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Richard Albert Luthmann
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Richard Luthmann’s Answers

477 total


  • Can a house be sold while it is in a irrevocable trust?

    Hello, I am the life estate trustee for my mother's home. Her home is in a trust. She is the heir of my father's half. My sibling and I are beneficiaries when my mom passes away. Can a home be sold while it is in a trust? Does the trust need to b...

    Richard’s Answer

    A house can be sold out of a trust. Bring the trust to a lawyer because trusts can be intricate and have unexpected legal and tax consequences.

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  • Sheriff left a piece of paper

    The letters TD #816 are on the paper. What is this? I came home to a small slip of paper under my door. It says my name and to call

    Richard’s Answer

    Hire a lawyer to respond to the Sheriff. Make sure you have all your documentation ready.

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  • I am 7 months late on mortgage that is only in my husband's name. He died 5 yrs. ago. I am on deed. Am I responsible legally?

    Bank says they can't talk to me as I'm not on loan. But I'm on deed. I don't want the house; I've struggled as it is. Bank sent me 4 debt collect. letters all in one mailing. I responded by requesting copy of loan which they sent me. It shows ...

    Richard’s Answer

    Hire a lawyer. The bank may accept a certficate of death or the bank may require you to probate/administer his estate so you have authority to deal with them.

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  • Referee Appointed in my foreclosure case?

    I have a pending foreclosure on a house which isn't my primary residence. It was intended as a summer house, but has since fallen into severe disrepair. I had taken out a Mortgage with WaMu in 2007. 06/13/2013 Bank of America files LP and serve...

    Richard’s Answer

    You should hire a lawyer and fight the Motion for Summary Judgment that they never served you with...You have no legal leg to stand on unless you do that.

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  • In a foreclosure setting, I said that I would accept certain Loan Mod proposal. But I dont know the exact details yet, tricky?

    I said to court that I would accept certain Loan Mod proposal, but what happens if the loan Mod have details that I already told my lawyers ( before the foreclosure conference), that specific details I wont accept it? I said that to my l...

    Richard’s Answer

    • Selected as best answer

    You have not entered into the Modification Agreement until you sign it and in many cases pay the first three months of payments. You can tell the Court that the terms you thought you were accepting were not the same as the bank presented.

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  • Hi! I found i big security loop in Google

    Hi! I found i big security loop in Google , and i have contacted Google . This loop can cause milions of dolars in damage and now i want some cash for it because i found it . But in order to find it i had to use that loop 1 time .Can i make a deal...

    Richard’s Answer

    You must avoid the crime of extortion on your dealings. Your best bet would be to contact a lawyer immediately to discuss the issue and devise a plan.

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  • Do i need a real estate attorney and can I sue?

    I purchased a home in 2006 through Bank of America. I declared ch. 7 bankruptcy in 2007 and included the home in bankruptcy. Since then, BOA sold the mortgage debt to Ocwen Loans and I've tryed to clear my name from the deed via deed in lieu. How...

    Richard’s Answer

    Make sure to hire a lawyer and have that lawyer send a Fair Debt Collections Practices Act notice to the debt collector. You can sue under that statute. Also, check your title insurance to see if you have coverage for this item. If you do, the title company is responsible for defending you and clearing the cloud on title.

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  • As Durable POA for my mentally incapacitated Aunt are we legally allowed to request a copy of Will from Attorney?

    We have already asked attorney and she said only my Aunt can request that. But she has severe dementia and is in Nursing Home and we have power of attorney.

    Richard’s Answer

    If you have a valid power of attorney and the principal is incapacitated, you have a right to review all documents. Depending on the circumstances, you may need to petition the court for rights under Article 81 guardianship is there is no valid Health Care Proxy and/or other documents that would give power to act over the person. But with the POA, you definitely have the power to act over her property and as a fiduciary, you should review the estate planning. Your next step is hiring a lawyer to make a formal demand upon your Aunt's lawyer.

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  • Judgement on Credit Report

    How can I get it remove it by having the court vacate the judgement?

    Richard’s Answer

    There must be a basis to vacate the judgment. Was it a default judgment and were you not properly served? Even so, after a certain amount of time, you will be unable to remove the judgment.

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  • I am looking to find out how to value a life estate for Medicaid purposes when there are two life estate tenants.

    I am using IRS table r-2 but the value seems high. Can someone point me in the right direction and maybe give an example of a calculation?

    Richard’s Answer

    If you are talking about the value of a joint life estate of two spouses, you should use the multiple value for the younger spouse.

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