Erika Castillo’s Answers

Erika Castillo

Lawrence Real Estate Attorney.

Contributor Level 7
  1. My friend wants a divorce from someone in another country. Is it hard to accomplish?

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Erika Castillo
    3. Henry Lebensbaum
    4. Christopher W. Vaughn-Martel
    5. Alan James Brinkmeier
    5 lawyer answers

    It depends on several factors. It is important to know what state has jurisdiction as each state law may vary on this issue. If your friend and her husband were married in MA or if they lived in MA at anytime while married, they can get divorced in MA. If these factors are present, she knows where he lives and has contact with him, she may be able to get divorced fairly easy. If she does not know his whereabouts she can do the divorce by publication in MA.

    1 lawyer agreed with this answer

  2. My fiance has 2 kids from ex-girlfriend and currently owes $800 child support. Once we are married, will this affect my income?

    Answered almost 3 years ago.

    1. Nicole C. Armstrong
    2. Erika Castillo
    3. Christine G. DeBernardis
    3 lawyer answers

    If your fiance is behind on child support, he should make that payment as soon as possible. If he is unemployed, not receiving income and cannot pay his support order, he should seek a modification of the order until he is gainfully employed. If he is in arrears of a child support order, he may be found in contempt of court. The child support order may affect you once you are married or if you live with your fiance. Your fiance's ex-girlfriend may ask the Court to include your income when...

  3. Can I publish song lyrics in my book?

    Answered almost 3 years ago.

    1. Erika Castillo
    2. Marvin Cable
    3. Daniel Nathan Ballard
    4. Esmond Jude Lewis
    4 lawyer answers

    You can quote a song as long as you state who the song belongs too.

  4. Am I resposible to replace security deposit monies on properties that my ex H and I co own that he has spent?

    Answered almost 3 years ago.

    1. Erika Castillo
    2. Christopher W. Vaughn-Martel
    3. Alan D. Walton
    3 lawyer answers

    You need to go back to Probate Court to address the issue of the deposits as soon as possible. It is the landlords' responsibility to ensure the tenants' deposits are placed in an escrow account. If the deposits are not placed in an escrow account, you as a landlord, may be responsible for treble damages. By law the security deposits must be placed in an interest bearing account. Therefore, you must add the amount of interest that should have been earned from the time the deposits should've...

  5. Can a lawyer help tentants whom landlord is going into foreclosure without informing tentant and still collecting rent?

    Answered almost 3 years ago.

    1. Stephen Samuel Messutta
    2. Kent Matthew Miller
    3. Erika Castillo
    4. Carol Lynne Zimmerly
    4 lawyer answers

    You must continue to pay rent to your landlord as long as he is the legal owner of the property. However, make sure you stay informed of the status of the foreclosure proceedings. Always pay your rent with either money orders or checks to maintain a record of your payments in case your landlord losses the property to the bank or a third party. If your landlord is not fulfilling his duties, you may be allowed to deduct a portion of your rent for any expenses you incur as a result.

    1 lawyer agreed with this answer

  6. I received a notice of a hearing on foreclosure has been set for December to be heard by the clerk of superior court.

    Answered almost 3 years ago.

    1. Kevin J. Stanfield
    2. Erika Castillo
    2 lawyer answers

    Go to the court where your hearing has been set and get a copy of all the documents that have been filed. Many court personnel are very helpful and can give you guidance without giving you legal advice. Make sure you file an answer on your complaint once it is filed and formally request discovery on you case. You have time to conduct discovery but it seems the Complaint may not even been filed. Even though, you may not have the funds to hire an attorney, you should atleast consult with a...

  7. Am I still required to pay rent to my landlord if the house has been foreclosed on and is up for sale in a few months?

    Answered almost 3 years ago.

    1. Elizabeth Rankin Powell
    2. David L. Carrier
    3. Erika Castillo
    4. John Gerth Merna
    4 lawyer answers

    If the property has already been foreclosed on, the landlord that signed the lease no longer owns the property and is therefore not allowed to collect rent. If your previous landlord is still holding your deposit you can sue him personally for the return of your deposit. Make sure the property has already been foreclosed. A Notice of Foreclosure filing does not mean a foreclosure has already been done. Check with the Land Court in your county and inquire into the status of the case and find...

  8. Recently foreclosed on my home. i have a second mortgage equity line of credit. can second mortgage company come after me?

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Erika Castillo
    2 lawyer answers

    Your may be held liable for non-payment of the amount you borrowed from both mortgage companies. The first mortgage company may come after you for the deficiency balance; the second mortgage company may sue you for the entire balance. You should contact a bankruptcy attorney as soon as possible. Use avvo to find a qualified bankruptcy attorney in your area that can properly advise you.

  9. A realtor came to my home and offered cash for key. said bank wants me to be out in two weeks and is willing to offer me money?

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Erika Castillo
    3. Gary D. Bollinger
    3 lawyer answers

    If you are interested in taking the bank's offer, you should contact the realtor and negotiate an amout that is fair. Do not take their first offer without negotiating. You have rights as a tenant and a bank can not force you out of your home without going through the proper legal proceedings. In order for the bank to evict you, the must first give you notice and then file a complaint for eviction. This process depending on the state where you reside, may be lengthy and costly for the bank....