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Douglas Garth Edmunds

Douglas Edmunds’s Answers

373 total


  • Filed Chapter 7 and did not reaffirmed mortgage.

    We filed chaptter 7 about 5 years ago and did not reaffirm our mortgage. We kept our home and have been current on all payments. What can we do to get our home back under our names? When a credit report is run it doesn't come up, but yet lenders s...

    Douglas’s Answer

    The prior answers are good advice. In almost every case, not reaffirming the mortgage is the correct answer. If you chose to refinance, you can show from your own records that you have faithfully made all the payments to the lender via cashed checks and bank statements. If your new mortgage lender cannot figure that out, you simply need a better mortgage lender.

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  • I have maxed out several high-limit credit cards due to a custody case. Is there a minimum debt required in order to file bk7?

    I have between $50k-$55k in cards. I have 1 vehicle (2012 Honda Pilot), with no equity and our home was just foreclosed on. The 1st lien was satisfied, but the 2nd lien will not be. The house was awarded to me in the divorce and my ex-husband sign...

    Douglas’s Answer

    Filing a Chapter 7 is rarely about whether you have enough debt. The question is typically how much money do you make - is your income LOW enough to be permitted to file a Chapter 7.

    I would suggest that you take up any of the fine attorney's on here for a free consultation and find out (1) if you qualify, (2) what debts you will be able to eliminate, (3) what, if any, assets are at risk, and (4) whether it is in your best interest to file or not.

    There is a lot that goes into this decision. Get as much info as you can.

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  • Mortgage Company charging customer for their "mortgage insurance"

    PennyMac charges me $500.00 yr for insurance they say covers them if I don't make my payments,

    Douglas’s Answer

    Pretty much happens on every loan where less than 20% is put down. The other attorney's advice was spot on - it should eventually drop off as your equity position changes.

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  • How do I get a copy of a will?

    My uncle passed a month ago and I am a beneficiary on his will. Where do i get a copy of the will?

    Douglas’s Answer

    Perhaps the easiest way to obtain a copy is to ask for one from the person who is the Executor or Personal Representative for your uncle. I always start with the assumption that everyone is going to behave and work together - if you are refused a copy, then it is possible that you might have to involve an attorney and head to court to get one.

    Understand this important fact though - just because you believe you are a beneficiary does not mean that you are. Uncle COULD have possibly changed a will, or never gotten around to making one. Further, even if you are a beneficiary, it does not automatically mean that you actually get anything. Many estates have little to no assets to distribute by the time debts and other expenses are paid.

    In short - someone has or had access to uncle's personal documents and possessions. They ought to have a copy of the will if it exists. Ask them first.

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  • What are my Legal/Police options for a residential tenant is staying beyond their lease after they agreed to move out?

    I have given and had the tenant sign a notice to vacate a residential property by a certain date (August 1st). That date has come and the tenant is refusing to leave. The original lease was month to month and I gave the tenant the required 30 da...

    Douglas’s Answer

    It sounds like you need to evict them. While I do not know where you are located, here is a link to the justice court in Maricopa County with basic forms and instructions. Of course, I suggest you should hire an attorney to do it for you, but that is up to you.

    http://justicecourts.maricopa.gov/CaseTypes/eviction.aspx

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  • How do I file Quit Claim Deed

    I live in California, bought a house in AZ as my second home to be close to my grand kids. I wish to transfer this property to my daughter. What is the loan obligation. Does loan automatically transfer to her name or she has to go through entire l...

    Douglas’s Answer

    While I can answer your question simply and state that yes, it is easy to transfer, and yes, she will have to apply, or yes, you can keep the loan ...

    The reality is that none of that is useful unless I know WHY you want to make the transfer. If it is for estate planning purposes, there are specific strategies that are beneficial to both you and her. If it is for gifting, then we need to involve the CPA's. If it is for simplifying your life, then we need to make sure it is not violating any laws.

    There are different ways to do this, all of which can be right. They can also be wrong if employed for the wrong scenario. Speak with an attorney and tell them why you want to do what it is you want to do. Then, you will get an answer that ensures you are protected, and so is she.

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  • I have a will and my mother is one of the beneficiaries but she passed away a year ago. How I go about changing it? can I make

    an addendum or I have to change the whole document? Also I want to change some of the beneficiaries. How much is it going to cost me?

    Douglas’s Answer

    Steven's answer is great. You can likely get away with a codicil to the will. This would be cheaper than a full rewrite. As for fees, it is very hard to even guess without a read through of the will that needs changing, and a full understanding of what changes you will require. I suggest getting a free consultation with an attorney who will quote a price before starting.

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  • What if its passed all that I'm way behind. Can I call them to come to get the car and will I be arrested?

    So its not the FBI the number I Google it. It said it was collection s

    Douglas’s Answer

    I'm speculating a bit based upon the question, but I would guess you received a call from an overly aggressive collector who threatened jail time, or that a sheriff was coming out, or a warrant issued. If that is the case, it is likely all nonsense. Those kinds of things are typically just bad behavior by unethical collectors. Talk to your creditor about repossession if that is what you are looking for. They can arrange for you to drop off the car, or send a truck out to get it. If you are very far behind, you might consider not leaving anything personal in the car in case they come get it some day unannounced. Talk to a local collection attorney if they continue to harass you.

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  • Hello, I have somewhat of a complex question. I was recently granted a discharge for a chapter 7 BK case.

    I also have a concurrent family law case that involves a question of law related to 11 USC 524(a). In my family law case, I was responsible for the costs related to a psychiatric evaluation, per court order. Now because of my bankruptcy, the evalu...

    Douglas’s Answer

    • Selected as best answer

    The situation is really not terribly complex. There is a difference between trying to collect, and accepting voluntary payments.

    If I assume that this persons fees were discharged, he would no longer be permitted to demand payment from you; however, if you elect to hand him money, his acceptance would not be a violation of a discharge.

    Now, getting them to understand this is an entirely different problem.

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  • My boyfriend and I bought a house together. I put in the down payment of $20,000, then we added about $20.000 in improvements.

    We split the improvements equally. We are now splitting. We have been here a little over a year. Expenses have been unequal...I have paid the majority, until recently. Now her pays 3/4 and I pay 1/4 since I only earn 1/4 of this income. The h...

    Douglas’s Answer

    You don't. If the two of you cannot agree to exactly how the proceeds, if any, are going to be split, and you cannot get it in writing signed by the both of you, then you cannot protect yourself.

    Short an agreement you both like, you will need to hire counsel.

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