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David Merbaum’s Answers

468 total


  • What's the quickest and best way to get out of current house? Deed in lieu? Stop paying & let them foreclose, short sale?

    Bankruptcy discharged three years ago. House not reaffirmed. Have made on time payments to mortgage companies. First and second mortgage. Stopped paying second in Sept. 2015. Want to buy a new house. Names still on deed. We want to get away...

    David’s Answer

    A lot of questions but you need to figure some things out yourself. What is the house worth, what do you owe, is the bank (or both lenders) willing to do a short sale, what kind of shape is the house in, if you allow a foreclosure will you be able to get financing for a new house. Answer some of these yourself and then perhaps you should seen attorney or even a financial advisor.

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  • What Are The Proper Appeal Procedures To Follow (i.e paperwork) In Superior Court After Appealing A Magistrates Court Decision

    I lost a small dollar case in magistrates court as the defendant. I filed an appeal in Superior court. My question is, do I need to file a defense to the original case and or a brief to the Superior court or just show up with my defense? If I req...

    David’s Answer

    the case is heard over in total and the plaintiff cannot collect at this time since you appealed. the other attorney is right that these appeals move to the top of the line, however if you want discovery I would file a motion to ask for it. I really never understood why you lose the right to conduct discovery just because you were in magistrate court first. Its not supposed to be trial by ambush so if you need documents or need information, file the motion for discovery and explain clearly to the court why you want it and what you want. Good luck.

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  • What type of lawyer should we seek and do we have a possible case with this issue?

    i have concerns regarding the sewage drainage at the company i work for. Because the sewage drainage overflows and smells horrific, this is an inconvenient location; our housekeeping supplies and equipment are stored in the area also. Although we ...

    David’s Answer

    Your boss should complain to the landlord if it is leased property. Otherwise this is an issue between you and your boss and you should tell the owner of the company that the working conditions are not acceptable. I cannot imagine why the owner of the company would not want to fix the problem I really do not see the need for an attorney right now.

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  • What do you suggest? The property management complained about an expensive part that was replaced and still not working

    I been having issues with my heat for almost two months, my complex had two maintenance men a one outside professional that claim they fixed unit, I had no issue the first year I lived here but they won't compensate me for my suffering or stress. ...

    David’s Answer

    the landlord has the obligation to make repairs including to the HVAC, however you have no control over how cheap he wants to be. If it breaks again, then the landlord will learn the old adage penny wise and dollar foolish. As to your claims, unless somehow you did not get full use of the unit and can prove the diminished value of the unit, you really have not been damaged. if it still does not work and the L is not taking steps to fix it and you have given notice then you can exercise your right to repair and deduct or sue the landlord for breach of the lease for failure to repair...however avoiding litigation is always preferable

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  • Do I need to go to small claims court and will I be able to get my money this way? What charges can I hold?

    Hello. I worked a haunted house in Milledgeville, GA with a man that is an entrepreneur, and I signed a legal contract (which he has the copy, but I have more than three witnesses), saying I would be paid 1050 flat. He gave me the checks (350 and ...

    David’s Answer

    I would send a bad check letter and if he does not make good file suit in small claims court. You may also want to contact the department of labor or think about criminal charges for issuing bad checks.

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  • Do I have to pay even though they broke the lease.

    I was evicted because owners wanted to move in. I was given 60day to leave. In our lease it stated we're awarded a minimum 30 days and 1600 dollars. They offered the 2 months to be rent free instead of the allowance. I turned the keys in 28 days e...

    David’s Answer

    If there are damages the landlord needs to show how they are arrived at. Did you have a final walk through? Do you agree with the damages. If not, sue them in small claims court.

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  • Does an affadavit of non-payment extend the 90 day timeline to file a lien against the property?

    After new house construction, final payment stopped when foundation leak was discovered. Builder filed affadavit of non payment but has refused to appropriately fix the problem.

    David’s Answer

    No it does not. However keep in mind that if the party that is owed the money fails to file a lien, they can still sue you for breach of contract and if they win they will have a judgment lien on the house.

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  • My landlord refuses to give my deposit back and I gave 30 days notice no repairs have been made 60 days what are my rights

    My landlord refuses to give my deposit back and I gave 30 days notice no repairs have been made 60 days what are my rights

    David’s Answer

    You need to provide more facts. Is there a written lease. Are you on a month to month or no lease. Have you vacated? Cant answer the questions until we know more facts

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