Archived
Are student loans servicers required to obey the Fair Debt Collection Practices Act?
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Answered on July 02, 2012
Yes, the do have to comply. However, make sure the "servicer" is not the original lender. If a bank made the loan to you directly and is still...
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How can you correct a missing signature on your original complaint? Also with the complaint file in the Clerk office.
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Answered on July 01, 2012
It is unclear what signature was missing, but I would go ahead and file the corrective document. Particularly if there has been no ruling by the...
Archived
Condo Board Vice President in Foreclosure and Refuses to Step Down - What can I do?
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Answered on June 30, 2012
You will have to check your association documents. THey may provide that to be eligible to be on the board, you have to be an owner. If that is...
Archived
Does HARP refi constitute sell of marital home?
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Answered on June 30, 2012
Since your settlement agreement is not posted, and it should not be, I can only give you a general answer. You should talk to your divorce...
Archived
Can a HOA legally charge a homeowner fees for answering phone calls from the police and other vendors (tow truck company)?
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Answered on June 28, 2012
The answer in our state, and probably in yours, is "maybe". First, look at you association documents. They probably include a provision that the...
Archived
How do I make a discovery request (interrogatories and/or production of documents) in a magistrate small claims court action?
Randall's answer
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Answered on June 27, 2012
The Civil Practice Act provisions for discovery really don't apply in magistrate court. You can ask the other side, but if it is a mortgage...
Archived
Are HOA community rules binding when they're separate from the CC&Rs?
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Answered on June 27, 2012
As long as the rules are not inconsistent with the CC&Rs and don't violate any laws, they likely can be enforced. Look at the CC&R's for...
Why are HOA dues so expensive, even when the location has no amenities and it's a small complext/community?
Randall's answer
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Answered on June 27, 2012
There is no "legal" answer to your question. The HOA dues are dependent on what the association provides and what expenses it has. Insurance,...
Is is legal for the Condo association to charge me attorneys fees for my bank foreclosure?
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Answered on June 27, 2012
You will have to look at your condominium documents and state law, but most fees have to be reasonable for them to be charged back to the unit...
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Archived
Ulimate Question:
Summons recieved from Collection agency/law firm for citibank, about $11k. Should I respond?
Randall's answer
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Answered on June 26, 2012
I do some collection work, but frankly, I never like to see debtors fail to respond to a collection suit. Too often I have seen cases where the...
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