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Carlo Glen D'Agostino

Carlo D'Agostino’s Answers

8 total

  • Does my wife's ex have the right to continually ruin our vacation because their teenage sons prefer video games over vacation?

    Carlo’s Answer

    Somthing seems amiss about a retsraining being granted and then then being no rpercussion. In my experience, most Judges hold harshly against a party filing a Restraining Order without cause with the purpose to harass and hinder. It seems as though there was enough in the restraining Order to go to a hearing.

    I would ask what does your Parenting Agreement (Joint Parenting Agreement) state about avacation time?

    One thing you can do is proactively file a Motion in Court to approve the vacation and time.

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  • After 11 years, now my small dog is an issue in my condo

    Carlo’s Answer

    There absolutely had to be declarations and bylaws in existence when you bought your unit; no lender or title company would have allowed a closing without them. The fact that you did not receive them is not a defense. Additionally, if the rules were changed at any point, unit owners would have had to get notice. Claiming you did not keep up with the rule changes is not a defense. All that being said, I would get copies of the rules, declarations, and bylaws and read them very carefully. It is not uncommon for Board members to misinterpret them. I would also advise you to speak with a real estate attorney and have them review the documents as well. Lastly, one Board member cannot take action on their own, again, it is important to read your governing documents to understand the governing process and your rights, both under the documents the Association has as well as the Illinois Condominium Property Act.

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  • Bought a membership to Lost Valley Lake in the 90's. Dues first year were $138 this year $950. How can we get out of this?

    Carlo’s Answer

    You would need to provide some additional information to give you the best answer. First, by membership do you mean "time share"? Many states have specific laws governing time shares which may apply to you. Second, I would carefully review the written agreement you should have received in taking over the membership, this will give you a good idea of the rights and remedies available to each party. As you have excellent credit, and it is impossible to know your level of debt besides this one, it is very difficult to say whether or not you should file for bankruptcy. Lastly, have you simply tried selling your membership?

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  • What kind of attorney would I need to file a lawsuit with a title company for real estate

    Carlo’s Answer

    It does not sound like the attorney or title company did anything wrong.

    You owned a home. You refinanced it (you did not sell it). Nothing wrong at all with this.

    Did you then get divorced? Did your wife get the house? In your divorce decree was she supposed to get your name off the loan? - This is what it sounds like you may be hinting at.

    Even if you are still on the loan for your old house, there are lenders who can give you loan for a new home, as long as you qualify with sufficient income.

    You need to provide better facts to get a better answer.

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  • What forms do I need to file for adverse possession

    Carlo’s Answer

    Besides the answers already given, I would strongly suggest you do a title search for each of the three properties involved. It sounds like there is an issue regarding the legal description for this "empty lot" between your house and the neighbors.

    Some of the searches can be done for free, using online resources if you have an idea what to look for. Otherwise, I would highly advise contacting an attorney.

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  • Can a family judge vacate a judgement obtained in chancery court?

    Carlo’s Answer

    If the question is in regard to a foreclosure and divorce, the answer is no.

    Although both courts of equity, the family law Judge is unlikely to have jurisdiction over a the parties in the chancery case (i.e., foreclosure I am guessing).

    You need to give more facts. If the allegation is a fraudulent loan, forged signature, or something of the like, then that needs to alleged as a defense in the chancery case

    Your better bet is to "vacate" is to consolidate the chancery and family law case before one Judge - I have had success doing that.

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  • Can I deduct my rent for the days I went with out AC that the landlord put many delays on for 0 reason

    Carlo’s Answer

    When did you sign your lease and did it contain provisions for the a/c? If so, you might have a damage claim for breach of contract. It sounds like you may have the leased the unit without a written promise to put the a/c in. I would consult with an attorney and provide them with a copy of your lease.

    The good news, is the a/c units are yours and you can take them with you. Maybe you should consider asking the landlord if he wants to pay you for them and provide a reimbursement for your time to install the units.

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  • Can your parents take your car away if you paid for it?

    Carlo’s Answer

    As long as title to the car is in your mother' s name, she is considered the owner. Although you may be working, if you are not "emancipated" (a status some states allow at age 16), you live under your parent's house and are under their care. The money your mother receives from social security is being used to assist her on your benefit by providing you with housing, food and support. While you may disagree in the manner in which it is used, it is beyond the means of social security to manage the use of funds sent to her for your benefit..

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