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Francis N. Soave

Francis Soave’s Answers

85 total


  • I have a lien against a property for 28,66l7, since 2004 with interest accruing at 6% annually. It's now 2010, and I need $$!

    My ex-husband's ex-wife is now living at the property, but the lien is between myself and her, because the property is in her name. What can I do to collect?

    Francis’s Answer

    The documents would have to be reviewed by an attorney, and there may be other liens or mortgages on the property. But in general, the most common method of enforcing a lien, i.e., to collect the money owed, is to foreclose. A lawsuit would most likely be required. When the foreclosure is completed, if there are bidders, you would be paid up to the amount of the lien. If there are no bidders, you would recover the propoerty. At that time you would have to evict the occupant upon the expiration of any appicable redemption period, if any. If there is a mortgage or tax lien superior to your lien, your ownership would be subject to those claims. The answer to your question is complicated, and dependent on the facts including the signed and recorded documents. Meeting with an attorney is recommended.

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  • My elderly mom has diificulty keeping track of finances. will bankruptcy affect Medicare or other health benefit coverage?

    Mom has bee acruing many late fees, and NSF charges, and she is confused to as why. We may need to have her evaluated by MD to determine Dementia issues.

    Francis’s Answer

    Bankruptcy would never affect Medicare or other health benefit coverage. Those plans are not assets, and not involved in the bankruptcy in any way. Bankruptcy has no bearing on qualifying for any health plan.

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  • What should i do when served a motion to set aside order for installment payments?

    Have been paying installment payments for a couple of years. Recently missed a couple of payment (thought I paid). What can I do?

    Francis’s Answer

    Prepare an asnwer to the motion. In the answer, write a response to each statement in the motion. Also include the reasons why you think the installment order should stay in effect. Call the attorney and offer to make up the missed payments. Write in your motion that you made that call and the offer was turned down. File th answer with the court, and mail a copy to the attorney for the plaintiff. Make sure you let the court know you mailed it to the other side. (Proof of Service). You will get a hearing date. Go to the hearing, argue the same points you made in the answer.

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  • Is it advisable to go thru divorce without legal representation?

    legal representation?

    Francis’s Answer

    Only if your case involves NO children, NO assets, NO debt, a short term marriage, and average or below income of both parties, would I advise you might be unrepresented without risk. In that case, if both parties are unrepresented, you agree to fill out pre-printed forms from the court, mutually agree to all terms, with neither party independently preparing any documents, it would be acceptable.

    Otherwise, you need representation by an attorney.

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  • Can I move the minor child that I have limited guardianship of, out of state?

    I have had limited guardianship of a minor child for the last 13 years. She will be 18 in 3 years. My fiance and I are planning on moving out of state with his three children, our shared child, and the minor child that I have guardianship of. H...

    Francis’s Answer

    I wouldn't advise that you make this move without permission of the court. If the parents have voluntarily terminated their parental rights, why haven't you proceeded with a full guardianship, custody order, or adoption? It seems to me there is a step missing. If they have surrendered their rights, they may not be able to contest the move. You should file a motion or petition with the court for permission to take her with you. You might have to open a guardianship in the county where you are moving, and transfer the case there. This is a complicated situation, and there are many factual and legal issues that have to be reviewed, including reviewing the court file going back 13 years.

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  • Can they keep your tax refund if you have a judgement against you

    can they keep your tax refund if you have a judgement against you

    Francis’s Answer

    If you are talking about a creditor garnishing a tax refund, the answer is generally a state tax refund can be garnished by a creditor, but not a federal refund. However, there are two exceptions. A federal tax debt may result in a refund being seized by the IRS and applied to the debt, and unpaid child support may result in a garnishment by the friend of the court to pay the child support.

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  • I am in chapter 7 and want to surrender my mobile home...the question is as to the space lease.

    I am wondering what I need to know about the space rent. I know it will take a while for the mortgage company to foreclose on the mobile home...what is the deal on the Park where the home is kept? Can they kick me out right away? Any special prote...

    Francis’s Answer

    Check with a California licensed attorney to be sure you are correct about the time it takes for the mobile home to be "foreclosed" on. In Michigan, a mobile home does not fall under the foreclosure statute, but under the vehicle repossession statute. So in MI the time available to stay in a mobile can be much shorter. Check the CA law on this! The park must take you through the standard eviction process as would be the case with any tenant of any leased or rented property. So you will receive notice, and an opportunity for a court hearing or trial. You may be responsible for the rent for as long as you remain on the premises, or as long as the mobile remains there and it belongs to you, whichever is the longer period.

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  • What do you do when you get a collection notice on a debt from 12 years ago?

    My husband just recieved a letter informing him he owes on a truck that he actually returned to the dealership 12 years ago, they are trying to get about $3000 from an $8000 dollar debt. Is there some kind of statute that states after so many year...

    Francis’s Answer

    It is more than likely that the statute of limitations is long expired on this debt. Check with an Indiana licensed attorney about the length of the statute. If they are reporting this on the credit report, send a dispute letter to the reporting agency, Experian, Equifax, or Transunion. You also have the right to demand documentation upon which the claimed debt is based. They have 30 days to provide it to you. You should also accuse them in writing of violating the Fair Debt Collection Practices Act, by misleading you about the validity of the debt. See an attorney in Indiana about sending a cease and desist letter.

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  • Not reaffirming a car loan during banruptcy...

    My lawyer checked the option on my (signed) Bankruptcy Statement of Intentions that a car loan debt will be reaffirmed pursuant to 11 USC etc. but we never actually signed anything (with the Finance Company) to reaffirm. If the car is repossessed...

    Francis’s Answer

    The statement of intent is not binding. You can only be sued for deficiency after repossession, after discharge in bankruptcy, if you signed a reaffirmation agreement before discharge, and it was filed with the court.

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  • Can i break my lease if i dont feel safe?

    Yesterday I had the gentleman from across the hall try to open my door. And then he walked away and tried to do the same thing at one of the other apartments in the building. Before I moved in I asked about the other people in the apartment and th...

    Francis’s Answer

    If you are in fear for your personal safety, you should take the steps necessary to assure your safety. If that means moving out, notify the landlord in writing of the reason you are terminating the lease. If the landlord attempts to pursue you in court, your defense would be the apartment is uninhabitable due to the attempted break ins. Have you filed a police report about the incident? It would be an important piece of evidence in your defense if you have.

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