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Paula Brown Sinclair

Paula Sinclair’s Answers

8,530 total


  • How long after the original creditor charges-off my second mortgage can it stay on credit report?

    I was late on my 2nd mortgage. Late on everything, really. Decided to claim Chapter 13. 2nd mortgage arrears were included in my BK. I was still advised to pay the payment outside of BK. I did for a couple months but the company (Beneficial) start...

    Paula’s Answer

    Duplicate post. Your assumption about the meaning of a "charge-off" is incorrect. Please see answer to other identical post.

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  • Does a bankruptcy payment made by the trustee count as a "last payment" when dealing with SOL?

    I was late on my 2nd mortgage. Late on everything, really. Decided to claim Chapter 13. 2nd mortgage arrears were included in my BK. I was still advised to pay the payment outside of BK. I did for a couple months but the company (Beneficial) start...

    Paula’s Answer

    Aa dismissed Chapter 13 brought no relief from creditors whatsoever, and even if the lien of the second was foreclosed by the first, the obligation on the note secured by the second remains. Whether it is subject to a statute of limitations defense is not at all clear. Nothing short of a full case review by local experienced bankruptcy counsel will meet your needs. Relief under Chapter 7 may be needed.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • My question is what should I do? What happens if I sign the release to the lawyers? Can they keep the money if I sign?

    I have a legal issue going on. My son, ex- girlfriend, and a little boy died in a car accident. The driver was my ex- girlfriend's new boy friend and survived. They went to a trip for the weekend, and when they were driving back home the driver lo...

    Paula’s Answer

    What lawyers? You need the representation of a flesh-and-blood attorney that can evaluate any settlement offered, advise on the merits, and guide you through the process. This is not a do-it-yourself project!

    Use the Avvo "Find a Lawyer" function to locate local experienced personal injury counsel without delay (and sign nothing until you have reliable legal advice).

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  • What can my friend do to get the properties he deserves and he owns?

    My friend's father committed suicide back in April 2015. The father did not have a will. The father was also not married. My friend is 19 years old and was left with nothing. My friend's father apparently left a lot of his properties under other p...

    Paula’s Answer

    As difficult as it may be to accept, when property is titled formally in a person's name, there is a strong presumption that the property was a gift to the recipient. The evidence to establish any kind of trust arrangement is complicated and difficult. The fact that the transfers were done to avoid creditors does not help. Your friend's needs can only be met by retaining local experienced probate counsel, and he should be prepared to pay a reasonable fee for the valuable services he wishes.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • How do I go about getting him to sign the paperwork and getting the house in mine and my sisters names?

    My mother died and left her house to her daughters with the stipulation that her boyfriend could live there until he died. The boyfriend filed paperwork and put the house in his name somehow. Went thru a lawyer and the bottom line we got from th...

    Paula’s Answer

    "How do I go about getting him to sign the paperwork " Simple: you work with your attorney. Here on the Avvo Q&A generous volunteer attorneys provide general information about the law and legal procedure. Advising action in a specific case is well beyond the scope of this public forum. Advising specific actions is what flesh-and-blood attorneys do, and fortunately you have one. If your attorney does not seem to know how to compel the signature, find a new attorney.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Can I just do a refinance on the house in his name then quick deed it?

    I want to get a divorce. We both own a house with no equity in it yet. I want to get out from underneath it and give him the house- period. It's not worth the fight to me.

    Paula’s Answer

    While your general strategy makes sense, the order in which the steps are carried out can have unexpected and unwelcome consequences. It would be unwise to attempt the process without the assistance of counsel.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Can a debt collector in CA. garnish my wages if i live in ID.?

    I received some papers in the mail about a judgement entered against me that i had no idea what it was about, apparently my ex-wife used toll roads in california with out paying and now they are coming after me. when we got a divorce i signed the ...

    Paula’s Answer

    Yes, the judgment creditor domesticates the judgment in Idaho, and then can attach any non-exempt property and garnish wages and bank accounts. To know if you have a claim against the ex for failing to re-register the vehicle, or for some fraud in hiding service of process from you, consult with experienced CA family counsel.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • What will happen if I put my daughter on my taxes? Will he try to sue me for custody?

    My child's father threaten to sue me for child custody if I tried to file my daughter on mt taxes. I get child support. We have no legal custody as of yet. I have her most of the time. He also threatened me but in such a way I couldn't use against...

    Paula’s Answer

    Of course, we have no way of predicting what your child's father will do. If the child support order does not allocate the right to claim the child's tax benefits, then under IRS regulations, the parent with whom the child resides more has the right to claim the child. On the other hand, if you have no income, what value will the child's tax benefits be to you? He will need to petition the court to establish his custodial rights. When he does that, the court will determine what custodial arrangements best serve the interests of the child, and the track records of both parents for meeting the needs of the child will be very relevant, maybe dispositive.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • I need a civil rights lawyer

    The police department from yonkers impound mi car without be involved in the crime, they said that is yo take evidence. Am no sure that car was hit by a bullet but the the car has more than one month in that place. I was in the precinct 3 days ago...

    Paula’s Answer

    Feel free to use the Avvo "Find a Lawyer" function. This Q&A is not intended for attorney recruitment (or client solicitation either).

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  • can a mental health Dr be held accountable for denying my request to see someone else, withholding meds, and false diagnosis

    this non-profit Dr. and I did not get along 9 yrs ago and i had to use this place to continue care in between insurances. I requested another Dr. more than once I was denied. he would not give me meds proven to be helpful and I was told i would ...

    Paula’s Answer

    Let me see if I understand: you availed yourself of free medical care but you want a different free doctor to provide your free care. You want that because your disagree with your doctor's diagnosis and refusal to prescribed the medications you have decided you should have. Be aware that medical care except in an emergency, is a voluntary arrangement that can be terminated by either party for any reason or no reason. Any doctor who works for charity should be respected and thanked, and their refusal to put up with "attitude" is understandable. You are free to seek your medical care elsewhere.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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