Hannah Stephanie Miyamoto’s Answers

Hannah Stephanie Miyamoto

Honolulu Foreclosure Attorney.

Contributor Level 3
  1. I have a unpaid pay day loan from almost 6 yrs ago made in az and now that i live in hawaii the debt collectors keep calling.

    Answered almost 2 years ago.

    1. Michael J Corbin
    2. Gregory Howard Wiley
    3. Hannah Stephanie Miyamoto
    3 lawyer answers

    If the debt is more than EXACTLY six years old, you owe them nothing. Your remedy then is the federal Fair Debt Collection Act, which bars harassing people over uncollectable debts. Under no circumstances should you pay this over the phone. As for the criminal charges, it is illegal to threaten someone with criminal prosecution to collect a debt., collectable or not collectble That is already a FDCA violation, and there are statutory damages of $1,000 per violation, plus any actual damages....

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. Who has the right to foreclose ? REMS , Freddie Mac , Countrywide , BOA or now Owen ?

    Answered over 1 year ago.

    1. Louis Anthony Simoni
    2. Adam Lefkowitz
    3. Hannah Stephanie Miyamoto
    3 lawyer answers

    BOA is most likely the servicer, not the owner of the mortgage. We are currently in the process of persuading our local judge to agree that a servicer cannot foreclose on a mortgage. BTW, Freddie Mac may not be able to foreclose on the mortgage either, if the underlying note was placed in a REMIC trust and your obligation was securitized on Wall Street.

    1 lawyer agreed with this answer

  3. Can I take legal action against my employer for forcing me to falsify documents, character defamation or not being compensated?

    Answered almost 2 years ago.

    1. Shaun Carl Southworth
    2. Christine C McCall
    3. Hannah Stephanie Miyamoto
    3 lawyer answers

    The first two points look like solid claims to me, if you can prove them. That includes being called "a thief" in a meeting with all the managers and many employees present, since they had no need to hear that. The issue of compensation for being "on-call" is probably no. It is an area of some abuse especially since pagers were invented. If you were actually required to work during your vacation, holidays, etc., then you must be paid under federal law.

    1 lawyer agreed with this answer

  4. I had to break my lease and did what I was asked in the break lease agreement and she now wants us to be held responsible for it

    Answered almost 2 years ago.

    1. Hannah Stephanie Miyamoto
    1 lawyer answer

    This is a difficult question, but it sounds to me like you are claiming an "accord and satisfaction." Your original agreement after breaking the lease was the accord. Having completed "substantial performance" of that accord, you are entitled to a "satisfaction," which bars your realtor from getting more from you under both obligations. Photograph the apartment, save your receipts for cleaning, etc., and ask your realtor to stop trying to enforce the old lease.