Fred Bopp III's answer I think you mean lis pendens, but in any event, the answer to your question is, as long as the foreclosing bank properly recorded a copy of the foreclosure complaint or what is known as a clerk’s certificate in each registry of deeds in which the mortgage deed is or by law ought to be recorded, then Maine law provides as follows: “Any other party having a claim to the real estate whose claim is not recorded in the registry of deeds as of the time of recording of the copy of the complaint...
Robert Guillory Esq's answer If you are just going for child support you will have to present some information to the court as to what his income is and what your income is. they will also need to know cost of daycare if any, cost of insurance for the child/children only, and if there are any extraordinary medical expenses for the child. With all of that information the court will calculate what the child support will be. if you dont know how much he makes it would help if you at least knew what he does for work.
Robert Guillory Esq's answer The first thing you should do is consult with an attorney in Massachusetts. i dont know Massachusetts law but in Maine people cannot agree to modify child support on their own, it must be done by court order signed by a judge. if you have a court order that says the support drops if you move to Maine then that is what it is. if the court order does not say that then he probably owes you whatever the court order said. Either way you can move to modify the court order in Maine since you have been...
Fred Bopp III's answer From your question, it appears you are a buyer who was ready, willing, and able to close, but your seller ran into a problem with his/her/its power of attorney (which apparently can’t be cured), and that problem is preventing the seller from conveying title to the property to you under the purchase and sale agreement (“P&S”). This would typically be a breach of the P&S, the question now is what are your rights and remedies. Under any P&S I have seen, you will be entitled to get your...
Fred Bopp III's answer Your question indicates that you have a written lease. You will want to review the terms of your lease to determine what your rights and remedies are under these circumstances and then follow the provisions of the lease. In all likelihood, your lease requires you to provide written notice to your landlord describing the issue in a specified manner (the notes you have left on his door may or may not qualify as written notice under your lease) and then he will have a certain period of time...
Fred Bopp III's answer The short answer is yes, but there may be significant consequences caused by the fact that one party started the work before a written contract was in place. For example, under Maine law, "[a]ny home construction contract for more than $3,000 in materials or labor must be in writing and must be signed by both the home construction contractor and the homeowner or lessee. Both the contractor and the homeowner or lessee must receive a copy of the executed contract prior to any work performance."...
Fred Bopp III's answer If his family has not signed or guaranteed the lease, no. Your claim for rent owed would have to be presented to the representative or executor of the deceased tenant's estate. Generally, the deceased tenant’s estate is legally responsible for rental payments until the lease expires or is properly terminated.
Fred Bopp III's answer Assuming this is a mortgage on your home, the financial institution must provide you with a written notice of default and right to cure your mortgage loan default (assuming that the default is for non-payment). The notice must state that you are "in default" and that you have 35 days to cure the default. Being "in default" means that you are behind in making your mortgage loan payments when due or that you have not paid your taxes or your insurance when due. The financial institution cannot...
Fred Bopp III's answer Not at any time, no. Depending on what stage of the process your eviction case is at, your right to request a mediator may no longer be available. For more information, please go to this link: http://www.courts.maine.gov/maine_courts/district/evictions.html
Mediation is also available in eviction actions, which are called Forcible Entry and Detainer cases. A mediator may be at the courthouse when parties come to court on the day of the hearing, or mediation can be requested in...
Answered on Nov 10, 2018
Fred Bopp III's answer Please see the discussion of the Credit Card Accountability Responsibility and Disclosure Act of 2009 ("CARD Act") on page 15 of the document found at this link: https://www.maine.gov/pfr/consumercredit/documents/2015CreditCardpubl.pdf
Also, Maine law does not limit the interest that can be charged on a credit card. Out of state financial institutions are subjected to the interest rate ceilings of their home state.
Fred Bopp III's answer I would need more facts about this situation in order to answer the question. For example, have you been named as a defendant? What are the claims the creditor has asserted in its complaint? is this a consumer or commercial matter?
Fred Bopp III's answer Probate Court decisions may be appealed to the Maine Supreme Judicial Court on matters of law. Here is a website that explains the appeal process to the Supreme Judicial Court: http://www.courts.maine.gov/maine_courts/supreme/appeals.html. I would suggest that you consult with an attorney to assist you with this process.
Fred Bopp III's answer I think the answer, in large part, is going to depend on the language and terms of your condo association documents. You should try to get a lawyer who specializes in condo association law to help you. I can refer you to someone if you like.
Fred Bopp III's answer Yes, you should ordinarily be able to voluntarily dismiss your small claims court action and refile it in the proper court (depending on what stage the small claims proceedings are at). The other option to consider is waiving the amount of your claim that exceeds the small claims court limit ($6,000) and proceeding on your claim in that reduced amount (obviously, your willingness to do this may well depend on the amount of your claim that exceeds the small claims court limit).
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