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Irving Sonkin’s Answers

253 total


  • Do I have to have an Atny and go to court for an Action of Partition by Sale in a Decree of Dissolution? Who sets the sale price

    Husband and I own property jointly. I am going to file for decree of dissolution of marriage and will need to have the court insist on the sale of the property. Who sets the selling price and who determines the real estate agent? How is this done?...

    Irving’s Answer

    In answer to your first question, yes you need an attorney. If you and your husband do not agree as to whether the property be sold, as to whom to use for an agent OR as to a selling price, the Court will make the decision. You need to make credible arguments to the Court. If you are not experienced, your potential financial loss will greatly exceed your attorney's fees. An attorney may also give you more leverage in negotiating with your husband. Check with the county bar association about a referral. Good luck

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  • Bank is giving us 14 days to close before they sell the short sale loan. We can't make their deadline. Do we get earnest back?

    We are purchasing a short sale. After waiting 4 months the bank finally approved the offer with 30 days to close. The next day they told us that they were selling the loan in 15 days and that we'd either have to close within 14 days or put our o...

    Irving’s Answer

    Probably. You right to a return of the earnest money deposit depends on the wording of the Purchase and Sale Agreement. Typically deposits are refundable if you do not qualify for financing by a certain date or if the seller is not ready to close by a certain date. If you are still interested in the house, you may want to consider seeing if the new bank will honor the offer. Dealing with banks is never easy. Dealing with them in short sales is even more difficult

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  • Is a lease extension without notary valid?

    After completing a one year lease the prop mgr extended that lease with a 23 month addendum extending the dates but it was not notarized by either party.

    Irving’s Answer

    It depends. If the tenant remained after the one year and paid rent, that is referred to as partial performance. Partial performance overcomes the lack of an acknowledgement (not notarized)

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  • Will my husband be liable for my home forclosure, as the home was purchased prior to marriage and he is not on the loan, deed?

    I purchased said house, got together with my hubby and married him a few years later, we sold the house and got into another, and at the last minute we were told because of the property being deemed Condos and there were so many homeowners in arre...

    Irving’s Answer

    A foreclosure should not effect your husband's credit if he did not sign any agreement with your lender. However, if you need to co-sign any credit application with him a hit on your credit could effect his ability to borrow funds. You should meet with an attorney specializing in debtor rights.

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  • Can someone park thier car on the lawn in front of my house if i'm renting?

    I am renting this house, it has a lawn with a fence around it and then there is a section outside the fence that is not conected to the fence lawn.It goes lawn, fence , sidewalk then remaining lawn then street. Now i was told by my landlord tha...

    Irving’s Answer

    Your lease/rental agreement determines if you are responsible for maintaining the grass. Typically public right of way is wider than the paved portion of a road. B y looking at the plat map, you can see how wide the road is. If the grassy area outside the fence is on the public right of way, you have no responsibility to keep it up and you cannot have your neighbor towed. If the grassy area is part of your landlord's property, get permission from the landlord before taking action. Then warn your neighbor that he/she will be towed if he/she parks on your property again. Think long and hard before you start towing cars. You potential liability could easily exceed any potential benefit to you.

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  • When applying for a home morgage is a bank allowed to use cross collateralization forcing you to open chkng acct to secure loan

    ( this was a refiance from one insitution to another and they would only give us the loan if we opened a new checking account. (we already have 2 checking at other banks). There were no outstanding debts at all and certainly none with this bank. N...

    Irving’s Answer

    Typically banks charge a higher interest rate if you do not have an account at the bank. If the loan is attractive enough, you can open a new checking account and use it exclusively to pay the mortgage payment. In general , the bank can require you to retain an account with them.

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  • How can I collect judgement issued by Turkish court from a Washington state registered business owner?

    A Seattle based business owner runs operations in Turkey. I was the manager responsible for his business in Turkey, but towards the end of my employment, I didn't get paid by this person. after filing a lawsuit, Turkish court issued a judgement ag...

    Irving’s Answer

    The term for getting the Washington courts to recognize and have jurisdiction is called domestication. There is a process in Washington for domesticating a foreign judgment. You need to follow technical rules to get the Washington courts to recognize Turkish jurisdiction and to prove that the judgment was properly issued. You should consult with a Washington attorney to see how this can be accomplished. If you do not have an attorney, get one from King County lawyer referral.

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  • A coffee cart was given to a friend with no title. It was at church. It has no title. She has had it for two years.

    What does she need to do to get one in Washington State?

    Irving’s Answer

    Unless it can be towed as a cart, you do not need a title.

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  • I just recieved a phone call from my ex's attourney stating that I am late for a deposition...I had no idea of any deposition?

    What do I need to do?

    Irving’s Answer

    You do not give sufficient information. For example, are you engaged in a legal process with your ex? However, before you can be obligated to attend a deposition, you must be given notice. The notice either needs to be served upon you or, when you are a party to the litigation, to your attorney (if you are represented). There are other technical requirements for a deposition. You should meet with an attorney who can determine if you were properly scheduled for a deposition.

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  • I received a motion and certification for default judgement for a 6 yr old ticket from alliance one

    Hello. I received a motion and certification for default judgement for a 6yr old ticket from alliance one. What should i do? They're charging me $2k for it. Please help.

    Irving’s Answer

    You need to contest the hearing. I do not know what is meant by "certification for default judgment." You should meet with an attorney and have him/her direct you what to do. Try contacting the bar association for their lawyer referral panel. You should not let this go and you should not act before speaking to an attorney

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