of the pre-existing mortgage.

Contact the utility companies directly and have the utilities turned on in your name.

Also consider that a landlord cannot turn off your utilities unilaterally to attempt to unlawfully evict you.

No, if they failed to pay the mortgage the house will eventually get foreclosed upon and therefore lost in the foreclosure. So if there is value in the house, it would behoove them to pay the mortgage.

Ill family health and a lost job do not excuse you from fulfilling your tenant obligations under your lease agreement unfortunately. That said, if you can work with your landlord to excuse you from the lease agreement you can be let out early. That is entirely at the digression of your landlord... View More

You can be sued for negligence for the accidents you caused in the truck. If sued, you could assert as a defense that the throttle was stuck open causing the accident but ultimately it would be up to a judge or jury to decide if you were negligent. If there was no valid insurance policy on the... View More

You are not required to have anything to file the case. However, a lease agreement is a good place to start in any landlord/tenant dispute as it shows that there was a landlord/tenant relationship and it establishes much of the relevant facts, such as the amount of rent owed each month, the duties... View More

The eviction process is the only process that allows a landlord to remove a tenant from the property. You do not need to hire an attorney to file an eviction in Indiana. However, if you are not physically present in the state an attorney can file an eviction on your behalf. It would be prudent of... View More

Jared,

I would need to review your Settlement Agreement / Divorce Decree to provide a better answer to your question. If the the Settlement Agreement awards her the house and she is supposed to refinance and/or execute a quitclaim deed to remove your name, then you could file a contempt... View More

The answer is yes and no. The security deposit theoretically covers all damages outside of ordinary wear and tear, unpaid bills and back rent. Anything over the security deposit amount the landlord has to pursue against you in court.

"Cleaning and fixing" is very general. Quite a... View More

First off there is no such thing as 'constructively evicting yourself.' Constructive eviction occurs when a landlord fails to provide or maintain the rental premises in such a way that deprives the tenant of their rights to quiet enjoyment and/or violates the implied warranty of... View More

Your ex-wife could disclaim her interest in the property on her own, leaving you as the sole owner. She would still have to have a new deed drawn up showing that she transferred her interest in the property to you.