David C. Mott's Answers

Traffic violation, 32 mph in usual 35 mph. School zone 20.No children present.I've never had a parking ticket. Teacher career

Did the officer check the SMD box?

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Can a creditor come to your home to collect a debt in the state of Washington. This is not a 3rd party collection agency.

You are correct. The collection agency is bound by far more restrictions than the creditor. You still have your basic right of privacy, but you have to enforce your rights. Although you have not given many details, I am assuming that the creditor is not a business invitee. I recommend that you write a letter to the creditor demanding that the creditor seize and desist from coming to your home or contacting you (other than in writing). For a modest fee, your lawyer can write a letter which...

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10 yrs ago my husband's mother quit-deeded her home to him and was rented out, but his older brother took control of everything

Could you give me a little more information? Who are the parties who hold title to the property?

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Foreclosure coming

Don't give up yet! Apparently the modification offered is not sufficient. Are you still able to pay a reasonable amount? How much equity do you have in the property? There are statutes, rules and regulations which a lawyer can utilize for your benefit which will either (1) consummate an agreement which will result in a reasonable monthly payment or (2) if your loan is completely upside down -- -- obtain much more time for you. In the end, if you signed a deed of trust and a nonjudicial sale...

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Contesting speeding ticket in WA State.

The best way to handle this is to retain counsel unless you are returning to WA for the hearing. Many attorneys charge fixed fees as low as $250-$350. There are specific discovery rules that the lawyer will follow. You should look at your ticket and see if SMD is marked. If it is, a lawyer will send a notice regarding that. You are correct, the arresting officer still has to file the ticket timely. After an attorney reviews the discovery responses, if any, he has a number of options--...

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How long does it take to get foreclosed on?

It depends what has been sent to you so far. The beneficiary has to contact you first and send you certain notices, then a 30 day notice of default, then a 90 day notice of trustee sale. After sale, the time varies. In my experience it can be as minimal as 20 days or longer depending on what procedures are employed. You always have the right to have an attorney file a referral with the Department of Commerce for mediation. The legislature will require the beneficiary's representative to...

Can i fight for fill custody since the Dad willingly moved out of State?

Yes. I assume your child(children) are living with you. DISCLAIMER: The information contained in my answer is not legal advice; I am offering it for informational purposes only and you should not act or rely upon this information without seeking formal professional counsel specific about your case. If you do not reside in the State of Washington, you must assume that I do not know the law of your state and you should contact an attorney in your state. Assume that I am offering suggestions...

Home foreclosure

Did the court award you the house in the dissolution of marriage decree? Who was ordered to make the payments on the loan? As soon as I obtain these answers from you, I've would be in a much better position to suggests some valid alternatives? Do you know how much equity is in your property? DISCLAIMER: The information contained in my answer is not legal advice; I am offering it for informational purposes only and you should not act or rely upon this information without seeking formal...

Should I just walk away, not chase the asset and purposly go into foreclosure?

If you have equity in the property, you may not want to give up so soon. Have you reviewed the good faith statement that your mortgage originator sent you? A lawyer can assist you in obtaining the required documentation to determine if any state or federal laws were violated. After reviewing the documentation, the lawyer may succeed in negotiating a substantial modification, without refinancing. If, however, you are able to refinance under terms that are extremely beneficial to you, then that...

What rights do tenants have in the event of foreclosure?

This is very preliminary but make sure your lease is recorded. Review the deed of trust to determine if the beneficary is entitled to rents. You have not indicated how much time is left on the lease or if it can be renewed. The trustee sale may be months away. In general, the lessee (tenant) has the superior right of possession provided the lease terms are complied with. You should contact local counsel to determine if the future rents should be interpled into Court or deposited in the...