Darcel Andrel Lobo’s Answers

Darcel Andrel Lobo

Seattle Bankruptcy Attorney.

Contributor Level 9
  1. Adding someone to my house deed and change my name at the same time.

    Answered 5 months ago.

    1. Shawn B Alexander
    2. Darcel Andrel Lobo
    2 lawyer answers

    I don't believe that one quit claim deed is appropriate. You should first do a quit claim deed to transfer the title from your current name to your new name, along with the excise tax affidavit. Use WAC exemption WAC 458-61A-211 for the name change. If you are adding your husband on to title (new marriage), you can use exemption WAC 458-61A-203. No supplemental statement is needed unless the transfer is a gift.

    1 lawyer agreed with this answer

  2. No forwarding address for tenant

    Answered over 3 years ago.

    1. Thuong-Tri Nguyen
    2. Darcel Andrel Lobo
    3. Steven Singh Dhillon
    3 lawyer answers

    It is only your responsibility to send the secrity seposit to the last known address which in this case appears to be your property. Keep the mail, don't open it, and if and when the issue arises, you have proof that you complied with WA law.

    1 lawyer agreed with this answer

  3. Chapter 13 bankruptcy and workers compensation settlement.

    Answered 5 months ago.

    1. Alan D. Walton
    2. Dorothy G Bunce
    3. Derek R. Caldwell
    4. Darcel Andrel Lobo
    4 lawyer answers

    You will need to have your plan and schedules amended to reflect the payment and the change of income. The reduction of your monthly benefits will likely affect the disposable income that is paid into your plan. It is certainly in your best interest to consult with an attorney in your state if you don't already have one, in regards to what will happen with your settlement.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. In Washington State should I answer a Declaration for writ of Garnishment for Continuing Lien on Earnings (60 days)?

    Answered 5 months ago.

    1. Arthur D Leritz
    2. Darcel Andrel Lobo
    2 lawyer answers

    You certainly want to respond; along with the Writ documents should be a document regarding any exemptions that you claim as to your assets. You should complete that form so as to protect your exempt assets. If you don't have an attorney representing you, you should at least see one in regards to the documents described above to ensure that you protect yourself.

  5. Our bk case discharged 9/2009 filed 5/2009 mortgage was not reaffirmed. we wish 2 refinance. were told we must reaffirm first?.

    Answered over 3 years ago.

    1. Roger Jay Sharp
    2. Darcel Andrel Lobo
    3. Dorothy G Bunce
    4. Gail A Balser
    4 lawyer answers

    This is not true. First, debtors (at least in Washington) do not reaffirm debts secured by real estate. It just doesn't happen. If a debtor chooses, they can continue paying the mortgage after the bankruptcy, but that's it. Also, as the previous attorney noted, if you're refinancing this means that you are paying off your old loan with a new loan. As such, why would you reaffirm a debt that you will be paying off? It sounds to me as though there is a miscommunication somewhere.

  6. Notice of Sale

    Answered over 3 years ago.

    1. David A. Leen
    2. Robert Daniel Kelly
    3. Darcel Andrel Lobo
    3 lawyer answers

    It really depends on the lender. Some lenders will issue the Notice of Sale immediately after the 30 days have passed, others don't do anything for months. I've seen both scenarios. If and when the lender does decide to issue the Notice of Sale, it wille posted to your front door.

  7. How soon can a construction lien foreclose?

    Answered over 4 years ago.

    1. Shawn B Alexander
    2. Darcel Andrel Lobo
    2 lawyer answers

    Your construction lien can attach only to the property where the work was performed. Your lien claim must be filed no later than 90 days after you have stopped working on the project. If you have missed this deadline, you lose the right to file your construction lien, but you are still entitled to be compensated for the services you rendered. In order to foreclose on a lien that is filed within the 90 days, you must file a court action within 8 months after the lien claim was recorded. Hope...

  8. Can the court or Trustee take our only asset which is a car that is paid off and is worth $8500.

    Answered over 3 years ago.

    1. Darcel Andrel Lobo
    2. William W. Gwaltney
    3. Dorothy G Bunce
    3 lawyer answers

    You'll need to check your state's exemption laws in regards to your vehicle. You may be able to exempt the car so that it will not be sold in your bankruptcy. I'd advise that you contact a bankruptcy attorney in your area in regards to ensuring that you have an accurate value for the vehicle and that it is properly exempted, if possible.

    1 lawyer agreed with this answer

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  9. Am I still personally liable for my mortgage after Chapter 7 discharge?

    Answered over 3 years ago.

    1. Sharon T. Sperling
    2. Dorothy G Bunce
    3. Darcel Andrel Lobo
    3 lawyer answers

    No you aren't, the Statement of Intention does not dictate what debts survive the bankruptcy. If no reaffirmation agreement was signed then it was not reaffirmed and it did not survivie the bankruptcy. The lender would still have the lien against your home, and can foreclose. But you wouldn't be liable for any deficiency.

    1 lawyer agreed with this answer

  10. About Chapter 7 Bankruptcy

    Answered over 3 years ago.

    1. Darcel Andrel Lobo
    2. Dorothy G Bunce
    2 lawyer answers

    You need to discuss the decision to dismiss your Chapter 7 with your attorney. In order to voluntarily dismiss you ahve to Show Cause as to why the Court should grant your dismissal. A debtor does not ahve the unilateral ability to dismiss their bankruptcy once filed. Also, keep in mind that even if you do dismiss, hte bankruptcy is on your credit report adn will stay there despite the dismissal. It may be in your best interest to proceed with your Chapter 7.

    1 lawyer agreed with this answer