Questions answered by Rafael Gil III

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Ripped off by a duct cleaning co. & signed a document that I thought was just a receipt. Am I bound to it? Can I stop payment?

Rafael's answer | Answered on July 31, 2014

Really, we need more info than this. But, if the company did not do anything on your home, you have every right to stop payment on the check. If...

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If I was married and we bought a car listing me as the buyer and him the co-applicant. but he made down payment.

Rafael's answer | Answered on July 31, 2014

Unfortunately, the ONLY way to remove your name from the loan is to refinance it. It will be hard to have the car company do it because they would...

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How easy is it to get out of foreclosure with only one delinquent payment?

Rafael's answer | Answered on July 31, 2014

Actually, yes!! A mortgage company does NOT really want to foreclose on a home. It is VERY expensive and in the end, they would have to sell the...

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Back taxes garnished from Social Security Disability. Individual disabled & residing in Nursing Home. No other income/assets.

Rafael's answer | Answered on July 31, 2014

If her only income is SSI, she may want to look at filing chapter 13 bankruptcy. She can put these taxes into a chapter 13 plan and pay them over...

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I filed bankruptcy in 2009. My home was included. I want to know how long after foreclosure does it appear on your credit?

Rafael's answer | Answered on July 31, 2014

When you say your home was "included" in your bankruptcy, I am assuming you discharged this debt. When you look at your credit report, the only...

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Are debt buyers who are "passive" debt collectors governed by the FDCPA?

Rafael's answer | Answered on July 31, 2014

Yes, they are. If they are collecting on a debt that did not originate with them, then by defination they are a debt collector and governed by the...

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Can a debtor cut off an active lawsuit in small claims by declaring bankruptcy before the trial date?

Rafael's answer | Answered on February 20, 2014

It is a concern. If the person files for bankruptcy. it will Stay the lawsuit. You would have to go through the bankruptcy court to file a...

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Did Bankruptcy Attorny Commit malpractiice.

Rafael's answer | Answered on February 20, 2014

We need more facts before coming up with any conclusion as to whether or not there was mal practice committed. You may want to talk to an attorney...

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What is my right to receive a 1099-C, and what is the statute of limitation fora lender filing a deficiency judgment on 2nd mtg?

Rafael's answer | Answered on February 20, 2014

First of all, have you considered bankruptcy? Chapter 7 would clean up your credit (nothing worse than a foreclosure on your credit) and wipe out...

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How do I avoid not owing after a USDA loan foreclosure?

Rafael's answer | Answered on February 20, 2014

Yes, if you file your tax return they may offset the refund. Simple answer.....file bankruptcy and clean up your credit. Nothing worse on a...

Rafael Gil III's Answers (55)

Ripped off by a duct cleaning co. & signed a document that I thought was just a receipt. Am I bound to it? Can I stop payment?

If I was married and we bought a car listing me as the buyer and him the co-applicant. but he made down payment.

How easy is it to get out of foreclosure with only one delinquent payment?

Back taxes garnished from Social Security Disability. Individual disabled & residing in Nursing Home. No other income/assets.

I filed bankruptcy in 2009. My home was included. I want to know how long after foreclosure does it appear on your credit?

Are debt buyers who are "passive" debt collectors governed by the FDCPA?

Can a debtor cut off an active lawsuit in small claims by declaring bankruptcy before the trial date?

Did Bankruptcy Attorny Commit malpractiice.

What is my right to receive a 1099-C, and what is the statute of limitation fora lender filing a deficiency judgment on 2nd mtg?

How do I avoid not owing after a USDA loan foreclosure?