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Michael Raymond Daymude
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Michael Daymude’s Answers

7,132 total


  • Trusts, gifts, and real estate down payments

    My mother is the trustee for two trusts: my father's trust (he passed away), and a survivor trust. She has been able to pull money from either quite readily, but to help with my real estate down payment, she wants to pull out a large lump sum from...

    Michael’s Answer

    I am continually amazed by the number of questions posted by persons who want to structure a "gift" to themselves. The person who needs to consult an attorney is your mother, not you. There are many issues which your mother must explore *before* she makes such a "gift."

    The only thing you should do for your mother is to find a lawyer to review the documents with her and discover *her* intent so that she can be appraised of all the necessary things she needs to consider. And, who will have her best interests in mind, not yours.

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  • My Chapter 13 was dismissed but it still shows up as open on my credit. How do I close it out?

    Hello, I filed a Chapter 13 in 2010 and in 2013 it was dismissed because the trustee wanted my tax returns (which I didn't realize until it was too late). I was trying to remove a 2nd mortgage on a home that I owned. However, when the Chapter 13...

    Michael’s Answer

    My colleagues have provided correct guidance. However, I wish to point out that the mere filing of a Chapter 13 will remain on your credit report for 7 years. It is unclear to me how a "closed" notation will improve your credit score. The other negatives, such as the foreclosure, will also remain usually for the 7 year period.

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  • We were served by with unlawful detainer last sat 7/18 . so when is deadline to file answer. ?

    Im not sure if these lil facts will contribute ti response but I live in l.a. rent control area and also , if it makes any difference as far as time to respond on my end , I was showering at time served so my roomate/defendant was handed my summ...

    Michael’s Answer

    To be on the safe side, your response should be filed by Thursday the 23rd. You, not your roommate, may have additional time due to substituted service. Your post does not provided necessary facts to calculate that response date.

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  • My trustee has has asked me to move out home after 10 years

    My mother and I have lived together in her home since she purchased it 10 years ago . I am a contractor and have remodel the entire home and provided care for my mother who just passed away . My Trustee has told me i must move out after only 6 wee...

    Michael’s Answer

    You need to personally consult an attorney who can review the terms of trust and any will. If you are able and willing to pay the reasonable rental value of the residence during your period of occupancy, you should be able to get additional time to move. It is unclear what you mean when you write: “your trustee.” If you are also a beneficiary of your mother’s trust, you may have additional rights. Good luck.

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  • Is it legal for lawyer to hold my file and personal documents?

    I've asked my lawyer to review our bill. I think it's excessive for the work done. She said all money is due immediately and she won't give me my file or my birth certificate (she said she needed the original for the case) until she receives a ...

    Michael’s Answer

    Your facts are not clear. Is your lawyer still representing you? If so, there is nothing unethical in the fact your lawyer is retaining the file and documents needed to represent you.

    If you have signed a substitution of attorney form and are representing yourself, your file and birth certificate must be delivered to you after your attorney has had an opportunity to copy the file, whether or not you have paid her bill.

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  • Can a 2 year old bankruptcy be used to deny a credit card?

    Can a 2 year old discharged chapter 7 bankruptcy be used as a reason to deny a credit card?

    Michael’s Answer

    "Can a 2 year old discharged chapter 7 bankruptcy be used as a reason to deny a credit card?" -- Yes.

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  • Are there restrictions on what expenditures can be made by an HOA from funds collected by a vote approving special assessment?

    The homeowners approved a $1.7 million Renovation Loan for much needed repairs and and replacement of items past their life of usefulness. However, we have just discovered that the HOA Board has taken a substantial portion of that money and de...

    Michael’s Answer

    It is unclear why you are asking this question now. I would bring it up at the next open meeting. There may be a very simple answer to your question: certain repairs must be made before others, so the available funds which were borrowed for the repairs have been placed into the reserve account. BTW, the BOD, who are also members, has the same interest you have in keeping costs down. I would not assume they have acted against their best interests.

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  • I have been fighting my HOA and management CO. for over five years.

    Recurrent flooding into my unit from common areas and neglected water infrastructure. The city inspectors have fined and written them up. However they refuse to fix it. They even voted against repairing the common area roof into my unit. I have vi...

    Michael’s Answer

    You have not asked a question. This forum is ill suited for your purposes. If you have been fighting for 5 years, you need to belly up and retain counsel. If you are unable or unwilling to pay hourly fees, that is your major obstacle. BTW, it might be your neighbor, and not your HOA, that is responsible. You may have blown the statute of limitations.

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  • WC Attrny claims he has too many clients and clients need to accommodate him and his time. Will only a lot 1 hour for questions

    After 10 years of negotiation, my attrny is insisting I sign settlement docs that we can put in front of judge so as to then get an award and then fight the WC insurance. I'm not understanding the settlement docs or am in disagreement with some o...

    Michael’s Answer

    • Selected as best answer

    If you attorney will give you a one our consultation for questions regarding the settlement, take it! It is more than enough time. Alternatively, put your questions in writing and ask your attorney to respond the same way.

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  • Is there anything that can be done to avoid disinheritance of an illegitimate child born outside of wedlock?

    I'm in the process of a bitter case of child support and establishment of paternity. Thing aren't moving forward as smoothly as I expected. I'm representing myself in pro per. I'm wondering, one paternity is established my main concerns aside cust...

    Michael’s Answer

    "I live in CA and I know that in CA you can explicitly disinherit a person but is there any way to prevent this?" No.

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