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Jonathan H. Stanwood

Jonathan Stanwood’s Answers

94 total

  • Mortgage Foreclosure, PA. Multiple persons as defendants. Plaintiff filed Summary Judgment. One defendant responded. Granted????

    Judge granted Plaintiff's Motion for Summary Judgment. Judge cites PaRCP 1035.3(d) - failure to respond. HOWEVER, One Defendant DID RESPOND!!!!!!! The responding Pro se defendant cannot represent other defendants, and is not in con...

    Jonathan’s Answer

    Not a motion to open (or reopen) Because the court has ruled, you basically have two options:
    1) Motion to reconsider based on what you say - that one defendant responded; or
    2) Appeal to the superior court.
    You may be required to do both in order to preserve your appellate rights.
    Also, what is the exact language of the order that the court signed? Only that it's granted based on rule 10359(d)? Was the response properly filed, docket and served?

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  • Would this be considered preferential payment if the money was never a loan?

    My sister asked me to help her invest in a stock for $50,000 in 2013 because she is unfamiliar with investing. She wrote me a check and I placed the order for her in my personal brokerage account. A year later, she wanted to sell the stock and too...

    Jonathan’s Answer

    Wow, what a question. You get your day in court if you disagree with the trustee. And there are other issues to sort through. First, you say your sister is not a creditor - perhaps - so you were holding the funds in trust for her? The court could hold a hearing where you could present evidence to support your position. You also have a right to appeal if the court rules against you (however reversals are statistically rare.
    If you were to wait 7 months prior to filing - I assume you are referring to the period required to disclose on SOFA #10a - why pay the minimum to creditors? Why pay them anything? Also, keep in mind that the two year disclosure period is what you must disclose, however many, if not all, trustees inquire beyond that period (based on state law) so don't feel as if the two year period is some magic cushion past which all will be clear. I could probably come up with more things to think about...good luck.

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  • How soon after a quit-claim deed is filed can you file bankruptcy?

    My Mother and Father placed my siblings and I on their house deed over 10 years ago with them on as "in trust". My Mom decided recently due to myself and my sister having financial problems to remove all of us and place the deed in her name only. ...

    Jonathan’s Answer

    I will add to what my colleagues have stated that the statute of limitations on a fraudulent transfer claim is 4 years in Pennsylvania. My guess is that you should have - and I really hate to say should have - filed the bankruptcy first, then worried about the transfer (if even needed) later. But this is just general information, however, and really not meant specifically to your case because I simply do not know enough details.
    The other issue (which may be a benefit to you) is whether your mother, as trustee, had the actual power to re-convey to herself - essentially dissolving the trust? Interesting issues which may be worth evaluating in more detail.
    I think you should consult with an attorney.
    Good luck!

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  • What do I have to do to remove my deceased husband's name from a mortgage?

    We were both on the mortgage. The mortgage company says I have to file a quit deed or warranty deed. Why would I have to do that if we really are not transferring ownership--just taking a deceased person's name off of the mortgage. Which one shoul...

    Jonathan’s Answer

    First, filing a quitclaim deed will not take his name off of the mortgage, so it doesn't make sense that the mortgage company would tell you that. His name will come off the mortgage is if the loan is paid off or refinanced, the loan is modified or the mortgage company enters into a new loan agreement. As for transferring ownership, it's important to know how the deed was titled at the time your husband passed away. If it was as "Tenancies by the entireties," then by operation of law, the property is entirely yours and the obligation is still on the property. If it was titled in some other way, that could result in something different.

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  • What are my options after buying a Judicial Sale (tax sale). There is someone living in the house.

    I bought a house from a free and clear tax sale in Luzerne County. What are my options when there is someone living in the house? If that person has a lease, do I still have to honor the lease or can I evict the person living in the house?

    Jonathan’s Answer

    Your purchase hopefully divested all rights and obligations of any prior owner(s), so the right to receive rent and the obligation to provide housing to a tenant should be expired. The short answer is that you have to eject the occupants via ejectment action.

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  • Should I pay a guy rent who claims to be power of attorney?

    homeowner lives in another state. Not sure if I'm being told the truth.

    Jonathan’s Answer

    I agree with Ms. Young and would say do not pay until you perform a little due diligence, for example:
    1) request a copy of the POA and make sure that it's a legitimate, notarized document (signed by the landlord). Notaries in Pennsylvania can be easily researched on the DOS website.
    2) Request that the lease be modified meaning signed by the landlord to reflect that payments will be made to the POA
    3) Check property records to confirm who the actual owners is and reach out to that person to confirm that the POA is legitimate. It's like when a merchant requests your ID when you use a credit card - it protects you (and in this case, the landlord).
    Good luck

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  • Are joing bank accounts held by spouses in PA presumed to be “tenancy by the entireties” and therefore exempt from execution?

    Our Family has 2 attorneys on each side of the issue. Our married friends keep money in an account together and they arent sure if they have to do something special or the account simply being "joint" titled is enough to keep creditors of one spou...

    Jonathan’s Answer

    • Selected as best answer

    I agree with what my colleagues have said, but I would add another important point which I have seen: A creditor has a judgment against one spouse and levies on a joint account. The bank often will freeze the account pending the non-debtor spouse's 'property claim' or some proof to the bank that it's a joint account (like a marriage certificate that predates the account). Ultimately it should be found to be exempt, but the freeze on the assets can occur.

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  • Is it illegal that the landlord to charge us an extra month after we move out?

    My husband and I signed a one year lease last Aug 4th and according to the lease term, the lease shall automatically renewed for another lease term. But the lease said nothing about early move out. For some reason we need to move out and we notifi...

    Jonathan’s Answer

    It's not possible to answer this accurately without reading the entire lease but it sounds like the lease renewed automatically for one year. If so, then you are in the property for another year and you broke the lease when you moved out early. This may be the basis for the extra charges

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  • How can I get my money back for a home loan modification scam if the people are from another state.

    I was in the process of getting my home loan modified through my mortgage company and another company contacted me about the modification. They stole over $1,000 out of my bank account. I am from PA and they are from CA. How do I get my money back?

    Jonathan’s Answer

    You may consider contact the Attorney General in Harrisburg. There may have been other complaints against the company or other assistance they might provide.

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    Jonathan’s Answer

    Among other things, you need to have the will probated. Take the will, the death certificate and your checkbook to the Register of Wills to get started. Do it as soon as possible to avoid further accruing inheritance tax penalties and interest.

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