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Mark Hampton Pillsbury

Mark Pillsbury’s Answers

8 total

  • I have a 11.750 enterest on my morgage, and just got layed off. what kind of attorney can help me get a home modification.

    I have a 11.750 enterest rate on my mortgage. I was layed off 3 weeks ago, and I'm behind 3 months on my mortgage. I need a modification , so my payment can be more affordable. I'm getting alot of letters with different companies. I heard attorne...

    Mark’s Answer

    I would contact the Dallas Bar Association.
    First read the website of your loan provider (ex; Wells Fargo) whoever holds your mortgage.
    Or you can Google "refinance" or "modify" Mortgage and there is a website under the Dept. of Treasury (Sec.'y Geithner) which deals with the economic stimulus package and what mortgage relief is included.
    You would have to work with a law firm that specializes in consumer law, or bancruptcy, and work with an attorney who has done this recently. But here is what you need to prove to your lender:
    1. What income do you presently receive? (Proof of income=Pay stub)
    2. You must write the letter to your lender (Mortgagor) as to your present hardship:
    a. request a lower rate
    b. request an extended return
    c. request a lower monthly payment
    3. Put together a financial worksheet that shows your monthly expenses (ex; groceries, utilities, fuel, rent, etc.) in a legible form and be able to show via this model that your hardship is real.
    If you live in a suburb like Garland they also have a bar association. Do not hire a "Billboard Lawyer"
    The best way to find an attorney is to talk to friends at church or in the neighborhood. If you know a lawyer he or she might refer you to the right person. There are dozens of honest firms in Dallas, but you have to find them, do not trust a stranger. Good luck!

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  • Condo still damaged 9 months after Ike

    I live in a condo in which 90% of the complex was damaged by hurricane ike. There is severe roof damage and 90% of the units in the complex lost 1 or more walls. The majority of us are all living with tarp that covers the holes in the walls. I...

    Mark’s Answer

    First you must look at your lease to see what recourse you have for Landlord default.
    The casualty clause is what covers if there is an accident or damage caused not due to your actions.
    Therein a time period should be alloted for when the damage must be estimated, repair work commenced, and all repairs complete. You must also list in writing your demands for repair and the itemized list of all malfunctions, and areas of concern or unhabitability (water, mold, leaking, pests, structural issues, etc.). Address this to landlord and owner according to the notice provisions in the lease. If progress has not commenced or is being delayed you must request a timeline for when it would be completed and then decide if you should litigate with the owner by moving out and breaking your lease. Consult a Texas real estate attorney to give you good advice.

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  • Tenant's rights when the landlord forecloses

    I discovered that my landlord has not paid taxes and assessments since Dec. 2008 on the property that I've rented for 2 years. My gut is telling me he's going to foreclose and I'm trying to find out what my rights are as a renter. If the house doe...

    Mark’s Answer

    I am not a CA attorney, but I wd advise that you read the contract carefully. Do you have a lease?
    What does the lease say about your rights if Landlord defaults? You can go to the county tax department and look at records for this property to see if your "gut" reaction is correct! They are public record! If the LL kept the SD in a separate trust account which is proper in TX then you might be able to claim the SD but if he co-mingled it you might not. If it is foreclosed upon then CA Property Code will control on how long you have to stay there. Do ur own due diligence and then contact a CA attorney that specializes in Tenant rights! 100s of those in CA. Good luck!

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  • Do I need a real estate attorney?

    I built a new home in 2004. I assumed the title company took care of everything at closing. I kept my previous home as rental property. I received a bill for $3000+ for 3 years past due taxes on the rental home because somehow my paperwork was ...

    Mark’s Answer

    You need a real estate attorney who used to work as a closing attorney for a title company and is very familiar with how the county appraisal/tax collector works in your county. The county probably has some protection on how they send out the notices. It may state in law that they only have to send it to the property address. I dunno... First contact the title company. That is what they do. But it does sound like the paperwork got FUBAR.
    Good luck!

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  • I sold my car to someone and he was making payment he got in a accident the car got total out.Do I own him any money?

    He didnt finish making payment for the car so the insurance is giving me a check for the value of the car.Does he get any money back since the car wasn't his because he still owned me money? We signed a contract which states when he finish paying...

    Mark’s Answer

    I am not a GA lawyer, but if you held title in the asset, it belongs to you. You carried all the liability for what happened to that car whether you knew it or not. The contract is controlling. What does it say about his rights? My guess was that it was his responsibility to take care of the car and make payments. He defaulted on that contract by not making the payments as he said he would in the contract. If he was still drivning it under this contract it was voidable at any time and you were actually letting him drive it without legal capacity. I don't think you owe him anything, but you shd consult a GA attorney. As the owner of the car you might be sued for what he did with that car, so don't spend the $$ all in one place! Good luck...

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  • I have a friend who was convicted for a rape chrge he didnt do. he took the blame. but now he wants to fight this 12yr old case

    He was young and didnt want to tell on his friend. the guy that did the actual crime is in jail right now for the exact same thing. He wants to know if there is anything that he can do to get the charge remove dropped. anything. He says that if an...

    Mark’s Answer

    RE: Dismissal and Expungement:
    This case requires an experienced NY appellate attorney. First the trial transcript would be essential. What did the eyewitness say about what happened? Did the complainant (female) exactly identify the wrong person and is she available to testify now! Also, the most important fact would be was there a rape kit prepared and could there be unexamined DNA evidence which could help exonerate you! We are doing this a lot in Texas (both Dallas and Houston). Also the real perp (now in prison) has a stake in how all this turns out. Has anyone interviewed him? I am not a NY lawyer but to ans. ur Q: It is never too late to clear your name. It takes time, money, and expertise... Good luck!

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  • I have an ongoing criminal case. Unrelated I have a civil case. If I must serve time, will I be able to testify at civil trial?

    If I must serve time for a criminal case that is currently ongoing, will I be able to go to my civil case trial (I am plaintiff in a fairly large civil case). I hate to have a lawyer file suite and me lose because I can not go due to serving crimi...

    Mark’s Answer

    I am not a NC lawyer but you will have a statute of limitations wherein the civil lawsuit must be filed. Will u be out of jail by the end of that period? Good question. It depends on what kind of criminal case you are incarcerated for? Is it a felony? I would think that ur NC Plaintiff attorney would work on a contingent fee basis and he could research what it takes to get you out of jail if you have to be there. Ask if NC law will allow you to file the suit "in absentia" which means when you are not present. Good luck with your time and your Plaintiff civil action! (not a NC licensed attorney)

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  • Why is it illegal to make prisoners like the ones at guantanamo UNCOMFORTABLE, while the inmates in county jail in Texas are

    sometimes 24 men to a cell, and they have full view and smell of each defacation. I would think this is a health hazard, and that it would be inhumane treatment and traumatizing. If you think this posting is a joke, I assure you there is nothin...

    Mark’s Answer

    It is an issue of jurisdiction. The prisoners at G were prisoners of war not civil prisoners incarcerated under Texas Criminal Codes. Prison justice in Texas is governed by state law and sometimes federal law. The grievance procedure is different in state prison and often has to be p/u by federal court to make the claim of cruel and unusual punishment under the federal constitution. State standards are different than G but much of the litigation over conditions at G was about "torture" not dehumanizing living spaces. I think u r talking about this ironic situation in a political sense and not so much from a legal perspective. Good luck to ur boyfriend in Bexar County.

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