Archived
Dozed off while driving and woke up just before my car hit the dividers. But car was totaled. No loss of life. Implications?
Mitchell's answer
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Answered on July 23, 2010
I strongly advise you to get counsel. Reckless driving is a criminal offense in Virginia.
[This communication is intended as general information...
Archived
In Virginia, if my son (23 years old) causes an accident, can an ins. co. come after me because the son lives with me?
Mitchell's answer
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Answered on July 23, 2010
You are not responsible for his actions just because he lives with you. If the car and insurance are his own, you are not responsible.
[This...
Archived
Was asked to retire 3/1/10 (age 69). Income reduced to social security. At what point can child support be recalculated.
Mitchell's answer
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Answered on July 23, 2010
You must file immediately to petition the court to change the amount. If you wait, the court cannot do it retroactively.
[This communication is...
Archived
How does your credit score reflect whether you have one foreclosure or five foreclosures?
Mitchell's answer
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Answered on July 23, 2010
Unless you have a written forgiveness from the lender, you are responsible for any deficiencies from short sales, deeds in lieu of foreclosure, and...
Archived
Can I rent my home that is going into foreclosure?
Mitchell's answer
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Answered on July 23, 2010
Check the mortgage or deed of trust, the bank may have rights to the rents if you aren't paying the mortgage.
[This communication is intended as...
Archived
If my house goes on foreclosure or I try to get a deed in liew of foreclosure, would the bank garnish my checks?
Mitchell's answer
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Answered on July 23, 2010
Unless the bank agrees to forgive the debt, which may have tax consequences depending on whether the loan was taken to purchase or refinance the...
Archived
Is my mother and/or I liable?
Mitchell's answer
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Answered on July 23, 2010
The winner of the class action can sue to get a lien on the property or to seize it to pay the debt.
[This communication is intended as general...
Archived
HOA dues and foreclosure
Mitchell's answer
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Answered on July 23, 2010
Typically, you are responsible for taxes, HOA dues and upkeep until the property is foreclosed on and the title transfers. The lender does not...
Archived
Parents home is in forcloser and they are both deseased who is responsible for the debt?
Mitchell's answer
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Answered on July 23, 2010
If there was a will, then whoever was named in the will now owns the property. If there was no will, typically, the children own the property. You...
Archived
How does a trustee sale versus judicial foreclosure initiated by the first mortgage lender (original purch. money) effect HELOC?
Mitchell's answer
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Answered on July 23, 2010
Foreclosures by a senior lien holder remove all junior liens regardless of the type of lien.
B. Notwithstanding any other provision of law to...
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