Archived
My mother passed away Aug 2013. My mom had a living trust fully funded in May 2009 after my dad passed. I was named the first
James's answer
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Answered on September 18, 2014
There is no requirement that a successor trustee (you), who is not currently acting in that capacity be notified when trustor (mother) amends...
Archived
I have a lien on my lic, Not sure how this happened. I received a letter from my insur advice. How to remove it! please advice!
James's answer
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Answered on September 17, 2014
Agree with colleague. Question does not state origin or reason for the Lien. Contact DMV. Determine reason(s) for lien. If lien not valid,...
I filed a lawsuit in pro per for wrongful foreclosure & the def filed chapter 11. I then filed a proof of claim in the debtor's
James's answer
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Answered on September 17, 2014
Agree with colleague. Review the Minute Order. Do not rely on debtor or court to notify you of next hearing. Prepare for future hearing.
Archived
Discharged chapter 7 two yrs ago. Didn't reaffirm condo. Bank taking judicial action 2 fix problem on title. responsible for leg
James's answer
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Answered on September 17, 2014
Agree with colleagues. To your advantage that you did not reaffirm. Your BK discharge relieved you of personal liability. Do not sign new deed...
Archived
DUI received in 2010
James's answer
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Answered on September 17, 2014
Agree with colleagues. Pay the collection agency. Check credit reports after 30 days to ensure it has been listed as "Paid". Will remain on...
Archived
Do I have recourse against a title co. or Realtor that closed a house sale despite my lien of an Assignment Order?
James's answer
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Answered on September 17, 2014
Agree with colleagues. Review the recorded deed to determine identity of title company. Properly recorded lien should have been satisfied before...
Archived
What recourse we can take in the event an escrow company does not disburse funds on work completed for an escrow transaction?
James's answer
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Answered on September 17, 2014
Agree with colleagues. First step is written demand for payments with documentation supporting demand. If you do not receive an acceptable...
Archived
What process is there to demand a copy of the TTE's files
James's answer
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Answered on September 17, 2014
Agree with colleagues. You can subpoena documents from trustee. Be prepared to respond to trustee objection to turning over documents. You will...
Archived
A creditor whom is a family member is helping the Trustee identify an asset beneficial to the Estate. Will they get more $?
James's answer
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Answered on September 17, 2014
Yes. It is possible that this creditor may me compensated by trustee. All creditors with in same class are treated equally. However, particular...
Archived
STUDENT LOAN, DEFAULT - WE FILED AN EXEMPTION FROM SALARY GARNISHMENT WITH LEVYING OFFICER, SHERIFF ON 08/15/2014. NO UPDATE YET
James's answer
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Answered on September 17, 2014
Agree with colleagues. Question not clear. Appears creditor has misapplied payments? Consider C13 BK which will allow you to demand an...
