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John B. Stutt

John Stutt’s Answers

269 total

  • Can I ask the court for an addtl week to get out, as he will not repair this roof. I think it might collapse. What can I do?

    I went to court last week under an eviction. We decided the stipulated so I could remain in the apartment. On Jan 1St the ceiling started leaking so bad that tiles fell and water was running down the light fixture. Fire dept came out shut off elec...

    John’s Answer

    • Selected as best answer

    Yes, you can go back to court and seek relief in that, based on the facts you relate, the Landlord has failed to provide a habitable dwelling. This is a factual question, so it is recommended that you document the unit’s conditions with pictures and statements or testimony.

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  • Will my lease be void due to error and roommate going to rehab?

    I was renting an apartment with 2 other people and moved to Illinois 2 months ago. My landlord was notified and I have been trying to find someone to take my place. The rent has been paid in full while the past 2 months. The person I found lived i...

    John’s Answer

    Your lease duties are controlled by the terms of your lease and Wisconsin Law.

    From your question, a reader is unable to determine the terms of the lease.

    An attorney should review your lease for clauses that relate to substitution of tenant by you.

    The Landlord may or may not have had the right to reject the substitute tenant based on past evictions.

    Your ultimate obligations will be dependent on collectability of the other tenants, your rights to substitute a tenant and the terms of the lease.

    Suggest that you contact a tenant rights attorney in Waukesha County.

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  • What are my rights in this case?

    My vehicle that I financed through Up 2 Drive (BMW Financial Services) was repossessed on Sunday afternoon. From what I have read, isn't the creditor supposed to notify me by certified mail that the car is going to be repossessed and give me a tim...

    John’s Answer

    Generally, rights to repossession are determined by your finance contract and Wisconsin consumer law.

    Suggest you bring your finance papers to an attorney to review your rights and responsibilities.
    Wisconsin was amended unfavorably for debtors in April 2006.
    Check and determine if you received a repossession notice.

    Wisconsin law creates ambiguity concerning the content and timing of the Repossession Notice and the consumer's demand to be sued.

    For example, since the amendment contains no specific drafting requirements for the Repossession Notice, that notice could be drafted with the kind of legalese sure to confuse even you.

    Do this: Go to an attorney NOW WITHOUT DELAY and ask if the creditor strictly adhered to the requirements set forth in Wis. Stat. section 425.205 (1g) when sending the Repossession Notice to the debtor. Second, talk to the attorney about the creditor’s breach of the peace during a repossession.
    YOU must be aware of the narrow 15-day window within which a YOU MUST act to challenge the proposed repossession. YOUR attorney also may attempt to make post-repossession challenges for unlawful repossession, breach of peace, and underlying debt or contract violations. Moreover, if the post-repossession challenge is based on a fee shifting statute such as the Wisconsin Consumer Act, you may be able to collect attorney fees.
    Your suit based on breach of the peace also may provide a forum for a challenge to the underlying contract or the creditor's abusive debt collection practices before repossession. Accordingly, get ALL relevant paperwork, AND prepare a timeline of relevant events, including debt collection phone calls and other contacts.

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  • WI Condo Purchase

    We are residents of WI assisting our 18 yr old granddaughter to purchase a condo in WI to reside in. Is it better to put deed solely in her name or list all 3 of our names on the deed and later transfer condo solely to her? There will be no mor...

    John’s Answer

    While you're considering the purchase of a condo, either with or without your child's participation, consider the elements of such a purchase that are different than the purchase of a standalone house.

    Such questions include but are not limited to:

    1) does the condominium association have adequate reserves?
    2) does the association rules allow renters?
    3) does the association have prudent management?
    4) does the association have responsible board of directors?
    5) Is the association involved in any suits? with condo owners?
    6) Does the association have proper insurance for the property risks involved in the common areas, such as swimming pools, recreation centers?

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  • Can a landlord leave an eviction notice on the floor near your door in the apartment hall?

