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Steven Travis Ramos

Steven Ramos’s Answers

12 total


  • Rights to property left to siblings

    Parents left daughter and son the home a successon was done. the mother is in a nursing home. the daughter lives in the home while the son lives out of state. what rights to the son have to the home.

    Steven’s Answer

    Short answer: he can use the home as a co-owner or force its partition (sale through a court proceeding).

    This seems to actually be an ownership question, not estate planning. If the son and daughter received the home through a judgment of possession rendered in the succession, the two would be co-owners of the home. Both co-owners have the right to use the home, absent some a lease or some other agreement between the two of them. As a co-owner, the son can also seek to partition -- or legally divide -- the home between the two of them. Because this is a house, which can't really be divided in kind, it would have to be sold privately by the parties or through a court proceeding.

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  • Can a mortgage company do a deed in lieu of foreclosure without the borrower being notified?

    I thought we had a foreclosure in 09, but it is not showing up on any credit reports. Contacted the Registers office in the county where the property is and they said they are just showing a Trustee's Deed were it was sold. I received a Release ...

    Steven’s Answer

    You should probably contact an attorney in Tennessee. In Louisiana, you would be served notice of any foreclosure action. Similarly, if you owned the property, you would have to sign off on any deed in lieu (called a dation in Louisiana) or short sale. However, there could be some differences between the law of Tennessee and that of Louisiana. So consulting with a Tennessee attorney makes the most sense to me.

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  • A fence contractor did shoddy work and is not wanting to make it right. I'm withholding payment. He is threatening to file lien.

    A fence contractor did a poor job on the fence for my newly built house. He is refusing to correct the issues. He is demanding payment ($3,075) and threatening to file a lien if he does not get it. Initially he was busted by the city inspector for...

    Steven’s Answer

    He can certainly file the lien. All it takes is signing a standard form lien affidavit and filing it in the courthouse. I would recommend telling the contractor that if he files the lien you will bring him to court to have the lien removed at his expense, which is provided for in the Private Works Act (the threat goes both ways). Then, see if you can negotiate a reduced payoff with him. Since a court might still award him something even if he did a bad job, it might be the most cost effective approach and you could apply the saving to the necessary repairs.

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  • Does your mortgage and a forclosure from "09 have to show on your credit report? Mine dosen't

    We filed for bankruptcy in 2005 (chapter 13) At the begining of our last year, 2009 my husband lost his job. We were dimissed from the bankruptcy, and the bank foreclosed on our house and a sheriff sale took place in Dec. of '09. My mortgage an...

    Steven’s Answer

    No. It's not your job to report information to the credit bureaus.

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  • A neighbors tree fell on my house and truck, can I sue for damages and punitive damages as well?

    I sent the property owner a letter a year before the tree fell, it was rotten and diseased and I have pictures of it before it fell. The tree damaged my house and almost killed my father who was in the area of which it fell. My house was also bu...

    Steven’s Answer

    Damages: yes.

    Punitive damages: no.

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  • Can I sue the president of a corporation for breach of fiduciary responsibility even if I was on the board of directors?

    I'm under extreme duress in the situation i've been in over the last few years.

    Steven’s Answer

    Yes. However, if the corporation isn't going to sue in its own name (ie, the board isn't going to authorize suit against the president), this will likely be a derivative action and any recovery may well be property of the corporation, not you individually. You should talk to a corporate attorney before taking any action.

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  • I have a question on LLC. I want to put my car into the LLC to keep it different than in my personal name.

    How is the car classified as NOT mine. I would be the only member, so the company is 100% mine right? Reason for this is in the event of an car crash my personal assets are different. So by doing is is the car not mine, and the companies? ...

    Steven’s Answer

    Buy insurance and don't worry about the LLC.

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  • Does a bill of sale have to be notarized to be legal if it is a domain name or trade name?

    I am looking to buy the domain name and possibly the trade name of a business. Does it need to be notarized in the State of Louisiana, to be a legal transaction?

    Steven’s Answer

    No.

    However, if you are going to register or file the domain or trade name with any outside agency (U.S. Patent & Trademark Office, etc.), you may want to check and see what they require.

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  • Question on Minutes of the meeting for an LLC

    When I do my minutes of the meeting do I need to do the notice also? I am a single LLC....

    Steven’s Answer

    Minutes for a single member LLC are a bit pointless since you are the only member and decision maker. If you do a significant deal (bank loan/financing, buy/sell real estate, etc.), you could just to an LLC certificate approving that action. Otherwise, I wouldn't worry about minutes.

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  • Is there a waiting period to remarrying after a divorce in the state of Louisiana?

    I will be divorced next month and would like to know if I have to wait to remarry and if so how long?

    Steven’s Answer

    No.

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