Peter Monfore Neil’s Answers

Peter Monfore Neil

Decatur Debt Collection Attorney.

Contributor Level 7
  1. How can I save my jointly-owned and -financed home if my (soon to be ex) wife files individual Chapter 7 bankruptcy, in Alabama?

    Answered 11 months ago.

    1. Peter Monfore Neil
    2. Derek R. Caldwell
    3. Brad Jonathan Sadek
    4. Timothy Scott Owens
    5. Lois R Beasley-Carlisle
    6. ···
    6 lawyer answers

    Your Ex Wife's Ch 7 may be irrelevant to you. The first thing to do is determine if she signed the note. This is the actual contract borrowing the money and is different than the Mortgage. If she did not sign the Note, which is not uncommon, then the bankruptcy won't affect you. Since you are both Grantees on the deed, she is required by law to sign the Mortgage. If she did sign the Note, but the payments are current, you should be able to contact your mortgage servicer and explain you will...

    4 lawyers agreed with this answer

  2. What can I do to make former landowner remove personal items from the land bought from him?

    Answered 10 months ago.

    1. Peter Monfore Neil
    2. Cheryl Rivera Smith
    2 lawyer answers

    send a registered letter to the seller and his realtor reminding him of the contract terms and provide for some period of time to respond, (10 days is probably ok). In the letter state that if the items are not removed pursuant to the contract, you will consider them abandoned and proceed to dispose of them in any manner you see fit. Your other option is to hire an attorney and sue the seller for breach of the contract. The value of the items may impact the route you decide to take.

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  3. In Alabama does a Landlord have to get a house inspected before a tenant moves in?

    Answered 11 months ago.

    1. Peter Monfore Neil
    2. John Crad Hubbard
    2 lawyer answers

    Your issues are covered by your lease and by the Alabama Landlord Tenant Act. You have many issues that need to be addressed and can't be adequately done here. You need to consult and attorney familiar with the landlord tenant act as soon as possible.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I filed divorce in 2008 and thought I was divorced and married in 2011 to another man and found out I wasnt divorce from 1

    Answered 11 months ago.

    1. Peter Monfore Neil
    2. Randy William Ferguson
    3. Matthew Stephen Wisda
    4. Lee Alan Thompson
    4 lawyer answers

    How did you determine that you were not divorced? Are you sure that information is accurate? If you are confident that information is accurate, you should immediately contact the attorney you hired to divorce you. Are you sure you paid him all the fees and filing fees? If so, he needs to fix this problem for you pretty quickly. If you did not pay all the fee or the filing fee, you may be due a refund from him or you may want to pay him the remainder of the fee and get him to file the...

    3 lawyers agreed with this answer

  5. Landlord changed our locks & mailbox key without any notice. Removed our remaining property. What action can we take?

    Answered 10 months ago.

    1. Peter Monfore Neil
    2. Kimberly Michelle Perkins
    2 lawyer answers

    If you were current on your rent, then you had exclusive possession and control over the unit until the end of the month (or whatever the rent term was). Your landlord had no authority to change the locks or remove your property. He has committed the tort of conversion. In addition, you had the right pursuant to the landlord tenant act to leave the premises as they were uninhabitable. I don't know the value of the property you have lost so it is difficult to evaluate whether to sue him,...

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  6. What steps should I take if I feel that I was wrongfully evicted?

    Answered 8 months ago.

    1. Peter Monfore Neil
    2. John Michael Phillips
    2 lawyer answers

    I assume you paid rent weekly. If you paid it on any other day than Wednesday, she would have to let you stay through the week you already paid for. She does have the right not to renew your lease at the end of it's term, but she can't kick you out in one day. Problem is your damages are the amount of lease payments made that you did not get to use. Probably not enough to get an attorney interested unless you have a legal services office in your area. I would call and consult an attorney.

    2 lawyers agreed with this answer

  7. Do I have to serve a eviction notice to someone that started living in my rental property without permission or a contract?

    Answered 8 months ago.

    1. Peter Monfore Neil
    2. John Michael Phillips
    2 lawyer answers

    First, the wife has breached the lease and is subject to eviction. For that you would have to serve a notice. The husband is a trespasser and you can go out to the property, tell him to leave and if he refuses, call the proper law enforcement office, Sheriff or City Police depending on the location. Explain to them he is not on the lease and wife can not let him stay, you want him out. They SHOULD tell him to leave or be subject to arrest for trespass. Sometimes law enforcement does not...

    2 lawyers agreed with this answer

  8. Ex-wife says to quit claim her the house and intends to not pay the mortgage.

    Answered 10 months ago.

    1. John Crad Hubbard
    2. Bryan Scott Brinyark
    3. Peter Monfore Neil
    4. Richard S Sternberg
    4 lawyer answers

    She is blowing smoke. The normal course of this transaction is that she, or her new husband, will apply for a mortgage loan. If approved, the attorney closing the loan will get a payoff of the current mortgage and pay it off with the proceeds of the new loan. You do not need to provide a deed in advance. You can sign a deed and give it to your lawyer who will provide a copy to the closing lawyer. The loan can be closed with the copy. The closing lawyer will need the original to record in...

    2 lawyers agreed with this answer

  9. What happens if the other party in a dispute can not find legal representation?

    Answered 10 months ago.

    1. Peter Monfore Neil
    2. Alan James Brinkmeier
    3. Jacques Tushinsky-Fox
    4. Giacomo Jacques Behar
    5. Cheryl Rivera Smith
    5 lawyer answers

    A party can always represent themselves in court so if there is litigation filed, then the seller can go to court and represent himself as can you. I don't advise this in your case. If you have a lawyer who regularly helps you, i would consult with them. Unfortunately, in my experience, if you go to court with a lawyer, and he shows up without one and then asks the court to let him have time to get one, the court will grant this request and your case will be put off until another day....

    2 lawyers agreed with this answer

  10. Can my soon to be ex-husband evict me from home I quit claim deeded over to him? I have been staying here in lieu of child suppo

    Answered 10 months ago.

    1. Peter Monfore Neil
    2. Tami Lane Augen
    3. Christopher Daniel Leroi
    3 lawyer answers

    Your question requires more information. For instance, have you been separated for 5 years? Why did you QC deed the house to him? Was it part of a separation agreement? Were you ever a grantee on the deed or did he own it at the time you married? What does the agreement say about child support? If there is not separation agreement is there some other agreement in writing about living in the house in lieu of child support? Is there a child support order of any kind? Since you state he is...

    2 lawyers agreed with this answer