    I have a not so "tenant friendly" landlord. They did not post my rent check on time and 5 days later, I found a 5 day eviction notice on the floor, stepped on with footprints, that happened to be for me. No tape so, it wasn't affixed to the door....

    John’s Answer

    Remember that the Landlord has to use "reasonable diligence" in trying to serve you by personal service or substitute service before he posts and mails.

    Under Wisconsin law, post and mail notice is considered accomplished on the day of service OR the DATE OF MAILING-WHICHEVER IS LATER. See Section 704.19(7) (b) Wisconsin Statutes. You have not indicated that they mailed you the notice.

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  • Do I have a case when a verbal agreement to cancel with full refund is made then the company reneges & refuses to pay?

    I invested $2000 in a real estate one on one coaching program. No program cost was given at time of purchase. I was told as long as I had money they would work with me. The program was $3495. Three days later I learned I was not eligible for th...

    John’s Answer

    Your agreement may be established by the conduct of you and the company without any words being expressed in writing. If you have a verbal conversation that from such conduct it can fairly be inferred that you and the company mutually intended to agree on all the terms.

    This type of agreement is known as an implied contract; an implied contract may rest partially on words expressed in connection with conduct such as your payment or solely upon conduct.

    You can go to the Wisconsin Court System site, check out how to complete a small claims complaint and other instructions to follow up your problem.

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  • I am purchasing my fist home. Closing Monday 10/26/15

    I have a mobile home,If I surrender it back to the bank Ditech can they take my other house from me? I can not rent it here owner won't allow it. Can not sell it owe to much.

    John’s Answer

    You appear to have 2 issues that need addressing.

    You should consult an attorney about your mobile home debt. The legal documents need to be reviewed and the preparation of a release of the mobile home to the bank should
    indicate that you have no continuing debt to the bank.

    Secondly, you indicate you are purchasing a home soon. Recommend that you have an attorney review the closing documents. There are new legal rules on closings that you may not be aware of.

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  • Elderly couple, one wants to remain in his home, the other needs dementia care.

    The husband wants to remain in his house; his wife needs to be cared for in a skilled Alzheimer facility. How would that work out financially? Together they have approx. $300k in assets (with house), husband accounts for primary social security/pe...

    John’s Answer

    • Selected as best answer

    Financial arrangements for a couple who have a need for dementia care should
    be considered more than 5 years before such care is needed. Since your situation appears to be immediate in need, take action now to see an attorney.

    An elder care lawyer should be consulted about how to arrange the assets to best
    fit your needs.

    In addition, you should consider both financial and health care powers of attorney
    for each of you before your wife is considered incompetent to sign such documents.
    This step will help you avoid guardianship.

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  • Can my son get compensated for being neglected in an adult group home

    He is 18 but his IQ is only 48 they left him unsupervised overmedicated him underfed him did not inform me about his medical care me his mother and also stated when I picked him up said we really didn't know what we were doing then why r they taki...

    John’s Answer

    You have not indicated whether or not your son is under guardianship.

    If so, the guardian should seek advice.

    If he is an adult and not in a guardianship, any claim for neglect would be his.

    Consider moving him to another adult group home with better care. Your local county office has a protective placement function and they may give you some recommendation on homes that are considered to be efficiently run.

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  • How can I transfer real estate to a living trust?

    My father-in-law and his wife own a second home up north. Some years ago he established a living trust and transferred his interest to the trust. The idea was that when he dies, his wife gets her interest and his children will split his. They no...

    John’s Answer

    Care should be taken on this transfer. Your question relates that your father-in-law established a living trust but fails to indicate that his wife established a living trust.
    You need to question whether or not she has such a trust.
    You wouldn't want to put her interest in the real estate in her husband's trust.
    She should consider establishing a trust of her own. She may die after her husband or before him. She has no control over the terms of her husband's trust.
    Any attorney who advises them should be aware of potential conflicts that
    can arise over potential conflicting interests.

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