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William J Mcleod

William Mcleod’s Answers

103 total


  • What do I do about my attorney's unethical conduct?

    After 18 months of working on my bankruptcy case, he changed locations without notifying me and does not answer phone calls or e-mails.

    William’s Answer

    • Selected as best answer

    First and foremost, get thee a new attorney. You don't mention whether your case was actually filed, and if it has not been filed, it's not too late the take action to get you back on the road to the fresh start that you were hoping to get in the first place. If you have filed bankruptcy and have a case pending, you should speak to a new attorney if for no other reason than your present attorney is no longer accepting your phone calls or responding to emails.

    Good luck,

    Bill McLeod

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  • Can a credit card company charge you for account that has been closed 5 years ago?

    I closed my account 5 years ago and paid off everything. How come i still have bills and they ask me to pay. What happen if i ignore this?

    William’s Answer

    You say you closed your account 5 years ago and paid off everything. Have you got proof? If not, it's time to speak to a lawyer. If you do have proof gather your documents - or start getting them from the bank (i.e., old statements, copies of checks, etc.) as well as a copy of your credit report, and speak to a lawyer. By your question, it's easy to see that something is awry, but without more information or documents (and preferably, both), it's impossible to see what you can go about it.

    Good luck,

    Bill McLeod

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  • Bought a primary residence in Hudson, MA in January 2006 for $390 with 100% financing. 2nd Mortgage company is sueing me.

    I bought the house with Chase Home Finance and Citimortgage. The first mortgage is 312K and the 2nd mortgage is 80K. I stopped paying the 2nd mortgage a long time ago in hopes to concentrate on modifying the first with Chase Home Finance. I am...

    William’s Answer

    You don't want to file Chapter 13? Then why do you think you can stop paying your second mortgage? What's your legal and factual basis for paying less than what you agreed to pay? And why should the bank accept anything less than a judgment against you for the full amount?

    Based on the facts you present, the second mortgage can be stripped off in a chapter 13. Do you want to avoid chapter 13 because you have too many assets? That's reason enough for the lender to get a judgment against you and levy your assets. Do you want to avoid chapter 13 because you're afraid of what it will do to your credit rating? If you're already being sued because you have not been paying your second mortgage, then your credit rating has already suffered.

    Bottom line: if you don't want to file chapter 13, I can think of no reason why they would want to settle with you. Speak to an attorney about your chapter 13 options before ruling out whether it is a good option for you.

    By the way, on those requests for admissions: if you don't get a response in within 30 days, the facts will be deemed admitted. Be sure you read up on the rules of civil procedure so you don't get stung by failing to respond.

    Bill McLeod
    McLeod Law Offices, PC
    Boston

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  • What recourse do i have againstfinance company that keeps serving me with a subpoena on a debt that was discharged in banktrupcy

    debt was from the finance company that repo'd the truck. my attorney has sent them the docket # and so has the consable the served me. today i got a civil warrant. i'm sick of this harrassment what can i do?

    William’s Answer

    You say your attorney informed them and they are still attempting to collect the debt? Something is breaking down in the communication chain. Not only might there be a violation of the Fair Debt Collection Practices Act, but there also might be a vioaltion of the discharge injunction you said was entered by the Bankruptcy Court. The only way to determine whether that is the case is to examine the petition and schedules to ensure that the claim arose prior to the petition date, and that the creditor/claim was listed on the petition. Speak to your attorney - if your attorney is not being responsie, find a new one.

    Good luck!

    Bill McLeod

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  • I need help with legal advice.

    I joint a debt settlement program 5 months ago and now one of my account is with the attorney office. The debt settlement company didn't try to settle my debt when they offer for settment at 45%. Now I try to negociate with the attorney office to...

    William’s Answer

    Like the prior commenters mentioned, debt settlement companies are - by and large - a huge rip off. Talk to a lawyer pronto!

