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Iowa Questions & Answers
1 Answer | Asked in Real Estate Law for Iowa on
Q: Does a loan modification require the signature of all borrowers listed on the mortgage?

It’s a VA loan and I’m the qualifying veteran. The loan requires the property to be my primary residence but she refuses to refinance and take me off the loan. Also I signed a quit claim during the divorce

Anthony M. Avery
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Anthony M. Avery
answered on Aug 31, 2022

All notemakers will have to agree to the modification. However what did the Divorce order? If it required a conveyance and a refinance, then file an action to hold her in contempt. If the VA discovers any breach of the security instrument it might get the lender to foreclose, so be careful.

1 Answer | Asked in Social Security for Iowa on
Q: After applying for *but not having been approved or denied* SSI benefits, are you able to move states?

A friend is currently homeless and has applied for SSI benefits in Tennessee. They have not been approved or denied. They wish to move to Iowa where I live. Will they need to start a new application process, or can they just notify the Social Security Office of a change of address?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Aug 30, 2022

Your friend can just update her address with Social Security when she moves at either the local Social Security field office or by calling the national Social Security number at 1-800-772-1213. Since Social Security is a Federal program, it will carry over when she moves to a new state. There is no... Read more »

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for Iowa on
Q: I filed chapter 7 last year, final. One creditor refused to be notified over phone, called me many times during

All other creditors took filing and attorney info over the phone (call recorded by me). Bankruptcy had been final for a time when the bank in question FINALLY took the attorney's information OVER THE PHONE! While it was happening I researched the number (would not answer it, as it was... Read more »

Timothy Denison
Timothy Denison
answered on Aug 6, 2022

You should sue them or at the very least bring contempt proceedings against them for violations the stay.

1 Answer | Asked in Estate Planning and Probate for Iowa on
Q: My mom died March 5 of this yr and my stepdad died 2 months following,

My sister made it seem to us that she was in control of everything and would not even let me go in my mom's house. Here it is a couple months later and I just found out by that sister that they found my mom's original will and I am the only child on it and her lawyer advised her to walk... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 21, 2022

You need to obtain the original will and hire a probate attorney to help you. If your sister refuses to deliver the will to you, a court can compel her to do so.

1 Answer | Asked in Criminal Law and Federal Crimes for Iowa on
Q: When feds pick up a state case how does that person get appointed a federal lawyer,from their state lawyer

This case is in Iowa. They were state charges, & the feds picked them up and now being held in county jail, & cannot get any information from anyone regarding this inmate. How does someone go about getting a federal attorney appointed when the attorney they have was the attorney appointed... Read more »

Katherine Sears
Katherine Sears
answered on May 22, 2022

Those of us who practice exclusively Iowa law don't necessarily know how to navigate PACER (the federal filing system) let alone how to request the appointment of federal counsel.

Your friend could call the federal public defender's office and see if someone over there knows....
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2 Answers | Asked in Immigration Law for Iowa on
Q: Can we start the k1 Visa process?

I've recently got divorced in Wisconsin which requires a 6-month stay to remarry. Since then I have moved to Iowa that does not have those restrictions on remarrying. I have met a girl in the Philippines while visiting there and we have been dating every since and want to get married. Since I... Read more »

Adan Vega
Adan Vega
answered on May 15, 2022

You must be unmarried to be eligible to file the FORM I-129F petition to begin the process for the K-1 fiancée visa. After the petition is approved by USCIS and the K-1 visa is issued by the U.S. consulate and your fiancée enters the U.S. you can then marry. This process will generally take more... Read more »

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1 Answer | Asked in Bankruptcy, Criminal Law and Appeals / Appellate Law for Iowa on
Q: I feel I wasn’t treated fairly in my hearing what can I do
Timothy Denison
Timothy Denison
answered on May 11, 2022

Appeal or ask for a rehearing.

1 Answer | Asked in Trademark for Iowa on
Q: Does the descriptor in a name trademark matter in regards to confusion or conflict? Within the same TM class.

I would like to use Boundless* Wealth (Boundless is not the actual word*) in class 36 financial, insurance, wealth mgmt. There is 1 other trademark for nearly the same services: Boundless* Financial Group, 5 states away from us, no exclusivity claim to Financial & Group. Is this a conflict?... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 22, 2022

For federal trademark registrations, the existence of a registration for a very similar mark used for similar services will result in a refusal from the USPTO, regardless of whether the prior registrant and the applicant are in different states.

As you note, the portion of the mark that is...
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1 Answer | Asked in Immigration Law for Iowa on
Q: I have a Syrian boyfriend , How can I get a K1 visa him? What’s the process like? I’m a green card holder in the USA .
Stephen Arnold Black
Stephen Arnold Black
answered on Apr 3, 2022

Only a US citizen can sponsor a foreign national for a fiancée K visa. However as an LPR, you can always get married to him and then sponsor him for a green card. He would have to process at the US consulate overseas. The rough wait time for this is about a year and a half to two years.

1 Answer | Asked in DUI / DWI, Personal Injury, Car Accidents and Medical Malpractice for Iowa on
Q: In Iowa can statements made by an individual with serious head trauma and concussion be used in court?

