Skip to main content
Lu Ann Trevino
Avvo
Pro

Lu Ann Trevino’s Answers

4,608 total


  • Can I claim this as my homestead, a % of ownership to maintain? Can I sell this share with an active mortgage loan in place

    i own a home that i homestead. i'd like to sell a share of my home to someone as an investment. I'd like to sell that share for an amount that will clear or come close to clearing my mortgage. I will continue to live here and have controlling i...

    Lu Ann’s Answer

    Did you get this idea from Hugh Hefner's offer to sell the Play Boy Mansion? It would be most efficient to sell the interest for enough money to retire the full mortgage and then create a special warranty deed between you and the investor. This is not necessarily easy and you need specific legal advise. Use the "Find a Lawyer" feature to connect with a real estate attorney in your area. Many will offer free initial consultation.

    See question 
  • What can I do to get it returned? Can the repo man find the vehicle?

    The bank wants to reposses my vehicle but someone else is driving it and refuses to bring it back. I have sent a letter of demand to return to specific place. No results.

    Lu Ann’s Answer

    Is the person using the car named on the title? If not and you do not care about having a repossession reported on your credit reports and are prepared to pay for the expenses associated with the repo cost and the deficiency between the auction value of the care and the amount you may still owe, you tell the repo agent where the car is.

    If you are both on the title, You both have the right to possession of the vehicle because your name is on the title. You have the right to take possession by towing without his/her consent. Be aware that he/she can do the same to you. The Police will not get involved because this is a civil matter. Your problem will come when the title is issued after pay-off. If his/her name appears on the title, you won’t be able to sell the car without his/her permission. You can always make a deal to split some of the sale money to get him/her sign off. You may have to make this as a life lesson: don't lend money to friends or relatives and NEVER co-sign on a purchase for anyone.

    When or if the car is repo'd, the lender will sue you for the difference between the auction sale price and the loan balance. A creditor must sue you, personally serve the suit papers to you, wait for you to answer. If the lender wins (they don't always win), then it gets a judgment. That is not the end of the world.

    Keep in mind that Texas is an extremely debtor friendly state. Nobody gets your house except the lender and the IRS. Nobody gets your car except the lender and the IRS. Nobody gets your wages except the IRS and child support. Nobody gets your Social Security/disability/ pension/retirement/401k/IRA except the IRS. Most people don't have any thing more than that, so there is nothing to get to satisfy a judgment. HOWEVER, a judgment is good for 10 years and can be renewed. Also, the judgment is accruing interest and is being reported to the credit bureaus. The creditor is hoping that one day you will have some money saved for a large credit-based purchase (car or house). When you apply for that loan, the judgment creditor will learn you have cash and will then try again to get you to pay. Luxury items such as motorcycles and boats and cash on deposit in banks are not protected. Even then it is possible to file bankruptcy to avoid payment.

    Because a homestead can't be taken to satisfy a judgment unrelated to the mortgage or taxes, the judgment creditor must give a partial release with respect to the home if you request it in writing. This is necessary if you plan to buy, sell, refinance, or take a home equity loan. If the creditor will not release on request, there is a statutory process to go around the judgment lien. This does not mean you don't owe the money, just that the house can't be held hostage to the judgment.

    See question 
  • What can I do

    I had a bill at an established business. .....it took me awhile to get it paid off but I finally did...now I have the pd in full receipt and presented to the company. ..they're still not marking it as paid...what can I do?

    Lu Ann’s Answer

    To protect your claim under the Fair Credit Reporting Act, you must dispute the amount of the debt with the credit bureaus preferably in writing. The bureaus must investigate and if the amount debt can't be substantiated, the entry must be removed. If it is not corrected or removed, you can sue the collector, the dealer, and the bureaus to get it removed and pay you damages and attorney fees.

    See question 
  • Can my bosses bully and push me around and make me do something I didn't wanna do

    I work at a Walmart [censored] in tx my bosses have told me that I ll go to lunch when they say not when the time on my schedule says that they didn't care that I'm somewhat special ed (the state says I'm not but docs say I am and some not dumb) n...

    Lu Ann’s Answer

    Employers are allowed to manage work breaks and meals to suit the needs of the work day. No law guarantees a pleasant working environment and you should be prepared to take breaks when told or find another job. If you really believe you were the victim of disability discrimination and that the reasons given for adverse job actions were just pretexts for the discrimination, you need to discuss the details with an employment attorney.

    See question 
  • How can I go on about this situation?

    my mother in law passed away unexpectedly the day after christmas. I contacted my work and asked if I could have bereavement pay. They asked id I was married I said yes I was common law married that me and my spouse have been together since 2012....

    Lu Ann’s Answer

    Texas allows you to file a Declaration of Informal Marriage with the county clerk which states that you consider yourselves married and you can enter the date you believe you began your informal marriage. This is all you need to prove your common law marriage to an employer or anyone else except in divorce court.

    As for this employer, what do you want? You probably not be comfortable going back to work there. Use the "Find a Lawyer" feature to connect with an attorney in your area. Many will offer free initial consultation.

    See question 
  • What is the statue of limitation on payday loans in texas

    I was told I had a pay day loan 6 years ago I don't think so but I don't remember.

    Lu Ann’s Answer

    The statute of limitations for debt collection is 4 years in Texas. That means a creditor or debt buyer must sue you within the 4 years following your first missed payment. Making a payment in that period re-starts the 4 year calendar. After 4 years, you can't be sued on the debt, but the debt buyer can continue collection attempts until you send them a proper cease and desist letter under the Fair Debt Collections Practices Act.

    See question 
  • What can we do to make them honor the contract

    My husband and daughter have a signed contract thru a dealership for purchasing a new vehicle and now the dealer is telling us that the contract is no good

    Lu Ann’s Answer

    The contract is probably "good" and enforceable, but the dealership was not able to get the financing it wanted or did not get any financing. You now have to decide what you want to do. Demand the contract be rescinded and get all down payment refunded OR try to get your own financing from your bank or credit union. Use the "Find a Lawyer" feature to connect with a consumer attorney in your area. Many will offer free initial consultation.

    See question 
  • My question is if these two situations are legal actions . And what can be done about this situation. For I am now out of work.

    Worked at a mechanic shop and was fired shortly after a few incidents with the h.r personnel (the owners wife).Oneday the h.r lady gave me 20. And said here lunch on me,at which time starting blowing me kisses and turned her face out and upwards...

    Lu Ann’s Answer

    You may have a claim for sexual harassment. Use the "Find a Lawyer" feature to connect with an attorney in your area. Many will offer free initial consultation.

    See question 
  • Can I sue

    Looking for lawyer in Texas that handles retaliation and hostile work environment against Sinclair broadcasting group after filing workmen comp claim and complaints about Gm and other complaints filed with corporate office on Thursday and Monday ...

    Lu Ann’s Answer

    You don't give enough facts or context to make a useful answer possible. Use the "Find a Lawyer" feature to connect with an attorney in your area. Many will offer free initial consultation.

    Don't put personal information out in public sites.

    See question 
  • Do I have a valid case I can present to an attorney that would be worth fighting?

    I was subject to a random DOT/federal drug test with my employer, along with approximately 8 other employees (witnesses?). During the collection process they violated numerous DOT policies that are set in place to prevent errors and mishandling of...

    Lu Ann’s Answer

    You don't give enough facts or context to make a useful answer possible. Was the collection done by the employer's staff or an independent service company? Have you protested the result of the drug test? Use the "Find a Lawyer" feature to connect with an employment attorney in your area. Many will offer free initial consultation.

    See question