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Mohammed Omar Badwan

Mohammed Badwan’s Answers

101 total


  • What are my options to save my home?

    I've been falling behind on my mortgage payments ever since my husband past away and don't want to loose my home. What are my options?

    Mohammed’s Answer

    You have a couple of options. First, try to get a loan modification that would put the back payments on the end of the mortgage and make you current. If that fails, you should consider hiring a foreclosure attorney to handle your case. Banks are more willing to give loan modifications if the foreclosure is actually litigated by the Defendant. If all fails, consider doing a Chapter 13; which would require you to become current on your mortgage within 3 to 5 years. You would have to qualify for a Chapter 13 by having disposable monthly income each month. Good luck!!

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  • Procedure for vacating a judgment

    I have a question regarding the process for having a judgment vacated in Tennessee. In brief, this is a judgment that was filed in Dec 09. It has been satisfied, and the plaintiff has agreed not to contest the motion to vacate. Is there a statute ...

    Mohammed’s Answer

    I am confused. You mentioned that the judgment was satisfied, so why do you want to vacate it? If it has been satisfied then the creditor can not garnish your wages or seize your assets. In the event you still want to vacate it, you have to find out whether it was a default judgment or final judgment. A default judgment is if you did not answer the complaint and the Judge ruled against you for failing to do. A final judgment is if the Judge ruled on the case based on the merits. It is a lot easier to vacate a default judgment than a final judgment. You would not need a lawyer to file the motion, but I would recommend that you hire a lawyer to make sure it is done properly. Good luck!!

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  • What should I do if I don't receive a summons?

    I looked up on the clerk of courts website and found that there is a pretrial scheduled for me on 1/31. The complaint was filed on 12/28, but I have not received a summons (today is 1/12). What do I do? When would be the last day for me to answer ...

    Mohammed’s Answer

    Did the Plaintiff try to personally serve you? Did they serve by publication? A case can not proceed unless you have been served; either by publication or personal service. What kind of case is this, breach of contract, foreclosure, etc? You need to be more specific.

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  • My girlfriend and i were looking for a way to pay off our collection debts and found a place that would give us 6000 to pay them

    at 28.60% now iam tring to find a place online to pay them off that has a lower interest. we dont have very good credit mine is 680 and hers is 630.is there any places you could recommend

    Mohammed’s Answer

    By proceeding with your plan, you are just transferring debt from one creditor to another at an outrageous interest rate. Try settling with the collection companies as they may settle for a fraction of what you owe. Good luck!!

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  • Assualt with a deadly weapon?

    I got into a fight with my dad, and tried to leave the house. He wouldn’t let me leave, and blocked the door. I got a knife, and pointing it at him, told him to get out of my way. He didn’t. I wasn’t going to stab him, so I just ran back and locke...

    Mohammed’s Answer

    Since you have made up with your Dad, I do not foresee the prosecution moving forward with the case. Prosecutors tend to dismiss charges when the complaining witness (the victim) does not want to pursue the charges. The prosecution may at its own discretion pursue the charges. Good luck!!

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  • My brother was convicted for burglary of a bldg. and sentenced to 5 years probation. He was just arrested in another county.

    He has been charged with Forgery of a financial instrument. Does the "arrest" count as a violation of his probation, or will he need to be convicted of the new charge? Does simply being arrested count as a violation of probation?

    Mohammed’s Answer

    A simple arrest is enough to violate probation in most states. Most judges will not violate a person on probation if the charge is ultimately dismissed. Your brother's destiny is really in the Judge's hand. I would highly recommend that your brother consult with a competent criminal defense attorney in your area. Good luck!!

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  • I have 2 foreclosures in 06/08 and 08/09. and I have talked talked to the collection company of the 2nd loan and they told me

    that they will not persue the matter or me anymore since the home was my primary residence and I got an 80/20 loan to buy the house. Do I forget about them sueing me like she said? The other home was my primary home at the time and I called the ...

    Mohammed’s Answer

    Since they already have a judgment against you they can begin to pursue your assets once they file a citation to discover assets. You have a couple of options. Your first option is to settle with them. You can simply call the creditor to determine how much they are willing to settle the judgment for. Your second option is to file bankruptcy and move on with your life knowing they can never come after you. Your last option is to do nothing. This is a risky option considering they may be waiting for you to acquire assets before enforcing their judgment. I would recommend consulting with a BK attorney to discuss your case.

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  • I received a summons from a debt collection company for a credit card that I defaulted on for about $4K +. PLEASE HELP

    I don't understand the summons and don't know what to do about it. The summons shows an appearance date but it's in 2014 and it says if I don't respond to the summons w/in 30 days my wages could be taken or any other property I have (a house) will...

    Mohammed’s Answer

    Make sure to respond within the 30 days. Failure to do so will result in a default judgment entered against you. Once judgment is obtained, the creditor can then ask the Court for permission to garnish your wages or seize your assets. Do not panic, just respond to the complaint and talk to the attorney representing the creditor at your first court date. They will happily accept a reasonable payment plan at that point. Good luck!!

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  • Can I be charged with possession without knowing or having any control of it being there?

    Can I be charged with possession without knowing or having any control of it being there? I was pulled over for license plate light out around 12am and ended up being charged for possession for marijuana. It was left in the passenger seat down by ...

    Mohammed’s Answer

    Can you be charged? Yes. Will you be convicted? It depends. Since the marijuana was in your car, the police have enough probable cause to believe you committed a crime (therefore you can be charged with the possession). In Illinois, the prosecution has to prove that you knowingly possessed the drug. Remember, possession does not necessarily mean it has to be on your person (pocket, hand, etc.) There is something called "constructive possession", which means that you have knowledge and control over the object. Since the marijuana was in your car, the police will argue you had constructive possession of it. Whether you will be convicted depends on many factors (reason for the stop, legal/illegal search, chain of custody of the evidence, etc). I highly recommend hiring a competent criminal defense attorney to handle this matter.

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  • Im 17 years old and was arrested for stealing earrings from walmart. How should i handle the trial?

    This is my 1st offense and i live in georgia.The earrings were stolen from the local walmart and the total was less than $70 dollars.Zthis happened in november of 2010 and my court date is jan. 10th 2011. I don't really have the money to afford a ...

    Mohammed’s Answer

    I would not recommend handling this matter on your own. The good news is that you are not charged with a very serious crime. In Illinois, you would most likely receive court supervision since this is your first offense. Supervision allows the charge to be wiped off your record if completed satisfactorily (no new arrests, restitution, etc.). I would be willing to bet that Georgia has a similar disposition for petty crimes. If you can not afford a lawyer, you can tell the judge and he may appoint a public defender to handle your case. Good luck!!

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