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Patrick Walter Begos

Patrick Begos’s Answers

83 total

  • Can we send summons thru electronic mail ?

    I had this general question. If you are not able to track the other person's address to send the summon thru regular mail, but have their electronic mail address. Is it possible to send the summon thru electronic mail rather than going thru pu...

    Patrick’s Answer

    Not without a court order.

    Service of a summons is a very technical affair, and it has to be handled in one of the specific ways outlined in the court's rules (and these rules can differ from state to state, and court to court). NY does not allow service of a summons electronically.

    If, however, your process server has diligently tried to serve the summons in one of the permitted ways, but has been unsuccessful, you can make a motion to have the court permit some other form of service. In the past, this has often meant publication in one or more newspapers (Ironically, this kind of service would be OK even though no one expects a defendant to actually see a publication in a newspaper). There's no reason why a court could not order service to an email address, but it would probably order some alternate modalities as well.

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  • Have two homes one in ct, one in va. va home paid off. If ct home forclosed is va home safe.

    relocated to va after trying to sell ct home for 8 months, Paid cash for va home.

    Patrick’s Answer

    There's a CT piece to this and a VA piece. I can answer the CT piece.

    If the current value of hour CT house is less than either the appraised value of the house or the price generated at a foreclosure sale (plus expenses, etc.), then the bank can get a "deficiency judgment" against you personally for the difference.

    That deficiency judgment is like any other judgment, and the bank can attempt to collect it out of whatever property or cash it can find. Presumably a house in VA in your name wouldn't be too hard to find.

    Generally, it's pretty easy to take a judgment from state A and enter it in state B; sometimes there can be some hurdles, but nothing insurmountable. You might want to ask a VA lawyer 2 questions:
    1. Is it difficult for a judgment creditor to enter a CT judgment in VA
    2. Are there any VA laws that would prevent a judgment creditor from enforcing it's judgment against your VA house (I'd be surprised if there is such a law, but you never know)

    It may be far cheaper for you to attempt to avoid a deficiency judgment in CT, than to fight enforcement in VA after one is entered.

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  • Do I need an attorney to protect myself from getting sued in small claims?

    A friend gave me a large sum of money to invest in a project. The project failed and the money is gone, but now they are expecting me to pay them back. There was no documentation of them ever giving me the money, how it was to be used, nor is th...

    Patrick’s Answer

    It's really a matter of economics.

    First, you mention small claims court, but a "large sum" of money. Suits in small claims court are generally limited to modest sums (I don't recall the amount, but $3-10K), and have simplified procedures to make it easier for people not to use lawyers.

    You're almost certainly going to end up with a better result with a good lawyer (meaning you will likely pay the other person less with a lawyer than you would without a lawyer). However, you have to pay the lawyer to acheive that result.

    If the claim is $3,000, go for it -- there's not much down side. If the claim is $100,000, then a lawyer could very well save you significanly more than he's going to cost. Obvioiusly, nobody can guarantee any particular result, especially without digging into the facts and the claim, so this is a general guide based on experience, rather than a recommendation for your particular problem.

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  • What are the best defenses for opposing a foreclosure summary judgement? What is the success rate in doing so?

    Would like to oppose this but don't know how to begin.

    Patrick’s Answer

    Those questions cannot be answered without having an opportunity to review the facts of your particular case, including the details of the loan being foreclosed, who is the foreclosing party, etc.

    You'll really need to consult with an attorney and let him or her review your case

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  • How should you respond to a foreclosure summary judgement? Can I apply for programs while in mediation?

    Never thought we would be in this situation but now that we are we want to get out of it QUICK but that is impossible. Mortgage companies know how to drag their feet resulting in you owing even more money than you did originally. The whole syste...

    Patrick’s Answer

    You ask about responding to summary judgment. It is vital that you oppose that motion if you have any defenses to the foreclosure (and if you don't know of any defenses, you should absolutely consult with a lawyer about it).

    We find that many clients think that, as long as they are talking to someone at the mortgage company, or engaged in the mediation process, that they don't have to deal with any of the other events that are occurring in the foreclosure case. This is not true, and you can lose substantial rights by not dealing with the foreclosure while discussions are going on. The foreclosure process can be highly technical, and it is very difficult to handle it on your own.

    My partner, Christopher Brown, is very experienced in defending foreclosures (see link to his bio, below). Whether you talk to him, or someone else, you should talk to someone as soon as possible

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  • Looking for a Lawyer with experience litigating against floor retailers and mills

    About 5 years ago we did a major Kitchen, Family Room, Laundy area and first floor bathroom re-do. GC used a flooring retailer he knew. Turns out the wood was stored improperly and about 4 months ago we noticed powder post beetles. Long story shor...

    Patrick’s Answer

    We handle residential and commercial construction disputes (among many other types of commercial litigation) in CT.

