J. Leonard Sweeney III’s Answers

J. Leonard Sweeney III

Nashua Real Estate Attorney.

Contributor Level 9
  1. How can I reaffirm my mortgage after chapter. 7 discharge of non-secure debt? Never been late in 13yrs!

    Answered almost 3 years ago.

    1. J. Leonard Sweeney III
    2. Lysbeth Goodman
    3. Dorothy G Bunce
    4. Mitchell Paul Goldstein
    4 lawyer answers

    I would contact your BK attorney and ask him to contact the lender on your behalf. Typically there are forms that need to be completed in order to reaffirm. If the debt was discharged in the BK already you may be able to renegotiate the terms. Also if the debt as discharged that may be why they are not crediting your payments with the credit bureaus. There may be no active account left to report on.

    3 lawyers agreed with this answer

  2. Enter your question here. e.g., Do I need a real estate attorney?The bank never sent out an inspecter to the house to make sure

    Answered over 3 years ago.

    1. J. Leonard Sweeney III
    2. Kerry G. Patton
    2 lawyer answers

    I would absolutely contact an attorney in your area. If this was a construction loan that you took out it would be unusual in my experience that the lender would disburse monies without your consent and certainly without an inspection to confirm work was complete. There may have been a breach of the banks fiduciary relationship to you as well. A real estate attorney in your area should be able to let you know relatively quickly whether or not you have a cause of action. This is not meant...

    Selected as best answer

  3. Can i keep my dog

    Answered over 3 years ago.

    1. J. Leonard Sweeney III
    2. Andrew Daniel Myers
    3. Laura Mcfarland-Taylor
    3 lawyer answers

    I would suggest looking at the terms of your lease. That is typically the agreement that would dictate the terms of your occupancy. If the lease does not state that you cannot have a pet you may want to contact an attorney in your area.

    1 person marked this answer as helpful

  4. I have been named a beneficiary in my fathers will. How do I go about claiming what I've been left?

    Answered over 3 years ago.

    1. J. Leonard Sweeney III
    2. Steven J. Fromm
    2 lawyer answers

    You should get counsel here in NH. The will must be probated and the executor of the estate will be mandated to distribute the contents of the estate per the terms of the will. The Court will oversea this and ensure that all parties get what is bequeathed to them under the terms of the will. First thing first though, the Will must be probated and an executor named by the Court.

    1 person marked this answer as helpful

  5. Do I trust this situation?

    Answered over 3 years ago.

    1. J. Leonard Sweeney III
    1 lawyer answer

    I cannot comment on the legitimacy of the Landlord, however if you sign a lease and record it at the appropriate County Registry of Deeds then a subsequent buyer will buy the property subject to the terms of your lease. This is not meant to create an attorney client relationship. You should seek independant counsel.

    1 person marked this answer as helpful

  6. I verbally gave 30 days notice of leaving my apartment. My contract states 30 days written notice. Does that hold up in court?

    Answered almost 4 years ago.

    1. J. Leonard Sweeney III
    2. Ryan Lansing Russman
    2 lawyer answers

    You should look at NH RSA 540:A. This is the law specific to security deposits. Typically security deposits can only be used for repair or cleaning of the premise, not for back rent or loss of rent. That is not to say that you may not have some other legal liability for breaking the lease, but typically they cannot keep your security deposit as a result.

    1 person marked this answer as helpful

  7. Can a landlord (NH) charge late fee if not stated in lease?

    Answered about 3 years ago.

    1. J. Leonard Sweeney III
    1 lawyer answer

    The lease is the controlling document. There is nothing I am aware of in the statute that allows the landlord to collect late charges. I believe that if it is not written in the lease it cannot be collected.

  8. I purchased a car more than 20 days ago at a dealer, who found the financing. I thought the loan was approved.

    Answered about 3 years ago.

    1. J. Leonard Sweeney III
    2. Robert Daniel Kelly
    2 lawyer answers

    I believe in order to best answer your question you should have an attorney review all of the documentation regarding the sale. All of the documents that you signed and that were signed by the dealer should be looked at. Unfortunately I cannot give you more advice based solely on the question.

  9. Can a landlord (NH) charge late fee if not stated in lease?

    Answered about 3 years ago.

    1. J. Leonard Sweeney III
    1 lawyer answer

    The lease is typically the governing contract. I do not believe that a Court would order the late fee if it was not in writing and agreed to as part of the lease. This answer is not meant to create an attorney/client relationship between the parties.

  10. Tenant is being evicted for non payment of rent. How do I respond to the defendant'a answer, affirmations etc..counterclaims

    Answered about 3 years ago.

    1. J. Leonard Sweeney III
    2. Keon Knutson
    2 lawyer answers

    You do not typically need to answer these questions. They will be addressed by the Court. You should have your original demand for rent and notice to quit and they should be signed by the party who served them and notarized. You should have documentation as to your agreement regarding rent as well. The judge should give you both time to ask and answer questions. This answer is not meant to constitute an attorney client relationship.