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Rory M. Alarcon

Rory Alarcon’s Answers

187 total


  • Default in Family Court question

    I had a case in Family Court. A neglect petition arose on the same day of the family court case. I appealed it the appellate court. They threw it out saying you can't appeal something on default. They said I have to go back to the judge and ask ...

    Rory’s Answer

    First, don't even think about doing anything unless you can let go of the anger.
    Second, file the Order to Show Cause to vacate as stated. You do need to provide information that would aid your defense. The fact that you were scheduled for another case may be a good excuse, but the defense is important as well.

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  • Hi looking 2 do a loan modifcation with acocella law group bcause 2 months behind on mortg

    told me 2 stop paying mortg while work with lender and pay them 800 month 4 4 months said could get my mortg rate down

    Rory’s Answer

    I am not sure what your question is, but if you are seeking a modification you must complete all necessary financial paperwork and document your financial circumstances with bank statements, pay stubs, tax returns and proof of occupancy.

    If you are working with an attorney, provide the attorney with those documents as soon as possible.

    Please note that you must be informed that any time you do not pay your mortgage you run the risk of foreclosure. Though it may never happen, you should know that the risk still exists.

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  • Do I have to move out a Foreclosure building even if I still have a lease for another year?

    I live in apartment and the building is foreclosure. I have received a 90 day notice to move out. But I signed a lease for another year.But Landlord said the lease can be broken so I need to leave. And Says my rent should be more than what everyon...

    Rory’s Answer

    I think you need to check what you actually signed to renew the lease. If the lease you signed renewed your tenancy, then it should establish that your tenancy continue. Review the documents again and contact a local attorney.

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  • Can I be held Liable for my someone else's personal loan debt ?

    My father borrowed money from a friend. He could not repay the loan so he entered a debt settlement agreement with the man and put my name in as a guarantor without my knowledge. He put just my name saying I would guarantee it though I never signe...

    Rory’s Answer

    You should also challenge any signature on the document as not being your own. DO NOT sign anything else. Follow the advice of my colleagues here.

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  • Is it legal for a remic pool to accept a mortgage loan which is already in foreclosure? Debtor in chapter 13.

    IRS rule states that if a remic accepts mortgage loan,then tax penalty would be equal to the non-performing loan.Also I would think that accepting non-performing loan would violate trustees fudiciary duty. The matter is in bankruptcy court New Yo...

    Rory’s Answer

    Though I do not have a certain answer, I wonder what you are actively seeking to do with such information. If it is to use the violation to fight the foreclosure, you might be better waiting to pose such an argument until after you receive the permission of the trustee to apply for a modification (and not waive the automatic stay imposed by law).

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  • Can I dispute auto insurance charges from my credit report that belongs to my ex since it's on his name at that time (I think)?

    My ex-husband and I had auto insurance about 10-12 years ago. I believe it was on his name. I never had a driver's license but it shows on my credit report. Can I dispute auto insurance charges from my credit report that belongs to my ex since ...

    Rory’s Answer

    You can challenge the charge by filing a dispute with the credit reporting company challenging the charge. Attach any paperwork you have and followup on your letter every week. If the insurance company does not try to fight your request, it may be taken off.

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  • Me and my sons father are having serious problems. can i leave ny and move to idaho to live with my father?

    the father is very controlling, has no respect for privacy, has taken away any vehicles i can use so anything i need to do he has to take me, work, stores, anything. he emotionally and mentally abuses me almost daily. i am the one who takes care o...

    Rory’s Answer

    Mr. Lutzky is correct, however, the father would possibly challenge your move out of state since it would interfere with his rights to see your son. You do need an attorney to do anything.

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  • Can I change my lawyer before my divorce trial ?

    I don't think he was effective and now the case has become contested. Also is obligated to give me a copy of my file if I choose not to continue with him?

    Rory’s Answer

    I agree with all other answers, but if the matter just became contested, then it is unlikely that you are on the verge of trial. A case becomes contested when your spouse does not agree to comply or agree, so try to speak with your attorney before moving on. I always inform my clients that the course of their divorce is based upon what they want AND what their spouse wants.

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  • Can I appeal of stipulation of settlement agreement? what we agreed to verbally and what is written is not the same thing.

    I was appointed an attorney to represent me in a landlord/tenant case. The agreement he explained to me is not what is in writing in the agreement and we foolishly signed it. I know that it was very stupid of us to sign something without reading i...

    Rory’s Answer

    You may always attempt to appeal anything, but your chances of succeeding are extremely low.
    While you might have a case against your attorney (though the chance of this is slim), anything signed in court when you are represented is incredibly difficult to change without some form of duress.

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  • I signed a paper that said no cancellations in fine print and didnt realize it till later

    I didnt see the fine print until way afterwards when I decided that I wanted to cancel it after all. Can I get sued?

    Rory’s Answer

    Not nearly enough information provided. You didn't even state what the contract was for, for how much money, etc.

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