James C Underhill Jr.’s Answers

James C Underhill Jr.

Denver Litigation Lawyer.

Contributor Level 14
  1. We filed Chapter 7 in 2011, maintained house and HELOC paymts but HELOC matures on 11-6 12. Need suggestions.

    Answered over 1 year ago.

    1. James C Underhill Jr.
    2. E Dwight Taylor
    3. Adam Brooks Arnold
    3 lawyer answers

    I'm assuming that you are current on the 1st mortgage as well. If so, then the HELOC company should be willing to help out, or they'll end up paying off the 1st to foreclose. Have you asked the 1st for either a HAMP or HARP modification? Or tried to find a loan company to refinance both into one mortgage? Those are all options. Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or...

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  2. Where can I get a Personal Representatives Deed in Colorado?

    Answered about 2 years ago.

    1. David M. Rich
    2. James C Underhill Jr.
    3. James A Littlepage
    3 lawyer answers

    The best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts; the lawyer will be able to give you an analysis of the law and your options. By the way, some attorneys sell "unbundled" or "limited" legal services where you pay for just what you need and can afford. For example, some attorneys will prepare letters for you to sign, legal documents, or sell the paperwork for the court filings; then you can proceed on your own,...

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  3. Withholding of bonus

    Answered about 2 years ago.

    1. James C Underhill Jr.
    2. Michael S. Haber
    2 lawyer answers

    The previous answer might be good in NY, but is not the answer in Colorado. In Colorado when an employee has done everything necessary to earn a bonus, then the bonus is owed and may not be withheld. However, so the bonus policy is important, but also important is whether you "completed" the necessary prerequisites, like your colleagues, for the bonus. If they all did exactly what you did, and were approved in the same way, then the bonus is earned and should be paid out by the company....

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  4. Deporation over 10 years ago, can a 1-130 petition for alien relative bring them back?

    Answered about 2 years ago.

    1. James C Underhill Jr.
    2. Neil Ian Fleischer
    3. Fadi N. Minawi
    4. Luis Alberto Guerra
    4 lawyer answers

    Yes. So long as your father was not convicted in the US of a felony, then you may petition to bring him back to the US. All immigration issues are difficult and you always should consult with an attorney to review your exact fact situation. HOwever, here the answer is usually, "yes." Like many attorneys we will sit down and review your situation with you without charge. Your best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your...

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  5. Can an employer make an employee clock out during slow times, yet require all to remain on site to wait for things to pick up?

    Answered over 2 years ago.

    1. James C Underhill Jr.
    2. Stephen Clark Harkess
    3. Douglas A Thomas
    3 lawyer answers

    Hi, Yes, the employer is violating the law. The employer can demand split shift work, but during the "off" time the employee must be free to engage in their own business. Being required to be present is "work" and the Department of Labor is where you complain. HOWEVER, my dad told me when I was 15 and just starting to work that "its always easier to get a job if you have a job." In other words, get that new job before you complain as the employer will no doubt find a reason to fire you son...

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  6. I signed a 1 yr lease with roommate. After 1 yr I left and asked landlord if I needed to sign off on lease he said no a verbal

    Answered about 3 years ago.

    1. James C Underhill Jr.
    2. Philip M. Block
    2 lawyer answers

    In Colorado, you should get advice from a Colorado attorney. Here there are several questions. First, did the eviction proceeding with the former roommate include a demand for money damages? If so, were you personally served with the lawsuit? if the case was only for possession and not money, the eviction means nothing to you legally, and since you have another eviction, your rental history is crap anyway, and therefore the eviction probably has no effect on your ability to rent....

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  7. How do I assign temporary guardianship for my special needs son should I go into the hospital or become incapacitated

    Answered about 3 years ago.

    1. James C Underhill Jr.
    2. Michael Henry Smith
    2 lawyer answers

    There are basically two different things to think about in Colorado. Money and your son's physical care. Money. You can create a trust instead of just having a will. The trust can be set up in a way that provides that the assets that you leave after you are gone will be divided between children in a certain way (or not divided), and then the son's share remains in trust with a trustee (who is you initially and your daughter or someone else later) who handles the money and makes payments....

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  8. If I am accused of theft is that considered criminal libel or just slander?

    Answered over 3 years ago.

    1. James C Underhill Jr.
    2. Stephen Clark Harkess
    3. Joseph Jonathan Brophy
    4. Nima Taradji
    4 lawyer answers

    It is always a bad idea for a lawyer to give legal advice in a state in which she is not licensed, here you have received some faulty advice. Colorado does have criminal libel statute (it is one of 17 states which do). The Colorado Supreme Court has held that its current criminal libel statute is constitutional, at least as to statements on matters of private concern, and has even said that it was constitutional to place on the defendant the burden of proving the truth of his statement. See...

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  9. Can I sue SSDI for taking 4 yrs to settle my claim, due to their errors, which caused me to lose my home for lack of income?

    Answered over 3 years ago.

    1. James C Underhill Jr.
    2. Stephen Clark Harkess
    2 lawyer answers

    The prior answer is correct, you cannot sue the government for negligence in such a situation. You can vote. The politicians for the past 15 years or so in Congress have been trying to "cut entitlements." An entitlement is SSDI, Social Security retirement, government pensions, military benefits, etc. So when you hear the TV ads, understand what is really being debated. We do benefits work with a governmental agency. They have policies in place to deny x % of all cases, without reading...

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  10. Can this HOA be forced to cease & desist operation since its initial incorporation may not have been legal?

    Answered over 3 years ago.

    1. James C Underhill Jr.
    2. James S. Tupitza
    3. Robert M Diamond
    3 lawyer answers

    The first answer is pretty weak. In Colorado, the formation and actions of an HOA are controlled by the Colorado Common Interest Ownership Act (CCIOA). Your HOA may or may not have been formed properly, you have to see the act provisions to figure that out. The mere incorporation of a company called the HOA is not the formation of an HOA. Without covenants, declarations, bylaws and possibly rules & regulations, no HOA exists. The corp would be basically just a voluntary association....

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