Tanya Patrice Dwyer's Answers

Can I (tenant) break a lease if the house I just moved into is infested with brown banded roaches?

The law, and I believe this is true in Arizona as well, requires rental homes to be clean, safe and habitable. I do not practice in Arizona, but that's a pretty standard complaint with a pretty standard response. An apartment infested with roaches is not safe not clean and not habitable. That's normally a good enough reason to get out of a lease. You have to prove it though. This is merely my opinion, not legal advice. If you really want to get out of the lease and have your money...

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I'm behind 1yr. on my mortgage i just recieved a letter to go to court for a settlement coference is that ok to go to and why?

As to the worth of your home and the merit of saving it, that depends. What are you willing to do to keep it? If their is a second lien, bankruptcy can strip that second lien away. Technically, since bankruptcy discharges unsecured debts, and the second lien is no longer secured by the value of the home, it can be discharged easily. Bankruptcy can also discharge credit card and medical bills. If getting rid of a second lien, credit card bills, medical bills, and the like will make the...

I'm behind 1yr. on my mortgage i just recieved a letter to go to court for a settlement coference is that ok to go to and why?

A settlement conference is required in New York when a lender admits that the delinquent mortgage involves a sub-prime/alternative loan. Go to the settlement conference knowing what you want. Do you want to keep your home? Or are you willing to start over somewhere else? Have you considered bankruptcy or something else that can improve your income stream and make the mortgage affordable? If you have someone look at your mortgage documents, they may be able to find irregularities that...

Can you tape and record a coversation between tenant and landlord that i am trying to evict in new york

New York requires that at least one person in the conversation be aware that it is being recorded for it to become evidence. All parties to the conversation do not have to give their consent.

If i go bankrupt will i lose my home

I believe Illinois has a homestead exemption law that will protect your home. Keep making the payments and you will keep your home after Bankruptcy. There are several exemptions under bankruptcy law that will allow you to keep various assets. Speak to a local bankruptcy attorney to make sure that everything is filed and declared property so that you keep all of your exempt assets, especially your home. This is not legal advice.

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Deficiency Judgments with Short Sales

That's not a good short sale for you. An attorney may have better luck negotiating the deficiency issue. It's my understanding that banks rarely seek the deficient amount after the sale is complete. A foreclosure will be costly for the bank (insurance, attorney fees, etc.) so they should be open to discussing a more successful short sale. It helps if there are weaknesses in the mortgage documents (again, a professional can help you with this). You also may be able to declare bankruptcy in...

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What do I have to do to get people who are not on the rental agreement but living at my house to get out

Start with a written letter asking them to leave. This will be good evidence if you take them to small claims/housing court. Certified mail is great. E-mail is also good if there's an active e-mail account. If they still won't leave. Pay the court fee and take them before a judge. Under common law they are month-to-month tenants, so you can ask them to leave for any (legal) reason. This is not legal advice, merely my opinion about common law principals.

Behind mortgage 90 days..due to husband's business slowdown..can we save out home from fclosure?

Foreclosure is a time sensitive proceeding. Here are some cautions (not legal advice). 1. Lenders will take your money and continue with the foreclosure sale. 2. Once you have that 90 day notice, it’s time to talk to the judge, not your lender. 3. Put your mortgage payments in a separate bank account, and answer the summons (answer the court, not your lender). Please, note that the following is not intended to be legal advice. Furthermore, there is no attorney-client...

How can I stop the harrasment of a collection agency that is trying to get me to pay 50% of a $400 debt that I do not owe?

It may be fraud. One way to find out is to report them to the better business bureau. Another way is to contact your states Banking Department (every state government has such a department). Banking Departments are always interested in finance scams being carried out on their residents. This is an opinion, not legal advice.

How can I get a student loan that is in collects at fixed rate so that I can actually pay the loan off.

Bankruptcy is one option. Chapter 7 won't discharge student debts but it can get rid of other consumer debts so that you can make hire monthly payments on the student loan. Chapter 13 is a repayment plan created according to your ability to pay over 3 to 5 years. If you have steady income, Chapter 13 may work well to lower the total amount you pay as well as the monthly payments. This is not legal advice. Consult with an attorney in you area regarding your case.