Skip to main content
Hannah Stephanie Miyamoto

Hannah Miyamoto’s Answers

4 total

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

    12 - 29 - 2006 - Bought house from Lincoln Mortgage and REMS . 15 Days later , dumped to Countrywide . 2 / 2007 - Freddie Mac website claims it owns our mortgage . 06 / 2008 , BOA sent us documents claiming they owned our mortgage and i...

    Hannah’s Answer

    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.

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

    Can I take legal action against my employer for forcing me to falsify documents for the Indiana Department of Environmental Management, for defamation of my character as a result of the company president calling me a thief in a managers meeting wi...

    Hannah’s Answer

    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.

    See question 
  • 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.

    Just recently a debt collector starting calling my job for an unpaid pay day loan that was made 6 years ago in when I used to live in Arizona. I live in Hawaii now and I want to pay them back but I don't want to give my credit card info over the p...

    Hannah’s Answer

    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. Contact me if you want to consider demanding money from them.

    See question 
  • 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

    We had recently broke our lease and used a break lease agreement that the realtor told us to do. We cleaned the house to the best of our capabilities and after she did our inspection she complained of a ton of things so we went back and fixed all ...

    Hannah’s 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.

    See question