Skip to main content
J. Leonard Sweeney III
Avvo
Pro

J. Sweeney’s Answers

59 total


  • My wife passed away without a will or life insurance, do I have to sell our home to pay off her debts?

    there is no other money to pay the debts

    J.’s Answer

    The first thing to check is to see how your deed was drafted. Did you take title as "joint tenants with rights of survivorship" if so the house would transfer directly to you upon the passing of your wife. If the house was in her name alone or if you owned the property as "tenants in common" the property will have to go through the probate process whereby all of your wife's debts would get paid out of her estate.

    See question 
  • In the state of new hampshire, once your home has been foreclosed on, how much time do you have to vacate?

    I have been served an eviction notice telling me I have to be out by February 16, 2015. Can that be extended at all?

    J.’s Answer

    Once the house is foreclosed upon you effectively become a tenant and the new owner must evict you just as they would any other tenant. This requires proper notice under the statute and then if you choose to request one, a hearing in the district court.

    See question 
  • I have been renting a house that was going up on foreclosure...someone bought it on a quick sale and they want us out by monday

    can they do that to us or do they have to give us time?

    J.’s Answer

    You are still a tenant under the law and the new owner would have to comply with the States eviction proceedings and Statutes governing Landlord Tenant issues. There is a very detailed method with which a landlord must proceed before being able to force a tenant out of property.

    See question 
  • Family court continuance

    We are 32 days away from final hearing and he files a motion to continue " it has taken some time to obtain funds necessary to retain counsel, the potential counsel has advised the respondent to file a continuance to allow proper time to review th...

    J.’s Answer

    I would agree, I do not think that the advise purported to have been given would be unreasonable based on the circumstances you have described. The prospective attorney probably suggested the Motion to Continue while he/she reviewed the matter to decide whether to take the case.

    See question 
  • I MADE A WILL 5 YEARS AGO; BUT NOW I HAVE NOTHING LEFT AND EVERYTHING HAS CHANGED; WHAT SHOULD I DO?

    I GAVE MOST EVERYTHING AWAY TO THOSE IN THE WILL; BUT SHOULD I TELL MY LAWYER AND SPEND MORE MONEY FOR HER ADVICE?

    J.’s Answer

    I would contact your atty and tell her what has changed. Depending on the changes and what remaining assets you have will determine the path you should take.

    See question 
  • I had my property in Billerica professionally surveyed a few years ago and found that my neighbor's fence is encroaching.

    The fence was installed about 6-7 years ago, and properties in this development are approx. 17 years old. I would like to sell my property within a year and don't want this boundary dispute to prevent a sale or become an adverse possession.

    J.’s Answer

    • Selected as best answer

    You should contact a local attorney as soon as possible to review all of the deeds and plans on record as well as the survey you have had done. This could turn into a serious problem during your sale and could either postpone or prevent a sale. If the fence was in place prior to you purchasing the property you may want to contact your title insurance carrier if you purchased owners title insurance.

    See question 
  • Do I need a real estate attorney ?

    I recently purchased a home in March 2014. I am noticing a lots of issues with the house. There are leaks in more than one place in my home, molding, and other various things.

    J.’s Answer

    Your best bet is to contact a Maryland Atty. who can advise you as to the responsibilities that Sellers have in the State of Maryland.

    See question 
  • If I get summons to show up in court for an unsecured credit card, and I don't show up is it a criminal offense?

    I am a mother of 7,I have nine people living in my house. My husband and I make about $50,000 a year. I have never been in trouble with the law.

    J.’s Answer

    This would not constitute a criminal offense, however you probably will be defaulted and a judgment will issue against you. The credit card company will then have an opportunity to bring you back to court to collect on their judgement and will possibly ask for periodic payments.

    See question 
  • Do ALL other owners of jointly held property have to be notified if a trust is broken?

    3 parties own property as "Joint tenants w/right of survivor." Can 2 married parties quitclaim their 1/3 share to their spouse then ea spouse quitclaim it back to incl both of them now as owners of that 1/3 -- & NOT have to inform the 3rd single...

    J.’s Answer

    This can be done. A conveyance such as this would break the joint tenancy and leave the parties as tenants in common unless drafted properly.

    See question 
  • If you have two homes each with seperate mortgages with the same lender, can you foreclose on one without affecting the other?

    I own a home in TN and a home in GA. Both have mortgages with the same lender. The home in GA I am considering foreclosure because my tenants are behind on rent. Will this affect the mortgage on the home I have in TN? My payments on the home in...

    J.’s Answer

    The answer would depend on whether or not you ever signed a cross collateralization agreement or whether or not there is any such language in the mortgages themselves. Cross Collateralizing allows the lender to foreclose on another property should you be in default on any loans that you have with them that are tied together.

    See question