Questions answered by Jay R Schmerler

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Will I need to have the house in my name in order to receive the equity from the home, if I sell it?

Jay's answer | Answered on May 12, 2016

You talk of selling your home so I will assume you wish to sell that property and not the one still in your husband's name. Your question though is...

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Is it true that our only option is a Chapter 13 with me since my name Is still on the deed?

Jay's answer | Answered on May 12, 2016

You really must sit with an experienced bankruptcy attorney as has been recommended. Your 2014 chapter 7 precludes filing another chapter 7 for 8...

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I don't want my mother to know if I pass away is there a legal way to make sure if this

Jay's answer | Answered on May 11, 2016

I also am not aware of any law that you could rely on to prevent your mother from ever knowing. There are just too many factors and too many ways...

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Do I legally have a claim to seek those funds from the vanguard account?

Jay's answer | Answered on May 11, 2016

This type of issue is extremely fact sensitive and touches upon several areas of the law, including divorce law. You may need to speak with your...

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What paperwork do I need other than the Will and how do I take over the Mortgage payments?

Jay's answer | Answered on May 10, 2016

I agree with my colleagues but am confused by some of your statements. You talk about transfer of title after the house is paid off but then you...

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If you filled a chapter 7 pro se and after filling can you still get garnished? and how can you stop them from garnishment?

Jay's answer | Answered on November 21, 2015

I agree with the prior answers given. Assuming the creditor garnishing your wages received notice of the bankruptcy, then that creditor is in...

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What do I do?

Jay's answer | Answered on November 21, 2015

The foreclosure process does not relieve you of the duty to pay rent. Your landlord still owns the property until such time as the sale takes place...

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Is a real estate contract to purchase automatically void if it is found to have false information about the property in it?

Jay's answer | Answered on November 21, 2015

I agree with the prior answers. If anything the contract may be voidable, a legal distinction that your lawyer can explain to you. This is...

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Neighbor's Diseased and Dying Trees are Collapsing into my Property. Options?

Jay's answer | Answered on November 19, 2015

It is good that you sent notice of the condition to your neighbor. Now the neighbor cannot escape liability if someone is injured by a falling tree...

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Can our landlord force us to move out in 30 days with no reason? We live in NJ. She notified us Nov 14th to vacate by Dec 15th.

Jay's answer | Answered on November 17, 2015

First, your question seems to contain conflicting facts - you state landlord gave you 30 days notice to vacate, then further on you seem to state...

Jay R Schmerler's Answers (29)

Will I need to have the house in my name in order to receive the equity from the home, if I sell it?

Is it true that our only option is a Chapter 13 with me since my name Is still on the deed?

I don't want my mother to know if I pass away is there a legal way to make sure if this

Do I legally have a claim to seek those funds from the vanguard account?

What paperwork do I need other than the Will and how do I take over the Mortgage payments?

If you filled a chapter 7 pro se and after filling can you still get garnished? and how can you stop them from garnishment?

What do I do?

Is a real estate contract to purchase automatically void if it is found to have false information about the property in it?

Neighbor's Diseased and Dying Trees are Collapsing into my Property. Options?

Can our landlord force us to move out in 30 days with no reason? We live in NJ. She notified us Nov 14th to vacate by Dec 15th.