Questions answered by Jonathan Klurfeld

Archived

If the present board resigns does the HOA dissolve? Moral Character clause in our bylaws --can they still run?

Jonathan's answer | Answered on December 15, 2015

HOAs can be dissolved but not always. This is a far too specific question that requires review of the covenants to even begin to answer. You...

Archived

What are my options in this situation? How can we get him out of the house and take over the loan?

Jonathan's answer | Answered on December 15, 2015

The foreclosure will name you as heirs, but the liability for the loan does not rest on you; only who signed the promissory note- either your mom...

Archived

Is there any law that protects me from her retrieving my emails and using them against me? Can this be considered harassment?

Jonathan's answer | Answered on December 15, 2015

Call the police as harassment is a police issue. Unless she is threatening violence a court/the legal system won't do anything for you. There is...

Archived

How do I appeal a judgement

Jonathan's answer | Answered on December 15, 2015

There are volumes of books written about appeals. You need to go see a lawyer about it as every case is different. You only have 30 days to file...

Archived

If I buy the note can the previous homeowner or the current owner sue me post-foreclosure because the original note was lost.

Jonathan's answer | Answered on December 15, 2015

No you can transfer an equitable interest in a note even if it's lost. As long as your lawyer verified the chain of ownership that the bank you're...

Archived

Shouldn't the original claim of exemption, still be valid?

Jonathan's answer | Answered on December 15, 2015

Claims of exemption do not last forever. The creditors free to seek for the garnishment if they believe the financial circumstances have changed or...

Archived

Can I walk away from both 1st and 2nd mortgages after I purchase another house, and what are the issues of doing so?

Jonathan's answer | Answered on December 15, 2015

You need to go back and ask your bankruptcy counsel. There is no way of knowing without reviewing the bankruptcy schedules. You may have no...

Archived

Can I take someone to court if they moved out on you 2 days before the rent is due but you had no lease agreement?

Jonathan's answer | Answered on December 15, 2015

Sure but how are you going to prove he/she owed anything without a written agreement? May be a waste of time and money.

Archived

As a renter what are my rights if I have exposed my family to mold with no action from the landlord/association

Jonathan's answer | Answered on December 15, 2015

Send a seven day notice. But you cannot force the property owner to fix their property. If you feel this is dangerous and do not have a lease you...

Archived

Bank other than original lender did not attach assignment. Can they provide an assignment later?

Jonathan's answer | Answered on December 15, 2015

It will stil be valid proven later in writing OR orally. Realize that a written assignment is not even needed, one can equitably (verbally or via...

Jonathan Klurfeld's Answers (12158)

If the present board resigns does the HOA dissolve? Moral Character clause in our bylaws --can they still run?

What are my options in this situation? How can we get him out of the house and take over the loan?

Is there any law that protects me from her retrieving my emails and using them against me? Can this be considered harassment?

How do I appeal a judgement

If I buy the note can the previous homeowner or the current owner sue me post-foreclosure because the original note was lost.

Shouldn't the original claim of exemption, still be valid?

Can I walk away from both 1st and 2nd mortgages after I purchase another house, and what are the issues of doing so?

Can I take someone to court if they moved out on you 2 days before the rent is due but you had no lease agreement?

As a renter what are my rights if I have exposed my family to mold with no action from the landlord/association

Bank other than original lender did not attach assignment. Can they provide an assignment later?