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

    Answered 5 months ago.

    1. Richard M. Kalinowski
    2. J. Leonard Sweeney III
    3. Shawn B Alexander
    3 lawyer answers

    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.

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

    Answered 4 months ago.

    1. J. Leonard Sweeney III
    2. Nicholas William Mason
    3. Steven M Zelinger
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered 4 months ago.

    1. J. Leonard Sweeney III
    2. Nicholas Wright Esq.
    2 lawyer answers

    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.

    1 lawyer agreed with this answer

  5. 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 4 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...

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  6. Can i keep my dog

    Answered over 4 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

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

    Answered over 4 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

  8. Do I trust this situation?

    Answered over 4 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

  9. 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 5 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

  10. 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

    Answered 4 months ago.

    1. J. Leonard Sweeney III
    1 lawyer 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.

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