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Erick J. Bohlman

Erick Bohlman’s Answers

79 total


  • I was just served with foreclosure papers from my bank...is there still a chance to save my home or am I finished.

    was dealimg with a company out of california , national freedom agency, turned out to be a scam..paid money, now no answer from them and day later served papers..called fbi, ftc, and att, generals office( left msg) IS THERE HELP FOR ME. thanks

    Erick’s Answer

    One option would be to file a Chapter 13 bankruptcy. A Chapter 13 will typically allow a qualifying homeowner additional time (up to five years) to catch of on the mortgage. Typically, this will only work if you earn enough money to catch up and to stay current on the future payments. Sometimes, a Chapter 13 can also wipe out second mortgages.

    Please keep in mind that foreclosures are typically slow. Being served with the summons is just the first step. Generally (although there are exceptions), you will have at lease 7 months before they can sell your house at auction. But, there are time-sensitive provisions in the law and you should contact a qualified attorney right away to determine a course of action.

    You may also have time to pursue a loan modification. There are many bad companies out there who claim to help (for a fee) with this process. There are also a few good ones. I'd be happy to give a recommendation.

    Good luck to you.

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  • Can I remove an officer in my corp if I have 90% interest.

    I started an S-Corp with my wife. I am considering making a third party an officer in the corp with 10% shares to rectify other legal issues such as Workers comp. Is it easy to un-officer someone with that little of interest in the corp if I eve...

    Erick’s Answer

    Unless your bylaws require a unanamous vote, you should be able to terminate the office and hire a new one (since you control more than 50% of the votes). That person will remain a shareholder, though, and you will continue to have a fiduciary interest toward all of the shareholders.

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  • If the disposition of certain physical objects are undecided between beneficiaries, but the estate Is closing, can it close?

    Or does precisely every object need to be resolved, i.e., sold, given to someone, etc.

    Erick’s Answer

    The trustee can typically keep your case open until he/she decides how to dispose of non-exempt assets. But, if you believe the trustee is taking too long, you can file a Motion to Compel the trustee to abandon the assets. It will then be up to the judge. However, filing this motion prematurely can also backfire sometimes by pushing the trustee to get busy and sell of assets. You should consult with an attorney regarding whether and when to file such a motion.

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  • My partner (there are 3 of us) is fileing for bankruptcy what can i do to portect my interest?

    she took the bank account and set up a different bank account and had it closed to me. I just got access to it today and found out there it is short approx $6000.00 to $8000.00. I know what the business brings in and I know the expenses for the ac...

    Erick’s Answer

    First, you can hire a lawyer to represent you and the business in the bankruptcy. If the business has value (its assets add up to more than its debts), the bankruptcy trustee may try to liquidate the business. Typically, you and your other non-filing partner would get your share of the money, but you may need to negotiate with the trustee as to the amount. Also, you may have the opportunity to buy out your partner by paying the trustee.

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  • How can i erase all my hard inquiries in my credit report?

    I have a lot of hard inquiries which im sure lower my credit score.is there anything i can do to erase or delete It in 2 to 3 months? So that i can be approved for loans

    Erick’s Answer

    Generally, you cannot "erase" correct information from your credit report. However, if any of the information is not correct, you should contact all three major credit bureaus and report it as incorrect.

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  • My husband signed my name to a settlement check written to both of us and his lawyer. I was unaware this check was ever issued.

    The check was in the amount of 45k. I never received any notification that the check was ever issued. He had moved out two weeks prior to him receiving the check. My home address was listed on the check but my again no one informed of the issue...

    Erick’s Answer

    This is a very complicated set of facts and you should talk to an attorney in your jurisdiction immediately.

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  • Short sale breach of contract, Seller's divorced wife refusing to sign paperwork.

    Seller's divorced wife is refusing to sign the deed. We recently found this through title company and my agent is saying seller is not responsible for appraisal fee and inspection fee we already paid. I would like to sue my agent, seller, and se...

    Erick’s Answer

    Your rights depend upon the contract that you signed. When I do short sales on behalf of sellers, I typically include language that would limit the buyer's recourse. Also, if certain short sale contingencies were not met, the other side may not be in breach. You should check with an attorney in your jurisdiction and have him/her review your contract. Your rights are time sensitive, so I recommend that you do it promptly.

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  • How long does a home buyer has after a short sale to buy another property?

    My husband and I are now selling our home as a short sale, we will be having a deficiency waiver, with that said, how long do we have until buying another home? Our realtor was saying 1-2 years, but we dont know why is it so long. Our credit score...

    Erick’s Answer

    • Selected as best answer

    In my experience, you will probably have to wait two years (at least). But, you should check with a mortgage professional right away to find out what types of programs may be available to you. Certain types of loans have specific restrictions and requirements, and the mortgage professional is the best person to help you through this.

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  • Buying after short sale

    I had a short sale almost 2 years ago, my credit is otherwise excellent. The mortgage on the property was paid off in full but the heloc was shorted and later settled. The heloc was only in my wife's name. Will this still affect the 2 year short s...

    Erick’s Answer

    Your wife's credit should not affect your ability to get a loan (as long as she does not apply with you). You should start by talking with a mortgage professional and pulling your credit report. It is common where you may have to correct things on your credit report. This process can take several weeks, so you may want to pull your credit as soon as possible -- even before you find the house that you want to buy. Good luck.

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  • I want to back out if a short sale. I am the seller.

    I began the short sale process 4 months ago because I just couldn't afford the loan. I recently got a new job. 6 weeks and can now afford to keep the house. So my hardship has changed. We are about to to to closing in it. I have perfect credit and...

    Erick’s Answer

    You have to review your contract. If you have an attorney representing you in the sale, you should check with that attorney. Often, there are many contingencies that exist that may give you an opportunity to back out. Sorry to be so vague, but there is really no way to provide a concrete answer without reading the contract.

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