Archived
I have a foreclosure sale date scheduled for December 15 in North Carolina is there a way to have it stopped in any kind of way
Erich's answer
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Answered on December 13, 2016
If a foreclosure has gone to hearing and sale is imminent, filing bankruptcy is often most straightforward way to stop a foreclosure sale. There...
Archived
We are filing bankruptcy and not sure what to put down for our home on this option Reaffirm debt, Redemption?
Erich's answer
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Answered on December 08, 2016
Generally, reaffirmation agreements are not necessary for real estate, and often won't be approved by the courts. Redemption is only applicable to...
Archived
What can I do to protect my house and car from having a levy from an old debt from 2008
Erich's answer
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Answered on November 21, 2016
The 20 days are calendar days running from the date the document was served (given to you), not from the date the notice was signed or filed (which...
Archived
Can someone help explain this?
Erich's answer
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Answered on November 20, 2016
More information is needed. Why was the debt owed directly to UNC?
Is it possible that after your default to UNC that the department of...
Archived
Can the filing fee be waived or payments if you are disabled?
Erich's answer
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Answered on November 20, 2016
Chapter 13 filing fees cannot be waived. In Raleigh, deferring payment for a few weeks or receiving installments on the filing fee is usually...
Archived
How to respond to a Civil Summons (Credit Card debt) when debt is past Statute of Limitations?
Erich's answer
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Answered on November 17, 2016
I agree with the other attorneys that the filing date is important, not the service date.
If the Credit Card company is the plaintiff (e.g....
Archived
How to avoid a Deed of Trust claim in Chapter 7 bankruptcy in NC ... or any other proceeding?
Erich's answer
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Answered on November 05, 2016
Typically, one isn't going to be able to get rid of a 2d mortgage that is secured by equity without payment. However, I would encourage you to seek...
Archived
What should I do to have the judgment lien paid off during the closing?
Erich's answer
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Answered on November 02, 2016
I see two possibilities:
(1) the land wasn't titled in the same legal name (person or business entity) so that the judgment lien didn't attach,...
Archived
Can I receive the money that the NC Surplus Fund is holding since my 2005 foreclosure and Chapter 7 bankruptcy?
Erich's answer
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Answered on October 13, 2016
I can't tell from the facts exactly the sequence of events, but if you had an entitlement to the money when you filed chapter 7, it's possible the...
Archived
How long once the lenders are served does it take for them to make an appearance?
Erich's answer
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Answered on June 30, 2016
It is seldom the case any institutional party has appeared within a week. There's a lot of processes between the person receiving the papers and...
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