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Kelly Hope Zinser
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Kelly Zinser’s Answers

25 total

  • Can collection depend I pay for a medical that was already paid but applied to a wrong account and will not let me despite it

    I paid my medical bills and was sent to collections because they applied it to the wrong account now collections says I must pay it in full before I can despite it then I may get my money back. They also said they sent letters which I never got th...

    Kelly’s Answer

    You need to speak with your medical provider and they will be able to stop the collection agencies harassment. Then you need to check your credit report to make sure this is not showing up on your report. If it is, you need to get your credit reports corrected. For free credit reports, see the link below. Good luck - this is actually an easy thing to fix once you speak with the right people.

    Please note that although this answer may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should consult an attorney for individual advice regarding your own situation. Answering this question does not create any attorney-client relationship between you and Kelly Zinser, Partner at Olenicoff & Zinser, PC.

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  • Bankruptcy and saving grandmothers home.

    Please advise. This economy is making me crazy. My husband who is in his 50's has been unemployed for 8 months (laid off-the company he woked for went bankrupt). My business is about to close due to the fact that no business is happening any lo...

    Kelly’s Answer

    You sound like you need to talk to a bankruptcy lawyer soon. If there is little value in the mobile home it may be an exempt asset or less legal terms - it may be safe from the bankruptcy court. Also, I am concerned about the timing of filing for bankruptcy. Usually you want to file when things start looking up. In other words, with no jobs or income you will end up in the same situation as you are now. When you apply for jobs and if they check your credit be truthful and explain that your husband has been out of work and that your business was no longer profitable. Most employers will understand. Where you will get into trouble is if you try to hide your credit issues or fabricate and explanation. You are not the only one in this situation right now. Unfortunately many people with very good credit are finding themselves in serious financial trouble and are resorting to bankruptcy. Again, please think about the timing of filing. You really may want to wait until you have jobs. Hang in there!

    Please note that although this answer may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should consult an attorney for individual advice regarding your own situation. Answering this question does not create any attorney-client relationship between you and Kelly Zinser, Partner at Olenicoff & Zinser, PC.

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  • Bankruptcy and foreclosure in Michigan

    I was unemployed for 1-1/2 years and unfortunately, had to file bankruptcy. I included my house in my bankruptcy. My bankruptcy was discharged, I'm working now and I'm thinking about trying to save my house although I don't want to pay what I o...

    Kelly’s Answer

    Saving your house is worth a try. I am not sure if you will have enough income to qualify but you should try to obtain a loan modification. Call Hope Now (see link below) for assistance. You will get some FREE expert advice and assitance from them. Right now lenders have enough foreclosures and are looking for creative ways to keep borrowers in there homes - even it means taking a loss. The one thing lenders do not want to do is end up in a situation where the borrower/homeowner will be unable to make their payments and will end up in foreclosure anyway. You will have to show that bank all of your income and expense - similar to what you just did in bankruptcy. Then the bank will decide whether you are a good candidate for loan modification. Fortunately for you and many others like you, banks are now open to loan modifications. Please be careful of loan modification companies who promise miracles. There is no guaranteed quick fix for this. That is why I like Hope Now as it is a non-profit company with HUD approved counselors - and it is free! Good luck and hang in there - there is light at the end of the tunnel!

    Please not that although this answer may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should consult an attorney for individual advice regarding your own situation. Answering this question does not create any attorney-client relationship between you and Kelly Zinser, Partner at Olenicoff & Zinser, PC.

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  • Probate Court and Living Trust

    My mom and dad established a living trust in 1996 naming us three brothers as equal heirs. Mom died first and now dad has passed. I can't get any information from my brother who is the Personal Rep and a letter from his lawyer for Probate says I...

    Kelly’s Answer

    I agree that something is not right. I would contact a lawyer knowledgable about probate in the county of the Probate Court. You are right, if there was a living trust and the property was transferred into the trust - it should not be going through probate (at least under California law). The good thing about the Probate Court is that everything will be public. That is very good for you. Good luck!

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  • CA Probate - neighbor wants to buy vacant house (current owner deceased)

    I have located a vacant house on my street, I did some research and found that the owner has died, (2 years ago), I called the court, and verified no probate has been filed in Los Angeles county (house is in LA County). I would like to be able to...

    Kelly’s Answer

    House sales that are part of an estate are more complicated than a normal sale. They can be relatively easy, assuming you go through the proper channels. Unfortunately, an interested buyer cannot file for probate. Only the heirs of the owner may file for probate. I wonder if this house was in a trust - that may be why no probate was filed. If you do find an heir, you will want to have a real estate agent or an attorney assist you with the purchase process. Once you have a contract with the heir, the court must approve the sale if the home is in probate. If there is a trust then there is no probate and title should first be transferred to the heir(s) and then the sale can proceed. Please make sure you obtain title insurnace (typically the seller pays the buyer's owner's policy, the buyer pays the lender's policy). You should consult an attorney regarding your particular situation but I hope this gives you an idea of the process.

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