Archived
If a a Judgement CC creditor files a writ/attachment to pick up a $7K vehicle, does the owner get advance notice of a hearing?
Timothy's answer
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Answered on November 14, 2014
The technical answer is yes, the debtor should receive notice of the action being taken against their property, however, oftentimes creditors are...
Archived
To a lawyer, that can help with this. my lender was dual tracking while promising a loan mod. and foreclosed after court case..
Timothy's answer
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Answered on November 14, 2014
If you were in an active modification review or had a modification you were making payments on at the time of the recording of a notice of sale, or...
Archived
BK AUDIT
Timothy's answer
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Answered on November 14, 2014
Unfortunately if you want a discharge you have a duty to cooperate with the US Trustee's auditor. If you do not have a bankruptcy lawyer...
Misrepresentation by our real estate agent who also represented the seller.
Timothy's answer
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Answered on November 12, 2014
Your situation and potential claims against the seller and real estate agent are highly fact specific in this case. It sounds like the...
Archived
CrCard judgement against me $18K - can they take (w/o hearing) my $4K paid-off 2009 car? Can they put a lien on the CA title?
Timothy's answer
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Answered on November 12, 2014
Technically the answer to your question is yes, a judgment creditor can get an order or writ of attachment for the car, however, as the previous...
Archived
Couldn't pay back a payday loan and now they said they are sending a sheriff in the morning to arrest me and its a felony?
Timothy's answer
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Answered on November 12, 2014
The issue of the money you owe them is civil, not criminal. The Sheriff does not get involved in these types of matters other than to serve a civil...
How do you calculate value of a home in bankruptcy? Do they include what you have to pay the realtors?
Timothy's answer
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Answered on November 12, 2014
The value or the amount the home is presently worth should be a pure reflection of fair market value, so the amount you'd expect to get if you sold...
Can I open an IRA and put unexempt money in there on the eve of bankruptcy?
Timothy's answer
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Answered on November 10, 2014
The way you asked the question makes your proposed action sound fraudulent.....a few things working against you:
1. You said "on the "eve" of...
Archived
My sister has wrongfully added her name to title of an incompetent person taken 800k in reverse mortgage now trys to sell
Timothy's answer
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Answered on November 10, 2014
I'd need to know exactly what you mean by "wrongfully added her name to title." For example did she forge a grant deed? Did she coerce your mom...
Archived
If home is in forclosure (father is borrower) can a sibling talk to bank for parent about loan? Can bank talk to sibling?
Timothy's answer
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Answered on November 10, 2014
Just about anyone (sibling or son/daughter included) can be designated as an "authorized representative" of the borrower with the completion and...
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