Speeding 100mph on a 65mph highway. Can I ask for a Prayer For Judgement? First ticket in 10 years. No previous PFJ requested
Markham's answer
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Answered on December 20, 2012
No. NC Gen. Stat. Section 20-141(p) states: "A driver charged with speeding in excess of 25 miles per hour over the posted speed limit shall be...
Archived
After closing, does a seller have a right to a refund of excess HOA dues wich were paid while they still owned the property?
Markham's answer
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Answered on December 18, 2012
I believe that a good argument could be made that you are entitled to a pro-rata share of the refund for the time that you owned the home. Hope...
Archived
I had my roof replaced due to a leak and I did not get prior approval by my association and now they are asking me to replace it
Markham's answer
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Answered on December 17, 2012
Bottom line: You will probably have to replace it. First, however, make sure that you go through all the correct channels and apply for approval...
Archived
Getting around Service Members Civil Relief Act (SCRA) to HAVE bank foreclose
Markham's answer
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Answered on December 06, 2012
Yes, you can waive any of the rights and protections provided by the Act. The waiver must be in writing and signed by you during or after a period...
Archived
How do I go about getting my stuff back after it was seized by wake county sheriff's department?
Markham's answer
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Answered on December 05, 2012
Please give us more information so we can try to help you. Why did the sheriff seize the items? What does the Order say exactly about the return...
Archived
Is it legal for a HOA to have more than one restrictive covenant and the other property owners not know about it?
Markham's answer
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Answered on December 03, 2012
That is a difficult question to answer. There are a couple ways in which an owner could be exempt from the covenants of the subdivision. I would...
Archived
Can builder alter lot by creating steep slope on my lot solely for drainage benefits for adjacent lot - lost 30 feet of my lot
Markham's answer
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Answered on December 03, 2012
You will need to check the language in the purchase contract that you signed with the builder/developer. Most of these builder sales agreements...
Archived
We bought a home in a gated community. The HOA decided to leave the gate open Is the HOA responsible if there is a break in ?
Markham's answer
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Answered on December 01, 2012
No, the HOA is not responsible for the safety of you or your property simply by leaving the gate open. If you are concerned about the open gate and...
Archived
HOA LIEN
Markham's answer
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Answered on November 30, 2012
Yes, the HOA can place another lien after its expiration as long as the HOA is not attempting to collect dues that are more than 6 years old. The...
Archived
What happens at a condo forclosure?
Markham's answer
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Answered on November 29, 2012
An HOA foreclosure proceeds just like a mortgage foreclosure. They will present evidence of a valid debt, default on that debt, that they have the...
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