    I've written extensively on my blog about debt settlement companies (look under the archives) and I've included a link below to a recent article that's based on the real experiences of my client.

    Good luck!

    Bill McLeod

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  • Do I need an attorney or try to settle this dispute in small claims court?

    A "friend" asked me to sign a loan for him to purchase a 4500.00 lawn mower for his lanscaping business and promised to make all payments. After 6 months of on time payments the loan would be transfered to his name only. I foolishly agreed and a...

    William’s Answer

    The prior commenter is correct - but I'd be also surprised if the lender did not have a perfected security interest in the lawn mower. In other words, can the lender repossess the lawn mower if the loan is in default (which it apparently is). Even if it was reposseed, and you're being sued for a deficiency, you're still responsible for the debt because you signed for it.

    Hiring a lawyer might not be the most cost effective way for you to go. It could send the message that you have the funds to pay counsel, but are unwilling to use those funds to pay a legal obligation. If you are responsible for this debt, talk to the lender about entering into a workable payment arrangement. Then, sue your "friend."

    Good luck!

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  • My mortgage servicer denied my HAMP modification because of a bad credit report.I am eligible otherwise.Is this allowed?

    I received a denial letter from my servicer saying they couldn't approve my application because "denied per investor guidelines" I assume that means Fannie Mae guidelines. They say "our decision was based in whole or in part on information from t...

    William’s Answer

    It's difficult - if not impossible - to answer your question accurately because there are many different facets to the mortgage modification process. I'm not sure what was on the Equifax credit report as there might be something on there that might make you ineligible for a modification (although I couldn't guess what that might be). It is possible that the applicatino was denied for another reason altogether. It is also entirely possible that the denial is in error. It's time to lawyer up. Be sure you retain one who understands loans modifications, and understands all of your options.

    Good luck.

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  • In a Title 7 Lawsuit in Mediation. Am I entitled to lost wages, attorney's fees and emotional/pysch damages?

    I have been offerred money in Mediation settlement but it is only on lost wages. Am I entitled to Attorney Fees and Emotional/Psych damages? This is a Title 7 suit.

    William’s Answer

    Are you entitled to attorneys fees and damages in a Title VII case - perhaps, depending on facts of your case. But the only way you can get an answer to that is to take your case out of mediation through to trial - and run the risk of ending up with nothing at all.

    Remember, once you enter the courtroom and place your case in the hands of a jury (the fact-finder (assuming you can get that far)), you have no control over the result. Mediation is a voluntary process - where parties work together to reach a settlement that everyone can live with. In mediation, generally parties reach a compromise - both agreeing to give a little in exchange for reaching an end result that the parties ultimately control.

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  • I fell behind on my morgage payments and it was turned over to a collection agency.

    I fell behind on my morgage payments and it was turned over to a collection agency who offered to write it off if I payed 10% of the balance owed. When I pay this will it mean I own the house outright?

    William’s Answer

    There's not enough information here to go on. If it's your first mortgage, I agree with the first commenter that it's highly doubtful that 10% is going to let you keep your house outright.

    It's my experience that banks and lenders and doing anything and saying anything to get consumers to pay something towards their debts. Rather than try and go it alone, consider speaking to a bankruptcy attorney who can look over your situation and help you chart a better course of action.

    Good luck,

    Bill McLeod

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  • Will bank's foreclosure of my rental home affect my primary residence if both spouses are working?

    Will bank's foreclosure of my rental home affect my primary residence if both spouses are working?

    William’s Answer

    If the property forecloses and there is a deficiency (meaning the property is sold for less than what is owed), you can expect a claim to be filed against you seeking payment on the claim. Assuming they get a judgment on the deficiency claim, they may then seek payment through a wage garnishment, or may even place a lien on your primary residence. You should speak to a bankruptcy attorney who can help you assess whether chapter 7 or chapter 13 would be the best avenue for you to keep your primary residence, and surrender the rental property.

    Good luck,

    Bill McLeod

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