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Michael Barwood Gottlieb

Michael Gottlieb’s Answers

10 total

  • I have a property that I am interested in selling, have a potential buyer who needs me to carry contract.

    Michael’s Answer

    There are a number of issues that your question doesn't address. For example, a land sale contract would likely trigger a technical default of your existing financing. Also, a "lease to own" is typically setup as a lease with an option to buy. Ultimately, the question will depend more upon your financial considerations (such as whether you are willing to cover the spread in payments and when the buyer intends on paying off the contract or exercising an option). I recommend that you speak to an attorney about your particular scenario.

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  • Process for collecting unpaid debt in WA state

    Michael’s Answer

    Send a letter to the company's accounting and legal departments with a copy of your contract (if you have one), detailed invoice for your services, and demand for payment with a due date. If they fail to pay, you may be able to sue them in Washington if they are registered to do business there. However, your collection amount is too big for small claims, so I recommend hiring a debt collection attorney to file the lawsuit for you. You may be able to obtain your attorney fees if your contract provides for it, or if local law provides for it (and that depends on the type of claim etc).

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  • Past Employee incurs business debt now in collection for Mortgage LLC no longer in business

    Michael’s Answer

    The LLC is probably liable for the appraisals because they were ordered in the name of the LLC by an employee of the LLC. The employee had what is called "apparent authority" to act as an agent of the LLC to incur the debt. However, without a personal guaranty, it would be difficult for the appraiser to pierce the LLC into the two member-corporations, and then piece one of those corporations to its sole shareholder (you), which I assume is the structure from your question. The appraiser could pierce the entities as I described, but it would be expensive and difficult. You are responsible for acts of your loan officers under the Mortgage Broker Practices Act, but incurring debts with third parties does not necessarily fall under this act. However, if the LLC collected appraisal fees from borrowers but did not hold the fees in trust (as required by the Act), then you may be personally responsible for the fees and subject to criminal sanction. The collection agency shouldn't be able to go after you personally for the debt unless they sue you first. If they sue you, you'll have a chance to defend and see their claims and can do an analysis at that point, if you don't settle the matter beforehand.

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  • Second stimulus check? Is it true we're getting another stimulus check?

    Michael’s Answer

    As far as I know, there is talk of a second stimulus package but it has not been passed yet. The money comes from the government treasury, which is funded generally by taxes. That's why its considered a tax 'rebate' and not just a payment.

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  • Debt collection under AZ law, repair show trying to charge additional fees after releasing car

    Michael’s Answer

    Generally, the fact that they released the vehicle to you, does not mean that they cannot collect unpaid fees from you. It just means that they cannot hold the car as collateral, because they already gave it up. Of course, if the fees they are trying to collect were not agreed to, did not benefit you, or were not legal for some reason, you may have a defense. But if they are valid fees for the repair, then no, the fact that they forgot to ask for them at the time they delivered the car probably does not excuse you from paying them.

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  • What i should do if i want to take the name off the title of the house?

    Michael’s Answer

    From what you describe, the bank cannot go after you, but can go after your brother's interest in the house.

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  • Rent lease

    Michael’s Answer

    It depends on the terms of your lease. Your best strategy might be to negotiate a lease termination fee with your landlord.

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  • ATLA insurance for lenders

    Michael’s Answer

    This sounds like a complicated issue with substantial financial implications. I strongly recommend that you consult with an attorney in your area immediately.

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  • State real estate tax

    Michael’s Answer

    As a purchaser, if you are physically in the State of California, then yes you are subject to California sales tax. If you are ordering a product say through the mail or online from the State of California, then generally no. However if the vendor has a physical presence in the State of Washington, then you will be subject to Washington sales tax.

    As a seller, if you are selling something into the State of California, then yes, you can be held liable for California sales tax. If you are a Washington resident and not selling something into the State of California, then clearly you would not be liable.

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  • Mortgage banker's fraud led to more than $100,000 loss to disabled single mom

    Michael’s Answer

    You might have a claim for misrepresentation against the mortgage banker. You should consult with a local attorney about the chances of success, which will be based on very specific facts of the situation, documentation, and status of the parties (whether the mortgage banker is still local, is financially viable, etc). You may also have a claim against the mortgage banker's employer, depending on the specific facts. The difficulty will be finding an attorney who will take the case on contingency. Lastly, you may file a complaint against the mortgage banker and his or her employer with the Washington State Department of Financial Institutions at http://www.dfi.wa.gov/cs/complaint.htm.

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