Operator suffered from serious brain trauma in accident and was questioned right after. It was clear operator was confused which was a result of a concussion from the accident. Operator couldn’t recall events of accident for three days after the accident. Officer wrongfully believed operator was... Read more »

Erik Luthens
Erik Luthens
answered on Mar 27, 2022

You need to obtain a professional opinion (expert witness) from a neurologist who can identify how the collision would have affected the injured person’s ability to offer a trustworthy statement (from an evidentiary standpoint).

Erik Luthens

Attorney at Law

Parrish-Sams...
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1 Answer | Asked in Car Accidents for Iowa on
Q: Hit by drunk 3 months ago no medical sought but sore missed work a month of rental lyft etc how do I go for emotional

State farm just accepted liability 3 months ago a drunk they're insured pulled out in front of me t-boned my truck had some bruises and swollen knees swollen ankle some cuts on my leg sore neck but no doctor my company paid for my truck but no rental no nothing State farm I know will pay... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 16, 2022

Since most attorneys who practice car accident/injury law will provide a free telephone or in person consultation, I recommend that you contact a few attorneys who handle these type cases in your area and speak to them directly---you will learn more and receive more information from those meetings... Read more »

1 Answer | Asked in Traffic Tickets for Iowa on
Q: If I’m out of state and need to fight a speeding ticket what should I do? And is there a way I don’t have to show up?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 14, 2022

You should seek a consultation with one or more traffic ticket/criminal defense attorneys in the area/jurisdiction where the ticket was issued----speak to them about your desires and requests in this matter-----it is possible an attorney you hire can appear in Court on your behalf and resolve this... Read more »

1 Answer | Asked in Child Custody and Divorce for Iowa on
Q: Divorce decree states two weeks on two weeks off with the kids. The ex wants only our daughter full time and not son.

I suggested i take both full time and she said no. What do I do?

M. John Riley
M. John Riley
answered on Feb 28, 2022

A petition for modification needs to be filed to change the current custody arrangement.

1 Answer | Asked in Trademark for Iowa on
Q: A question regarding trademarks. I looked at Aveda and it says their registration is cancelled. Can you explain that?

Creating a logo and want to ensure I dont infringe on Aveda. The logo I have, my client wants one of the letters to have a connector line as a circle to create the full letter

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 17, 2022

There are over 20 live registrations for the text mark AVEDA, some with design elements. If you have found a registration that has been cancelled, that does not necessarily mean that the mark is no longer in use by its owner.

You should consult a qualified trademark attorney to perform a...
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1 Answer | Asked in Employment Law for Iowa on
Q: Can my employer make me pay for PTO I used?

I work in Iowa and my employer gives us 120 hours of PTO at the start of the new calendar year. They then state that we "earn" 10 hours every month.

I have used about 80 of my 120 due to medical issues keeping me from work. My employer told me if I quit today that they would: 1:... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 8, 2022

Your employer is permitted to make deductions from your final check, but it is not permitted to make substantial enough deductions such that your final pay falls below your state's minimum wage. For example, if you worked 30 hours per week and earned $500 on your last check, and then your... Read more »

1 Answer | Asked in Criminal Law for Iowa on
Q: I was riding In car with 2 friends and the cops found 260 gr of meth that was the driver's of the car they charged consp

The driver of the car who the meth belonged to won't say its his

Richard W. Noel
Richard W. Noel
answered on Feb 6, 2022

That's called constructive possession. Speak with your attorney about it and see what if any defenses you might have.

2 Answers | Asked in Criminal Law for Iowa on
Q: Once a judge accepts a plea with a certain sentence can the judge change that sentence

The plea was for unsupervised probation, and after the judge accepted the plea changed it to supervised probation, can they do that?

Katherine Sears
Katherine Sears
answered on Feb 4, 2022

In Iowa, where this question appears to have been asked, the judge generally retains the latitude to accept a plea while rejecting a plea offer and imposing any legal sentence. Yes, that would include changing unsupervised probation to supervised probation. If you have questions about this, you... Read more »

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1 Answer | Asked in Gaming and Copyright for Iowa on
Q: Can I rip a Nintendo game, turn it into a file, and use it for personal use, don’t plan on sharing it with anyone?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 25, 2022

Thanks to the "first sale doctrine" in copyright law, you may make additional copies of the work for your own use so long as you do not distribute or sell them to others. The transformative copy you propose would also be permitted, with the same limitation on distribution or sale to others.

1 Answer | Asked in Tax Law for Iowa on
Q: Can my fiance claim me on taxes?
Agustin  Arbulu
PREMIUM
Agustin Arbulu
answered on Jan 25, 2022

This is very interest question and suggests that your fiance wants Head of Household (HOH) status to take advantage of the lower tax rate and higher standard deduction. To qualify for HOH your fiance must:

1. Pay for more than half of your household expenses (such as groceries, rent,...
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3 Answers | Asked in Immigration Law for Iowa on
Q: Eligibility for a transfer of i-485

I have an I-485 adjustment of status pending which was filed through my ex-husband's employment (i-140, EB-2 NIW) (I am a derivative applicant). We applied concurrently i-140 and i-485. Both forms are still pending. We were married for more than 2 years. I divorced my husband and got married... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 12, 2021

I’ll be honest with you; both immigration cases require a licensed immigration attorney. There is no other way to handle it professionally.

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