Charles F Basil’s Answers

Charles F Basil

Hartford Estate Planning Attorney.

Contributor Level 12
  1. How can I defend an unlimited lawsuit against my LLC in California if I can't afford a lawyer? Lawsuit has no merits.

    Answered almost 3 years ago.

    1. Frank Wei-Hong Chen
    2. Michael Charles Doland
    3. Charles F Basil
    4. Kevin Samuel Sullivan
    4 lawyer answers

    There are only two ways if you want to defend it--hire an attorney or do it yourself. Also, in my state (which is not CA) the owner of an LLC can't represent it, unless he/she is a lawyer. This is because the LLC is a separate legal "person" and you can't represent another person unless you are entitled to practice law (i.e., a lawyer). However as the LLC is near bankrupt it might not matter to you. Even as to your personal liability, I don't really recommend your defending the matter...

    15 lawyers agreed with this answer

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  2. I WANT A KIND ATTORNEY WHO WOULD LIKE TO DONATE SOME TIME FOR A UNFORTUNATE PERSON IN REAL ESTATE LITIGATION IN SYRACUSE .

    Answered almost 3 years ago.

    1. Charles F Basil
    2. Rixon Charles Rafter III
    3. Michael S. Haber
    3 lawyer answers

    Lawyers are highly educated, at great expense to them. Their expertise is what they sell and use to put food on the table and a roof over the heads of their children. You don't sound like a charity case to me. With all due respect, your request is silly.

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  3. Sued by credit card company want to pay them but have lien on house.

    Answered almost 3 years ago.

    1. Charles F Basil
    2. Kent Matthew Miller
    3. Dorothy G Bunce
    4. Tom Arany
    4 lawyer answers

    Keep in mind that judgments bear interest at 10% per year, so the sooner you pay it off, the better. That in mind, you should contact the attorneys who handled the matter to arrange for a payoff. As part of that, when you give them your check you should state in writing that the check is to be held in escrow by them until they supply you with (1) A release of lien; and (2) a satisfaction of judgment. You will then need to record the release of lien in the land records of your town. You'll...

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  4. Is there a way to remove my name from a deed once it was foreclosed on and sold on courthouse steps and judge approved sale?

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Charles F Basil
    3. Henry Repay
    4. Stephen Samuel Messutta
    5. Lawrence M Garfinkel
    6. ···
    6 lawyer answers

    Realistically, in most jurisdictions, your name doesn't get "removed from a deed". What occurs is a new deed or instrumentality of conveyance transplants your ownership interest in the property. This is more for the protection of the new owner than for you, although you would want to make sure you don't get a tax bill or a lawsuit if someone is injured on the property. However if this did happen, you'd have a defense. Good luck.

    8 lawyers agreed with this answer

  5. What are my rights when my business partner files for ch7

    Answered almost 3 years ago.

    1. Brian S Wayson
    2. Charles F Basil
    3. Kristina Elizabeth Feher
    3 lawyer answers

    This is more of a bankruptcy question and you should direct it to a bankruptcy attorney. That said, if you were partners in a general partnership, and if she is filing bankruptcy, naming all your joint creditors, you'll be liable for all of the debts of the partnership on your own. Good luck, and consult an attorney in your area, preferably with bankruptcy expertise.

    8 lawyers agreed with this answer

  6. How can a married woman living in her husband's house get free legal counsel in order to file divorce papers?

    Answered almost 3 years ago.

    1. Charles F Basil
    2. Mary Katherine Brown
    3. Christopher P Norris
    3 lawyer answers

    I'm sure if there are assets in the marriage, the wife can find an attorney who will take the risk to represent her and file, as one of his first motions, a motion for counsel fees pendente lite (pending the litigation). As Attorney Brown stated, this is often the case. It sounds like this man has absolutely unequal bargaining power in that he has chosen to dominate the finances of the marriage. Family court is a court of equity, meaning the judge will do what is fair, and it would be fair...

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  7. My high profile attorney failed to turn over discovery (production) evidence to the respondents in my lawsuit

    Answered over 2 years ago.

    1. Charles F Basil
    2. Joseph Jonathan Brophy
    2 lawyer answers

    If you aren't allowed to offer *any* evidence, I can't see why the case is going on instead of your being defaulted. If it was truly the lawyer's fault (I don't doubt you but sometimes there's more than one side to a story), and he failed to observe the minimum standards of a reasonable practitioner in the area, and it causes you harm, then that's the definition of a malpractice claim. As I said, there's more than one side to every story. Why don't you tell your side to a lawyer who focuses...

    5 lawyers agreed with this answer

    2 people marked this answer as helpful

  8. What happens to the money I owe my ex for "equity" in our home now that it's being sold as a short sale?

    Answered almost 3 years ago.

    1. Charles F Basil
    2. J. Thomas Salata
    3. Michael J Corbin
    3 lawyer answers

    If he has a lien on the house, unless he releases it there won't be marketable title, and the closing can't take place. You're in a tough position here, and so is he. You're both losing the house if there's a foreclosure, so the short sale would be better. However, at the time of the divorce, the asset division created in the snapshot of time when you were divorced was in part based on his eventually getting the 25k. He may feel that he was shortchanged then if he doesn't get his money. He...

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  9. I am a real estate investor that buys and sells homes. I do a lot of advertising for buyers so I got many buyers who qualify for

    Answered over 2 years ago.

    1. Charles F Basil
    2. Paul H Begemann
    3. Lawrence M Garfinkel
    3 lawyer answers

    No. RESPA (Real Estate Settlement Procedures Act) specifically prohibit real estate agents and mortgage lenders from giving “things of value” items or services of value to persons (real estate agents, attorneys, insurance, financial planning, taxation and other related professionals as well as consumers, persons in the broadest use of the word, the direct ‘copy and paste’ from the actual text reads “the term ‘person’ includes individuals, corporations, associations, partnerships, and trusts”)...

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  10. Did not get paid for the job i did

    Answered almost 3 years ago.

    1. Charles F Basil
    2. Kevin Burns
    3. Paul H Begemann
    4. Bryant Keith Martin
    4 lawyer answers

    When I read your question, I wasn't sure if you are an employee or an independent contractor (i.e., a subcontractor to a subcontractor). To determine your course of action, you need to first determine whether or not you were an employee. Connecticut uses the ABC Test to determine whether someone was an independent contractor. To be considered an “independent contractor,” an individual must meet all three (A B *and* C) of the following factors: A. The individual must be free from direction...

    5 lawyers agreed with this answer