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Christopher L Cauble

Christopher Cauble’s Answers

151 total


  • What happens to real estate when no will is left???

    i am a farmer and i lease a a piece of land from the lady next door....she died recently..no will or anything...who do i contact to pay the rent to and handle the estate what normally happens in a situation like this...she died with huge unp...

    Christopher’s Answer

    Under Oregon law, she has died "intestate", meaning that she has died without a will. Our laws provide an order in which her estate is handled. If no member of her family steps up to file a petition to probate her estate, a creditor can file a petition to probate her estate. It is possible that the state Department of Human Services has a medical lien on her property. If this is the case, then the state will start a probate on her property. I would hold off rent payments until a probate has started. Once you get notice of a probate, you can catch up the rent payments to the Personal Representative. The probate should start within a few weeks to a month. If you do not hear of anything, you may contact an attorney to seek further advice. Your lease rights and obligations continue upon her death, but you dont want to pay rent to anyone purporting to act on behalf of the estate unless they are a duly appointed personal representative or trustee..

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  • What happens to the mortgage when a home is sold on tax auction that is still in the owners name but the bank has possession?

    If a bank has possession of a property for greater than a year and the owner of record cannot enter or occupy the property, and it is later sold through an auction, what happens to the debts and the mortgage? And if the owner of record is held li...

    Christopher’s Answer

    Your question makes no sense because you would have been able to occupy the property all the way until the foreclosure sale. Also, I would need to know what kind of foreclosure it was (judicial or non-judicial) to know whether or not there is a deficiency judgment. It looks to me that you are concerned about the bank going after you for more money. I need to know more facts. I can arrange a consultation with you if you contact my office by phone or email. 541-476-8825

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  • Signing an AND after 10 years of work is it enforceable ? ( demoted , pay cut , demoted )

    My company got taken over by another company and the new company made everyone sign an AND . We were promised 1000 shares of stock for signing it ( we have never seen the stock ) and have received nothing else . So After 10 years of service I ...

    Christopher’s Answer

    It is not clear what you are saying is supposedly "enforceable". If it is a non-compete agreement, it would depend on the length, term, and whether it was supported by separate consideration. There is a great deal of litigation pertaining to non-compete agreements and/or agreements not to use proprietary information to start new businesses. I would see a lawyer to discuss the specifics as they are factually and legally dependent on each scenario.

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  • My rights of receiving an inheritance or trust

    my brother is keeping me from knowing my share of inheritance

    Christopher’s Answer

    We need more information. We don't know whether the trustor is yet deceased. We don't know how long the trust has been in processed of being administered. If you are indeed a beneficiary entitled to a share of the trust, you are entitled to view the trust and are entitled to view an accounting of the trust assets. If your brother is failing in his duties as trustee, he can be removed. If you need help in this area, my firm can help you as this is in my area of practice and I practice in your jurisdiction and do trust and estate litigation. Give me a call at 541-476-8825 or send me an email.

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  • Is there a time limit on which an attorney must bill a client?

    My last court date requesting a reduction of alimony was denied. I was ordered to pay attorney fees, and after 5 months I have not been billed.

    Christopher’s Answer

    It sounds like you were ordered to pay attorney fees to the opposing party. They should have filed an attorney fee petition and the court would have set the amount you would have had to pay. Then, a supplemental judgment would have been entered. If you have not paid the amount set by the court, you probably would have gotten a demand to pay the fees and/or some collection letters. Additionally, you would have potentially had wages or accounts garnished. I would contact your attorney and find out what is going on. If they have not filed an attorney fee statement within the time specified by law, then their right to attorney fees is extinguished.

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  • In Oregon, the statues of limitation to sue an individual for a personal business debt is 6 years. Are there any exceptions?

    I hired a CPA to prepare my business taxes ( 2 surgical practices ) and personal taxes for the second year . While the taxes were being prepped I moved to Florida but the CPA had my new address and phone number at all times . When I received m...

    Christopher’s Answer

    The statute of limitations for a contract claim is 6 years. If there have been payments on the debt, the statute "re-starts" when those payments have been made so you have to look at when the last payment on the debt has been made. Asserting the Statute of Limitations is an affirmative defense in a lawsuit so the claim has to be made after a suit is filed.

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  • My dad has filed for power of atterney of his wife whom ha dementia. A daughter has filed against this what rights does she have

    My father has taken care of his wife for many years even with the dementia he is a loving husband whom adores his wife this daughter wants power of atterney how can she obtain this when she hasn't even been around for any of her care through all ...

    Christopher’s Answer

    It is possible that the daughter will try to apply for gaurdianship/conservatorship of both parents in this kind of a situation. However, if the daughter has little contact and if the dad is competent, it will likely not be approved by the court. I find that many people simply do not understand the legal jargon and will sometime threaten family members with legal terms in order to get their way. This is why people need to get informed and get their legal affairs in order before they become physically and or mentally impaired.

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  • What is my risk and exposure after a defendant demands a jury trial if I dismiss my complaint or if I file a formal complaint?

    I filed a small claim case and the company demanded a jury trial and retained a skilled and experienced attorney. The attorney has requested a lot of discovery items and I think I am in over my head. I can not afford an attorney. The case has been...

    Christopher’s Answer

    I agree that you should talk to the other side about stipulating to a "mutual walk away" where the case is dismissed without costs or attorney fees. Whenever you take a case to court, there is always the risk of a counterclaim like this. In any event, the other side may simply want the case to go away.

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  • Can a non-profit file a mechanics lien in Oregon?

    Habitat for Humanity built a bathroom addition for our current landlord. He was to pay $10,000 material costs and has made only a $2000 payment. We may not have provided a notice of rights to lien when we started the work. Now he is threatening...

    Christopher’s Answer

    I agree that this area is very technical. My firm does practice construction law. Generally, only a licensed contractor can file a construction lien. Plus, the fact that you did not file a construction lien makes the case more complicated. I am curious about the facts here..you built a bathroom for the landlord of your home? I am wondering if you had sub-contractors who may have done lien notices. Additionally, landlord/tenant. You may consider withholding rent. If he tries to evict you, you can get a temporary restraining order and injunction from the court allowing you to stay. Are you still within your lease term?

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  • After the death of a borrower is there a time frame in which the lender can call the loan?

    In the event a borrower dies , the lender is immediately notified and sent a death certificate , is there a time frame in which the credit union can call the loan or ask the successors to rife ? We have been paying the note for almost 3 years n...

    Christopher’s Answer

    Generally, death of the borrower is not an act of default unless the deed of trust provides that a death accelerates the balance. You have to review the deed of trust. It is possible that they could constue the "due on sale" clause based on a probate as acceleration of the balance. This is potentially something I can help you on if you want to contact me at 541-476-8825. Is the property still in the borrowers name? Was there a probate? It is possible that a probate (or trust transfer) will resolve the issues with the credit union if nothing was done..

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