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Kevin William Gaughen
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Kevin Gaughen’s Answers

10 total

  • Building in Boston with a billboard sign on the roof. I need legal advice on the structure and other aspects. What type Law?

    What kind of law practice specializes in this field

    Kevin’s Answer

    Whether you are building or buying you will need an attorney who regularly deals in two specific areas of law. The first area is real estate law. The reasons for this are obvious. The second area is more important, that area is BOSTON zoning law. Boston has certain unique features to its zoning practices which are not common elsewhere. Obtaining or confirming proper permitting for the billboard will be very important. Find a Boston real estate attorney who deals with zoning matters. All of the large firms have them. As you are seeking advice here, you may be looking for a smaller firm or solo. Look in business law and then drill down with phone calls to find a zoning attorney , by definition such a practitioner should be able to help you.

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  • My wife and I are facing foreclosure with CHASE . I receive SIS Disability because I cannot walk . Can we save our home ?

    We split up temporarily in 2010 but reunited in 2011 . I thought she was paying the mortgage and she presumed I was while we were split up . We have been attempting to work with CHASE since 2011 , but they will not help us out . We got scammed...

    Kevin’s Answer

    This may not be the answer you want to hear, but...
    Ch 13 is an excellant way to reinstate your mortgage and allow you to pay the missed payments over a period of up to 5 years (usually 3). You would generally have to pay the current payment monthly and then would be allowed to pay the arrearage in either 36 or 60 monthly payments. there are some fees and costs associated with the process, but it makes a bullet proof method of making the bank deal with you. Alternatively, you may try a direct modification application with the bank. There is no guarantee with this method and the bank holds all the cards. Your first step is to contact either the state or county lawyer referal service, or contact a Bankruptcy attorney in your area for a consultation. The same are usually free and can give you specific advice tailored for your circumstances. On line help is NOT a substitute for talking one on one with a lawyer.

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  • I rent a room landlord entered without my permission put chemicals in my mattress while i was out for the day.

    found out from other roomer we have bed bugs! getting sick from chemicals and still have bugs! can i tell him he has to replace my new bed will be moving in 2 weeks as well as giving me my deposit back?

    Kevin’s Answer

    There is good and bad news. Most rooming house agreements allow the landlord to enter for just these purposes. However, the landlord must give notice, generally. The landlord must also keep the place in a habitable condition. Bedbugs certainly violate the sanitary code and likely violate your agreement with the landlord. Your first step is to advise the landlord of the continuing prescence of the bedbugs. Next, you may want to call the Board of Health. In certain cases the landlord may be required to put you up at a motel or hotel while the infestation is taken care of. You should also mention to the Board of Health that he has tried to delouse the place once before and didn't replace the mattresses. New bedding is a very good idea.
    MOST importantly, contact an attorney immediately. You may be able to get your deposit back and possible moving expenses or damages.
    Good Luck!

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  • I have been scammed by a company located in Dallas,TX and I live in Massachusetts. Shall I hire attorney from Dallas or Boston?

    I wired a company based in California and has an office Dallas 269,000.00 to a company account (has an account with JP MORGAN CHASE) towards purchase of six containers. I met the guy in the company office in Dallas and we had agreement to wire t...

    Kevin’s Answer

    I regret to tell you that you don't provide sufficient information to give you good advice. You lost over a quarter million. Go and sit down with a Mass. attorney who deals with business litigation first. Such consultations are free (usually) and will provide substantial 'good' information for you to use. It may be possible for you to sue in Ma if there are sufficient contacts for jurisdiction and it certainly will be cheaper. If you cannot, the MA atty. may be able to refer you to someone in TX or CA.
    Good Luck!

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  • "If my name is on the deed to a house along with several other siblings can they stop me from living there?"

    Our parents added us to the deed before they died.

    Kevin’s Answer

    • Selected as best answer

    One of the wonderful things about property ownership is that you have the right to use it, in common with any other owner. Unless they have a court order or written contract preventing you from using it, then no they can't stop you, generally speaking. You have as much right to the property as they do. You truly need to speak with an attorney in your area to discuss this and get an answer which responds to your specific facts and state law. In general, if you haven't signed a lease allowing someone else to have exclusive use of the property, then you will be able live in it with your co owners. You will have to pay your fair share of utilities, etc, but you will be able to live there.
    Speak to a local attorney. Most will give you a free consultation which should take care of the matter without charge to you.

    This advice is not meant to take the place of a consultation with a lawyer in your state. It is not meant to provide legal advice to you. It is solely made to provide you with some insight into your problem and to suggest a resolution for the same for you to persue.

