Archived
I received a summons and complaint as a defendant from my deceased mothers bank seeking payment on mortgage. How do I respond?
Brian's answer
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Answered on May 20, 2015
The answer depends on if you would have any interest you want to assert on the property. I would recommend if you have no interest in the real...
Archived
How do I get my retainer fee back from my paralegal for bankruptcy if I never signed the retainer agreement
Brian's answer
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Answered on May 20, 2015
+1 to Mr. Gertsburg's response. It sounds to me as if this was a petition preparerer who took your money. I'd contact the United States Trustee's...
Archived
How can one best obtain execution of a civil judgment for return of property being held in another state?
Brian's answer
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Answered on May 17, 2015
Was the civil judgment a replevin action? If you already have the judgment, you could file certification of foreign judgment in the county where...
I am the defendant in a foreclosure action, I want to request a dismissal based on the following items I just don't know verbiag
Brian's answer
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Answered on May 08, 2015
None of these are valid grounds for you to request a dismissal. If the plaintiff cannot perfect service on all defendants, the court will not...
Archived
Is failure of plaintiff to file an ORC 2329 preliminary report in a foreclosure an appealable issue re: due process?
Brian's answer
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Answered on May 07, 2015
I believe your question is asking about the final judicial report. The final report has to be filed before the judgment entry and decree in...
Archived
FORECLOSURE PLAINTIFF SUBSTITUTION after JE of FC & order of sale -is there OH law prohibiting the transfer during FC/after JE?
Brian's answer
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Answered on May 07, 2015
First and foremost because I handle a lot of foreclosure defense work and appellate work in ohio as a few lawyers here on AVVO do: if you are...
Archived
My husband cosigned on a lease for our sons house, he was evicted and a judgment for damages were filed against him.
Brian's answer
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Answered on May 07, 2015
Unless you were cosigned on the lease as well, you would not be liable for the debt just because you were married to your husband. If you had to...
Tenant-Landlord Dispute: Can we sue the Landlord Agent for not giving back our Security Deposit and other charges?
Brian's answer
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Answered on May 06, 2015
In this situation it sounds like you need to sue both the actual property owner and the leasing/management company.
Archived
What constitutes "proper notification?"
Brian's answer
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Answered on May 06, 2015
We need more information to properly answer your question. If it's regarding a notice to vacate the answer would be no as the notice would need to...
Archived
I successfully completed a ch 13 but my mortgage company charged late fees all through out because the trustee. Is that legal?
Brian's answer
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Answered on May 05, 2015
You need to sit down with a consumer litigator, like myself, to review the proof of claim, the trustees certification of final payment, the...
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