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Darcel Andrel Lobo

Darcel Lobo’s Answers

39 total

  • Can a realtor represent me in a eviction in Port Jervis, NY

    can a realtor represent me in a eviction in Port Jervis, NY

    Darcel’s Answer

    I agree with the prior attorney's answer; only attorneys may provide legal representation. Now, your realtor may be a witness for you if they have firsthand knowledge about something that is pertinent about the eviction, but that's it.

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  • Clouded title

    I tried refinancing my house this year, but the process stalled after the title company discovered an additional charge against my title. After some research i discovered that my neighbor refinanced his home in 2009,and that the amount of his loa...

    Darcel’s Answer

    I practice in Washington, but you need to speak with an experienced real estate attorney in your area immediately. Not only for the purpose of your refinance, but that loan is clouding your title. Even worse, if your neighbor were to default on their mortgage, Bank of America could commence foreclosure action against the neighbor, but it likely would be for your property. You certainly would have a valid defense against the foreclosure, but it would be best to resolve this issue before it got to that point.

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  • If renters who broke lease file chapter 7, what are my options if any?

    My home renters moved out after 6 months of a 2 year lease and did not give me notice--just moved out on last day of February after telling me one week before that they would be moving but gave me no date. They also had utilities shut off which I...

    Darcel’s Answer

    In Washington, I would advise you to go to small claims court and recoup what you are owed for your tenants' breaking of the lease agreement. If they do file for bankruptcy, then the most you can do is file a Proof of Claim in case there are assets in their bankruptcy estate.

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  • What happens to debt not listed in bankruptcy filing (chapter 7) by debtor?

    My ex was ordered to pay an equalization payment in the divorce judgement which is now being appealed. My ex now filed a chapter 7 bankruptcy but hasn't listed the equalization payment as a debt. How does it impact my claim? What happens to the...

    Darcel’s Answer

    If your ex-s's bankruptcy was a no-asset chapter 7 bankruptcy and they inadvertently omitted a debt, then in theory that omitted debt is disharged as well. But, if the debt was purposely omitted, or it is non-dischargeable- as you assert- then you should definately contact an attorney in your state to protect your claim against your ex-spouse.

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  • Can my bank lock me out of my house if i let it go in foreclosure?

    I was discharged in bankruptcy in 2006. I started making payments on my mortgage after i was discharged but never reaffirmed. I cannot afford the payments now and i am going to stop making them. I heard i can live in the house up until the foreclo...

    Darcel’s Answer

    In Washington, the home legally belongs to the home owner until the bank repossesses the home in a foreclosure. In our state, lenders can foreclose judicially or non-judicially, these are different processes for foreclosing on a home. Once the foreclosure occurs, if an individual stays in the home, the bank- who is now the new homeowner- has to go through the legal process of evicting that individual.

    Also, as long as your mortgage(s) were properly including in your bankruptcy and were discharged, the lender(s) cannot seek a deficiency against you.

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  • Can court fines from driving violations be discharged in a chapter 7 bankruptcy?

    On top of the speeding tickets there are multiple driving while suspended tickets. Can those be discharged?

    Darcel’s Answer

    I agree with the prior attorney's answer; debts owed to the government are generally non-dischargeable.

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  • Is Chapter 7 bankruptcy possible for eliminating a foreclosure deficiency?

    I have a foreclosure deficiency of over $250,000 and also used much of my primary home's equity to help pay the mortgage of this second home. I financed this home for my fiance, and now we are not engaged. He certainly cannot pay, and I refuse o...

    Darcel’s Answer

    Based on the limited number of facts provided, it sounds as though you may be eligible to file for a Chapter 7 bankruptcy and have this debt discharged. But you certainly should
    meet with a bankruptcy attorney because there are many other factors to consider, including your income, family size, other debts, assets, and what exemptions may be available to you. You may need to consider filing a Chapter 13 bankruptcy, depending upon your circumstances.

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  • How soon can a construction lien foreclose?

    2nd question: If a lien is filled based on a billing date, but actual work was completed 92 days before the filling date, can the lien be foreclosed

    Darcel’s Answer

    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 this helps

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  • When can you file chapter 7 again?

    I have filed chapter 7 and was discharged in Oct of 2000.

    Darcel’s Answer

    Hello,

    Under the changes in the Bankruptcy Abuse Prevention and Consumer Protection Act, a debtor may refile for bankruptcy 8 years after a prior discharge. Assuming your prior bankruptcy was discharged in October 2000, you should be able to refile now. The bankruptcy process may take 4-6 months to complete, and now requires that you take a credit counseling course within 180 days prior to you filing for bankruptcy, and also require that you take a financial managemen course prior to discharge.

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