David Jason Merbaum’s Answers

This is a potentially a complex issue and you should see an attorney that knows real estate law. There are instances when the first mortgage is foreclosed it wipes out the second mortgage if they are inextricably intertwined. So if the two loans were from the same lender it is possible that the second mortgage has been wiped out. You may also want to see if the sale was reported to the court within 30 days because if not that would wipe out any deficiency claim.

First off the entire deal sounds weird. However if I understand this right, you own a house and some people that had a right to purchase were under a lease purchase agreement. Now they cannot purchase but want to remain. Do not sign anything first off and secondly, why do the tenants have an attorney. Also NEVER never separate title from the mortgage. I would get these people out of the house. See a landlord tenant/ real estate attorney before you do anything else.

Vendors forms are often non negotiable so it will be difficult to make changes that they will accept. However, it is more important that if you do sign on that you understand the risks and terms that you are agreeing to. I would think that some terms that are normally negotiable are the payment terms, interest rate and even warranty terms. However many of these issues are governed by the Uniform Commercial Code which covers the sale of goods. Have an attorney go over the agreements, understand...

I would check with an attorney to find out what claims exist for this - not really sure its libel per se, but it may be libel. In any event, depending on the cause of action may help you determine jurisdiction for this type of claim. I would not think you could sue in Georgia but I would not rule that out without a thorough review of the facts and applicable statutes.

Best thing to do is call the county and the city and find out if they require a license for this type of business.

All of the other answers make sense but I would note that Texas has very strong protection for debtors so depending on her assets and what a creditor can actually get to needs to be evalutated. Call an attorney in Texas, as the rules on debtor creditor rights vary from state to state.

First of all make sure you file an answer to make sure there is no default. However I do suggest you retain an attorney because there are often defenses to personal guarantees, as the prior attorney mentioned, including what is known as the Statute of Frauds which has to do with whether the guaranty is legally enforceable. Once the ansewr is filed, then you can discuss settlement, AFTER you have had an attorney evaluate all of your defenses. If you discuss settlement before you have an attorney...

Missing the date and having a judgment does not mean that you should consider bankruptcy to avoid a debt. I do not know how anyone can suggest that if they do not know how much the debt is and your overall financial situation. Bankruptcy is a very serious matter and should not be take lightly. You did not mention if you were properly served with the complaint which could be a basis for the judgment to be void anyway. Examine ALL of your options by talking to an attorney promplty BEFORE the...

I think you will have to clarify your question in order for any attorney to provide a response. All you need to do to create an affidavit is to make a statement before a notary public and the statements must be based on personal knowledge and of course, you have to tell the truth. You can then use that statement for whatever you want to use it for. Whether it will be accepted for what you want it to be used for is another issue however.

You will get notice of the garnishment which may be before or after the bank account is frozen or your wages are garnished. If there is something irregular about the garnishment (no notice, wrong amount) you can file a traverse and tell the judge. If you have an issue with the underlying judgment, you need to file a traverse and then a separate motion to set aside the judgment in the court where the judgment was entered. See an attorney if you have questions