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Christopher L Cauble

Christopher Cauble’s Answers

151 total


  • Can a lawyer be sued for misconduct and will another lawyer be willing to proceed with this?

    An addendum was added to a will changing the beneficiaries at the end of the person's life when they were not of sound mind. There were things done that were not above board which our attorney found out as we went along in the suit to change back...

    Christopher’s Answer

    I would need to know more of the facts concerning this issue. Generally, in order for you to be able to sue an attorney for malpractice, you have to have "privity" with that attorney. There is a great deal of case law that makes it very difficult for adverse parties to sue an attorney. However, if beneficiaries can prove that an attorney breached a duty of care to the estate or the decedent, it may be possible to maintain a suit against an attorney. These are difficult cases and requires an attorney who is experienced in trust and estate litigation. Additionally, you may need to have that lawyer associate a malpractice attorney evaluate whether this kind of a case has a chance of success as malpractice insurance carriers rigorously defend malpractice lawsuits. I would need far more facts to evaluate this case. Our firm is experienced in trust and estate litigation.

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  • Black mold in apartment

    I have contacted and told the manager of this however there way of getting rid of it is by spraying with spray paint.

    Christopher’s Answer

    I agree that you should contact an attorney to the extent that the manager may be violating Oregon law by simply covering up the problem. If the mold is causing a health risk, you need to inform the landlord and potentially, government housing authorities. The Landlord needs to do mold testing and take aggressive action to remove the mold.

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  • What can potential new owners of a property with a perscriptive easement preventing us from making full use of it do ?

    Easement holder doesn't use it and won't cooperate in releasing it . We want to build a shop and make access to the property through it . Easement holder has a locked gate on the property and denies our use of it . He has no ligitiment reason t...

    Christopher’s Answer

    Your question is very confusing as it confuses different legal easement terms. If your neighbor has a recorded easement on your property, he simply has a right to access over your property. He cannot block your access to your property. On the other hand, you cannot block his access. If he is not using it anymore, there is a doctrine known as "abandonment" of an easement, however, it requires a lot more than simple non-use. There must be an actual intent to abandon the easement along with the non-use. I don't see this in the fact pattern. If you have confronted him and he says he does not want to give up the easement, then he is entitled to it. (The presupposes that he has a recorded easement). Also..you say that he has denied your use of it. Is this an easment that you also have a right to use? If so..he is in violation of your easement rights. He must either remove the gate or give you a key to the gate.

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  • How do I file a mechanics lien for unpaid RV repairs?

    The RV is in my possession in Oregon and It is registered in Washington. I have now found out it is in a trust because the original owner has died. How much does this complicate the matter and what state is it to be filed?

    Christopher’s Answer

    You have the right to claim a posessory lien under oregon law. You need to find out who the trustee is, send a detailed notice of the itemized repairs. Oregon law has a process for conducting a sherrifs sale if you are not paid. It is best to meet with a local attorney to get the procedure and forms to follow the proper sale and timing and forms.

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  • We need assistance in our 1st and 2nd mortgages, deciding what to do next?

    Our 1st mortgage is serviced by B of A. They have told us over the past year that we qualify for the National Mortgage Settlement. Now they are telling us that we do not qualify because our loan is current (we have never been late) and because o...

    Christopher’s Answer

    Mortgage modification clients have been burned by the process. Many clients have been advised to "default" on their mortgages in order to qualify for the programs, only to later find out that they do not qualify. Defaulting leads to horrible consequences, as the cost of making the mortgages current usually are too much for the borrowers to handle. Many borrowers have lost homes trying to qualify for the National Mortgage Settlement. Sadly, there really are no great alternatives other than to try to do the best that you can to pay your mortgages off until the programs improve for people who are CURRENT on their mortgages but upside-down on their equity. I do not advise clients to purposefully default on mortgages...especially since banks are now filing judcial foreclosures and seeking deficiency judgments in Oregon for debtors who abandon or leave their homes. This is a common mistake that Oregonians do..and they do not know of the risk. If Oregonians have other assets at risk, such as a business or savings accounts, they are putting those assets at risk.

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  • I believe the people buying my home are in breach of the contract for the sale of the home

    In the contract we have , it says that the buyers are responsible for upkeep of the home and any repairs that may occur , I recently spoke with the buyers and they told me they had broken water pipes and flooding on the inside of the home , I a...

    Christopher’s Answer

    It depends on what the contract says. I would need to know at what point in the sale process are you in? Have you closed escrow and did you carry a note on it? Did you sign sale documents and allow them to enter the premises prior to close of escrow on a cash sale? The nature of the sale, as well as the point of the sale process may determine what type of action you may need to take. You can either contact a local attorney or contact my firm for advice, as we handle cases all throughout Oregon. 541-476-8825. You can also send me an email.

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  • Need to evict a commercial lease tenant in Oregon for non payment that was due 25 days ago.

    From lease : 15 . LESSOR'S REMEDIES ON DEFAULT . If Lessee default in the payment of rent , or any additional rent , or defaults in the performance of any of the other covenants or conditions hereof , Lessor may give Lessee notice of such de...

    Christopher’s Answer

    If it is a commercial lease, you just need to follow the notice requirements of the lease agreement. If they fail to pay rent within the time required in your notice, you can file an FED in the court in your jurisdiction.

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  • Unpaid debt from a personal loan to my former Realtor .

    The amount is $1750. We have a signed and notarized agreement. He's owed me this since Sept. 7, 2012. It is the last part of a larger loan, which he has repaid but was late on that. I've tried several times to communicate with him about this and h...

    Christopher’s Answer

    I think that you are better off filing this in small claims court. If he does not appear, you would get a default judgment which you could enforce just as well as a judgment in Circuit Court.

    You may want to consider filing a complaint against him in relation to his Realtor's License. Entering into loan agreement with you and then failing to re-pay is likely a violation of his ethical responsibilities.

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  • Sibling borrowing from a trust... what happens if he goes bankrupt?

    What happens to repayment obligations to a trust that has loaned money to an inheritor if he goes bankrupt ? He has signed IOU s to indicate he will repay these amounts ( with interest ) , and if he doesn't , he will repay the amounts to the ...

    Christopher’s Answer

    I agree that you have to review the trust. However, an issue like this would ultimately be decided by the bankruptcy court. A loan would be discharged by the bankruptcy court. A loan by the trust could not be treated differently than any other loan. If it is an advancement on an inheritance, than it would be an asset of the debtor. If it is treated as a loan, than it is discharged. Most well written trusts give instructions to the trustee as to what to do in these situations. If it is unclear, a trustee can sometimes apply to a court for instructions after the debt has been discharged by the bankruptcy court. In any event, you will need to talk to an attorney and have the documents interpreted.

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  • Should Deed in Lieu documents state the current value of the real estate being turned over?

    We are working to preclude Foreclosure by executing a Deed i Lieu process, we have received documents for signature and notary to be executed in 7 days. No where is the value of the property stated, however the amt owing is clearly stated. Should ...

    Christopher’s Answer

    Banks are rarely accepting deeds in lieu of foreclosure. However, if you have been given the oppotunity to do so, the value of the deed is the discharge of debt. You should discuss tax consequences with a CPA. Congress has relaxed dicharge of debt income tax consequences in most circumstances..howevever, you need to confirm how the discharge will impact you.

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