How long after my house sells in foreclosure do i have to move out in oregon?: My house will be up for sale at a foreclosure auction on the 22nd of this month. We are wanting to know how long we have to move out? This is in Oregon
Nanina's answer: Once your property has been sold, then the foreclosure trustee will issue a deed to the buyer w/in 10 days or less. Once the buyer has the deed, then he or she can file an FED (eviction) complaint against you. The first hearing on an FED complaint should be within 15 days of when it was filed. If you don't show up to the hearing, then the court will enter a judgment against you and the buyer can legally evict you. If you show up, you can either negotiate with the buyer's attorney for a specific time by which you'll leave and/or "cash for keys" or you can file an answer (the court has forms to help you with those). If you file an answer, then the court will set your case for a hearing, usually w/in 15 days. Whoever buys your property cannot evict you unless they bring an FED case against you & get a judgment OR you agree to leave. Often, the buyer will come to your property after he or she buys it -- that is a good time to negotiate with the buyer. You can negotiate regarding how much time you have to before you have to leave. You can also negotiate for "cash for keys" -- this means the buyer will pay you money if you move out and leave the property clean and empty. If the buyer is a bank, then you could potentially get $1,000 or more. If the buyer is a private party, then they will probably pay less.
can a credit card co. get a judgement against my soc. sec. checks?: I am being threatened by a c.c. co. with a lawsuit against my s.s. check. Can anyone get a judgement against these checks?
Nanina's answer: Only the government can garnish your social security check -- a credit card company can't go after it. The credit card company (or a debt collector acting on behalf of the credit company) can still sue you and get a judgment on the debt, but it can't use that judgment to go seize your account or garnish your check. If you do get sued, it's a good idea to make sure you keep your social security money in a separate account so there's no confusion about whether the account is protected or not. Good luck! This response is meant to be for general information only. Your legal rights will vary depending on your particular circumstances.
How hard is it to get joint custody after full was already awarded to 1 parent? OR.: We want to see the kids more, & the ex wife only lets us see them every other weekend like the original agreement. And we split half are time so the kids can see grandma. The oldest is 12 and wants to stay with us 50/50, but mom says no way... What is as chances in court?
Nanina's answer: It is impossible to get joint custody in Oregon unless both parents agree on joint custody. It is also extremely difficult to change sole custody from one parent to the other. In order to do so, the non-custodial parent has to show that there has been a substantial change in either parent's ability to care for the children. If the non-custodial parent can show that there was a substantial change, then the non-custodial parent still has to convince the judge that changing legal custody is the best thing for the children. On the other hand, it is possible to change parenting time schedule without showing a substantial change in circumstance. If the other parent won't increase the parenting time (which can be as much as 50/50), then a court will decide the parenting time schedule based on what's best for the children. In the case of your 12-year old, a court would probably take into consideration what the child wants, although the court would probably consider other things too when making its decision. If your ex won't agree to increase your parenting time, you should talk to a lawyer, if you can afford one. Good luck!