    I think you will have a difficult time finding an experienced attorney to take this on a contingency fee. Construction disputes are rarely simple. Just as one example, and without knowing anything about your case than what you wrote, I would suspect the GC and flooring retailer would dispute the assertion that the wood was stored improperly, and that the beetle infestation was due to whatever they did or didn't do 5 years ago. If that issue is disputed, it would likely require a trial, and expert testimony (on flooring storage and beetles), to resolve.

    I am happy to consult with you (on an hourly basis) to discuss the facts and issues in more detail, and to give you a recommendation about what your best course of action may be.

    For more information about us, you can go to our website - the link is below

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  • In need of legal representation in NYC - Employee Whistleblower Retaliation.

    Employer failed to protect employee against retaliation for reporting activities that were unlawful and harmed the public’s interest, and not compliant with organizations Standards of Conduct policies, laws and regulations governing business. Empl...

    Patrick’s Answer

    We handle all kinds of employment disputes in NY (and CT), including retaliation claims. You can contact me and I'll get you in touch with the right person to discuss this.

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  • Buying a short sale. A credit card has placed a lien. Can't they just garnish wages or go after sellers bank accts instead? Ugh

    Home has three existing liens, 1st-3rd mortgages and now AMEX has placed a lien. Seller may refuse to pay it. I don't want to have to fork over more money. Besides the 2nd and 3rd liens probably would object. Looking for a way to get this done...

    Patrick’s Answer

    The credit card company can pursue whatever remedies it is legally entitled to pursue; if it has a judgment against the seller, it can place a lien on the property. Of course, you should have your lawyer evaluate whether the credit card company has a valid lien.

    If it does, it becomes a negotiation between you, the seller, the credit card company and the other lienholders. You want to pay only $x, which was enough to satisfy the seller and the 3 existing lienholders. Now the 4th lienholder wants something. You might persuade it that the house is far enough underwater that it should release its lien for nothing. You might also persuade one of the other lienholders to give up something so that the credit card company can get enough to release its lien. Or you might persuade the seller to kick in some money. Or you kick in some money. Or you walk away.

    It's like any other negotiation, except there are 4 or 5 parties instead of just 2. It all depends on who has enough leverage to get someone else to move enough for the deal to get done.

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  • Protection of assets

    I have two homes, 1 I have tried to sell numerous times over the past 3 years. I have a primary and a secondary on it which puts it under water...the secondary is a variable rate and the renter I have in there is about to leave (he has not been p...

    Patrick’s Answer

    Without a LOT more details, it's not possible to say what is the "best" way to handle your situation, or even to list all the options. But, I can describe our approach.

    1. We would want to hear about all of your assets and liabilities. We want to know current income and expenses, and expected future changes in income and expenses in the foreseeable future.
    2. We discuss what your goals and plans are. For example, do you want to keep primary house or sell it?
    3. We discuss what the potential options are, how much those options might cost, and what they can reasonably be expected to accomplish
    4. We then work out a strategy to get as close to the goal as possible. It can involve litigation, negotiation, etc.The strategy usually gets modified over time.

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  • Can I quit my nanny job without notice if there was no contract?

    I was hired last week as a nanny for a family in NY. Not only is the position not what we discussed, but I feel overworked, underpaid, and even verbally abused sometimes. I want to leave without giving notice, but I'm afraid of the legal ramific...

    Patrick’s Answer

    As you've seen from the 2 previous answers, people's opinions can differ, with 1 person thinking there's a contract and another thinking there's not.

    From your description, the parents would have a basis to CLAIM that you breached a contract by leaving without notice. They might not succeed in that claim, but you would have to fight a lawsuit to prove them wrong. There is almost nothing that someone in your situation can do to GUARANTEE that the parents won't take legal action against you. So don't look for absolutes.

    What you want to do is consider the range of negative consequences, and prioritize them. It seems to me that being kicked out of the house before you have any place to go is about the worst potential consequence. Getting sued in a month, or six, or perhaps never is a less significant risk right now.

    To eliminate the first risk and to try to minimize the second, I would suggest the following: Wait until you have your ride lined up, and talk to the parents shortly before. In your conversation, be honest, and (if you can honestly do it given whatever has transpired) offer to stay for the 4 weeks, or perhaps some lesser amount of time, to allow them to find a replacement. If they tell you to leave immediately, well, you're covered, and your offer to stay will probably constitute the 4 weeks notice the "contract" (if it exists) required you to give. If they ask you to stay, you have 4 weeks of pay while looking for a new job.

    If the atmosphere is such that you could not possibly stay on for another 4 weeks, or even an extra day (and it may very well be the case if there's verbal abuse), then tell them Friday/Saturday, leave, and deal with whatever fallout comes later. No one should stay in an abusive situation out of concern that there might be litigation later.

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