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Ivan Raevski
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Ivan Raevski’s Answers

459 total


  • Legal Separation in NJ

    What is the difference between Legal Separation & Divorce? Can I get Legal Separation in NJ?

    Ivan’s Answer

    as mentioned there is no legal separation in nj. separation would just mean maintaining separate households. for all other purposes you are still considered married

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  • What is New York State law on going after future earnings when you are going through a divorce

    My ex has a double Masters is a teacher and will be working up to principal need to know what is the law future earnings can I go after them?

    Ivan’s Answer

    you should post this question in the NY forum.

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  • When does the statue of limitations in NJ end for a lender to take a house when it has been in foreclosure for 6-1/2 yrs?

    I have a condo in NJ. It has been in foreclosure now for 6-1/2 years. I am still paying the association dues or face being sued. I am not obligated for the debt of the condo since I filed for bankruptcy. The loan has been sold over a few times...

    Ivan’s Answer

    this is a complicated issue, i would need to look at all the facts of your case before deciding if you have a case against the lender. generally speaking the lender has 6 years from the default (date when you missed your first payment) to sue you for foreclosure. If they did not sue you within those 6 years, the statute of limitation may have ran and they will no longer be able to do so.

    you may be able to bring an action for quiet title in the Chancery Division of Superior Court to get a title free and clear of the mortgage. However if the lender has already sued you within those 6 years the statute of limitation does not apply and they can continue with the case. the case may have been dismissed at some point which raises other issues. there may be issues with the chain of title and if the current lender suing you doesn't have clear title you may be able to get the case dismissed.

    this is a complicated situation and you should really at least consult with an attorney to find out what your options are and how to proceed. most attorneys including myself offer free consultations for cases like this. good luck with your case!

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  • Answer to Foreclosure Complaint was Stricken

    My answer was marked contested and sent to Burlington County. Trial Date was set but Plaintiff asked for Summary Judgment and it was granted with my answer Stricken. The Issues I raised were not addressed. The case was returned to the Office of ...

    Ivan’s Answer

    • Selected as best answer

    Mr. Higgins is correct, you should approach this with a mind as to what you want to do with the property. In most foreclosure cases the summary judgment being granted is the usual outcome when the foreclosing party has all the proper documents to foreclosure. So unless you have so clear cut proof of fraud, it is unlikely that the court would vacate the summary judgment.
    there are still many options available however depending on what your final intention regarding the property is. if you want to keep the property you can file for chapter 13 bankruptcy and catch up on the missed payments over a period of several years. If you are just looking to stay in the house for a longer period of time there are options for that as well.
    schedule a free consultation with an attorney to discuss your options.

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  • I live in nj how do I file an extension for a motion I was served I need more time to write up the answer to the motion

    My ex husband filed the motion to try and take custody of my son away we have 50/50 currently and he hates that I am now in a relationship with a women! I need help because I have no money for a lawyer

    Ivan’s Answer

    that is correct, contact your husband's lawyer (or your husband if he is filing pro se) and see if he will agree to an adjournment. Then call the court to see if they will agree to the adjournment. Usually this is not a problem.

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  • Would I have to pay alimony.

    we have been married 30 years we own our house outright we have one son that is 22 years old and graduating college in 3 months we have no debt at all.

    Ivan’s Answer

    you are not providing enough detail to determine whether or not you would have to pay alimony. generally alimony is based on difference in income and lifestyle established during the marriage along with other factors.

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  • Request for review of my Property Settlement agreement to confirm it says that we have no additional liability to each other.

    My husband and I are in the midst of an amicable uncontested divorce. He is filing in Virginia in order to push the process through more quickly. We have no property real or personal to split and no children. I want to confirm that this docum...

    Ivan’s Answer

    you should really consult an attorney prior to signing any property settlement agreement. There are many things to consider and you want to be sure that there are no problems down the road once you sign it and get divorced. since you do not provide any details regarding your agreement, i am not sure anyone can answer your question without actually reading the agreement.

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  • I want to file for a divorce. Can a divorce take place with out going to court? I don't want any contact with my spouse.

    Marriage took place in CA. Currently we both live in NJ, and have for several years since. I do not wish to see my spouse period. We are both compliant with the divorce. Can paperwork take care of this, or is a court appearance mandatory?

    Ivan’s Answer

    you can do an uncontested divorce in which case only one of you will have to attend court. In NJ you cannot get divorced without at least one person going to court. If you have all the issues figured out it will be a fairly cheap and quick uncontested divorce. Most lawyers charge a flat rate for this type of service, usually under $1000

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  • Response to Pressler and Pressler letter: DV letter, SOL letter, or settlement offer?

    I received a letter (not a summons - haven't been sued yet) from Pressler informing me that my credit card account with Chase, purchased by Midland Funding LLC, has been placed with Pressler for collection. The debt is definitely mine. My last pay...

    Ivan’s Answer

    you can challenge the statute of limitations in court however most likely the court will apply the NJ statute of 6 years since the agreement was made in NJ. If you receive a summons and complaint you can file a motion to dismiss based on statute of limitations.
    If you decide to make a deal with Pressler, make sure you get a written copy of the agreement signed by both parties before you make any payments. the agreement must state that they are accepting X amount of dollars to settle the account in full and will dismiss any claims with prejudice upon your payment.
    Of course you are likely to get a better deal if you have an attorney represent you. This might make economic sense if the amount of debt is large enough to justify paying for an attorney.

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  • WIsh I didn't need to consider chapter 7 but I wonder if thats my best option. I'm 61, husband is 70. We both lost good jobs

    years ago. Between credit cards and our mortgage, we owe more than we make. I just finished breast cancer treatment and now there are medical bills. I had to buy health insurance which is not affordable but I had to have it. Husband had simult...

    Ivan’s Answer

    sounds like chapter 7 may be a good option for you to discharge your debts. however a lot depends on the amount of equity you have in your home. If it is above the exemption limit, you might have to consider filing for chapter 13 bankruptcy to be able to keep your home and discharge all the unsecured debt (credit cards, medical bills, etc.)

    either way you should schedule a consultation with a bankruptcy attorney to review your options and decide what is best. many attorneys including myself offer free consultations. without reviewing all the facts it is difficult to determine if chapter 7 is your best option

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