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  • We had land survey and found abutters had bushes half on their land half on ours

    Hi, we just had our land survey and found that our abbutters have bushes in the middle of our plot line. half on their land half on ours. can we remove the bushes that are on our land and install a fence? thanks

    Kevin’s Answer

    Your question has a very simple answer, but it must be explained in detail. YES you can remove the portion of shrubs which encroach on your property. HOWEVER, you also need to make sure that it is indeed on your property.
    Did you have a plot plan survey or an instrument survey? The first is a quick ‘tape and transit’ survey which can be off by as much as a foot or more. If you paid a few hundred dollars for it, it was this kind. Do not rely on it. If you spent several thousand dollars for it, it probably was a full survey which can be relied upon.
    Before you get out there with your clippers and fence poles, you should talk to the neighbor and discuss the shrubs. If you can’t resolve it and had a full survey, then have your fence erected on your property. Don’t encroach on the neighbors.
    If you have a copy of the survey you should have it with you when doing the cutting to show the police who will probably be called. The surveyor should also have left stakes or markers for you to use in siting you fences location. Make sure you know where they are and follow them.
    If there is any problem, contact a lawyer immediately.

    If I can be of more assistance, please do not hesitate to contact me at KGaughen@GaughenLane.com

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  • Do I really need a Divorce Lawyer?

    We've been married 14 yrs., have no children, do not own a house or own any property or bank accounts and we have no debts or credit cards. He has a work truck that was paid in full and we have one car under both our names. He brings up the divorc...

    Kevin’s Answer

    • Selected as best answer

    Yes. It does matter whether you are represented or not. Basically, you seem to be in need of answers to common questions. Most attorneys will provide consultations for one half hour or so for free. USE this resource. A lawyer always can assist you in orienting yourself to the process required for your divorce. He can help you understand what your rights are and what you can do to protect yourself after a longterm marriage.
    As to the house, keep yourself in it until the dvorce is filed and close to being finalised. It is probably the cheapest place to live for you and shouldn't be given up easily.

    Now go talk to a lawyer and get some advice tailored to the laws of Texas

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  • Can a family member working with a real estate agent sell my house for me, including signing papers?

    I am planning on moving to another state. I currently have my house for sale with a real estate agent . I would like to have a family continue selling the house for me, As I would like to move, so I can start work.

    Kevin’s Answer

    Briefly, yes you can. You need to have a power of attorney drawn authorizing the person you chose to do these acts. Generally you will want to consult an attorney to draw the power of attorney and have him act to assist the family member you appoint. PLEASE NOTE a power of attorney is a dangerous document. With it the person you appoint can do any act YOU could do, whether you would want him/her to do so or not. IE they can sell you property and take your money or clean out your bank accounts etc. Be careful to whom you give such a power. Having said that, in the hands of the right person, they can make life a lot less stressful. Alternatively, you can have the documents fedex'd to you to sign in front of a notary where you are working, and then mailed back. Most closing agents allow this type of procedure and it is a safety check for you, if you aren't totally sure of the person who would be your power of attorney

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  • Do I need to seek legal advice?

    We have lived in our modular home for almost 2 years now and the repairs still have not been completed. Our floor is unlevel on one side, the ceiling continues to crack in multiole sections, they finally figured out after one year the sewage smell...

    Kevin’s Answer

    First let me say I am not practicing in NC. Despite that, there are common feature in the tort law of all states. Your question is very easy to answer. Yes, you need to talk to a local lawyer.

    It appears that the contractors and/or the builders of the park your trailer is in have not complied with building codes. Additionally, most state s have warranties of habitability clauses which aply to residences, such as mobile homes. You need to talk to a local lawyr hopwever to get specific local information

    Most lawyers provide free consultations for 30 mins to 1 hour. This is plenty of time to sit down and discuss your case with one. Additionally, if the lawyer believes you have a good claim under your local law, he is likely to take the case on a contingent fee basis. That means that you pay only the costs of the case ( sherriff fees and filing fees), often at the end of the case. The lawyer only gets paid if he wins. This is the way that the courthouse was opened to ALL people, not just the ones rich enough to pay good legal talent to represent them.
    Go out and look for a lawyer. If friends have used one, call him. If not, all state bar associations have a referal service to connect people who need lawyers with lawyers who practice in the special area of law needed.
    http://www.ncbar.org/publicpro-bono/lawyer-referral-service.aspx is the website for NC lawyer referral service. 1-800-662-7660 is there phone number. Good Luck!

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  • House Deeds

    I own a house in NY, living for so many years in Europe. Can anybody change the title deeds to their name without advising me? and If i find out that it's changed, what is the legal action?

    Kevin’s Answer

    Simple response and answer is YES, people can change the titles to property without your knowledge and consent.
    The first way is through fraud and identity theft. Basically the person pretends to be you and has created some form of identification saying that he/she is you. A second method would be through a forged power of attorney. Easier to create and fake, but most professionals now insist on contact with the principal before accepting a deed or mortgage under power of attorney.

    The way to address these issues is to first contact the local police and or states attorney's office. NEXT contact a good attorney to commence a civil action to nulify the fraudulent actions

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