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Joanne Reisman

Joanne Reisman’s Answers

2,151 total


  • Is there a way to delay foreclosure by appealing a summary judgement? Please respond immediately.

    My house is in foreclosure. The lender/plaintiff filed for a summary judgement which was heard last Monday June 6th, 2016 and granted. I am looking at all possible ways to avoid foreclosure. One of them being selling the property since it has sign...

    Joanne’s Answer

    A bankruptcy Attorney can help you find a Bankruptcy Petition. This will immediately stop any legal proceedings affecting your property. You will have to figure out if filing bankruptcy is a good idea however, as this requires analyzing your entire financial situation to make sure that you won't have some other problem because you file bankruptcy. But generally this is the best way to stop a foreclosure immediately and get a chance to sell the property and get your equity our of the property. Just be aware that while you will get the amount that Oregon Exempts from a home stead, $40,000 to $50,000, the balance of the proceeds will have to be used to pay off your debts before you get the net equity.

    As for the alternative of appealing a summary judgment, without knowing what the issue is, there is no way to tell you if this would be a good strategy. If the issue is whether or not the lender can foreclose because you are behind in your payments, then if that's true, I don't see what you have to appeal. Also I don't know that filing an appeal will stop a foreclosure. I would imagine that you will have to get a court to order that the foreclosure is stopped pending the appeal somehow. Probably the cost of attorney fees to do all this will be significant. Check out the bankruptcy option first.

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  • May I write a letter as a petition to a judge in an out of state custody?

    My teen aged daughter; 17 on Sept. 1, would like to come live with me. However, neither parties live in the state that the divorce was in. I reside in Oregon now and my ex moved to Illinois without telling me or the courts until months after the f...

    Joanne’s Answer

    The controlling law here is the UCCJEA - Uniform Child Custody and Jurisdiction Enforcement Act. All the US States have agreed to abide by these rules to determine which state has jurisdiction. According to these rules, the last State where a custody determination was made will have jurisdiction until jurisdiction is transferred by judicial decision to another State. So this will require something to be filed in the State where the divorce took place. It may be best to filing something asking for both the changes you want and for the jurisdiction to be transferred to one of the two new states where the parents reside. But there may be other strategies that are better. Also, since the custodial parent now lives in Illinois, the former court may prefer to transfer jurisdiction to that State. I don't see how you are going to figure this out with out going to talk to an attorney, and it should be an attorney in the State where the divorce took place since at a minimum you will have to deal with that court no matter where the jurisdiction ends up. But as for you traveling for a hearing, it is possible to do hearings by phone if a court will allow it, but I don't think you can do well by phone when you are asking for a major change like changing custody. This is going to be complex undertaking.

    Since your daughter is 17 years old and will be an adult capable of deciding where she wants to live and with who she wants to live in one year, it may be best to wait this one out and make plans for having your daughter come live with you when she turns 18. I know that is not what you want to happen, but I think it would be better to put your financial resources towards helping her with college instead of paying for attorneys to argue over what will be a few months of her life.

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  • Can I have my ex husbands truck with his possessions towed if he does not collect in 30 days? and not get into legal trouble

    I was just granted a no contest divorce. one of the things I asked for was he had 30 days to remove his vehicle and possessions that are in the back of his truck which is sitting in my driveway.. Judge signed. If he does not remove his possessi...

    Joanne’s Answer

    I think what you mean is that you were divorced by default because your husband didn't respond and contest the divorce. This is very different than someone that actually joined with you in the divorce because they wanted the same results. So odds are that your husband has very little idea what is going on. The fact that you are the caretaker of his property makes you what is legally called a "baillee". You have become the legal custodian of his property. It would have been so much better if you had written into your petition and judgment something like your husband has 30 days to pick up specific property and after 30 days you are granted ownership if he doesn't pick up the property. But what you have instead created is a bailee relationship where you are the custodian for his property. I think the only safe thing to do is take is property to where he currently lives or works and turn it over to him. If you are concerned about him being violent, get some people to go with you. The other thing you could do, is go back to court and ask the judge to issue a supplemental judgment awarding you the property if he doesn't pick the property up after a certain time. It probably wasn't a good idea to have a plan that required him to come to your house to pick up his property if there was an issue with violence.

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  • Is it possible to emancipate myself in the state of Oregon if my mother who has legal custody lives in the state of Washington?

    I am 17, I work 30 hour weeks. I also go to high school full time i am on track to graduate. My mother is a recovering heroin addict who left and now lives in Washington. She works and lives with my aunts and cousins. My father who i was living wi...

    Joanne’s Answer

    Why do you want to get emancipated? It sounds like you are already doing everything you need to do in your daily life and you will be 18 in a year or less and then you will be a legal adult. There can be negative results if you become emancipated. Here is an article from the Juvenile Rights Project in Oregon that explains quite a bit: http://www.youthrightsjustice.org/Documents/Emancipation%20in%20Multnomah%20County%20Oregon.pdf Call and talk to them if you want to explore this subject further. As to whether Oregon Law applies - they can help you with that question as well. On the one hand, you qualify as an Oregon Resident after you have lived in Oregon more then 6 months, so you could be within the jurisdiction of Oregon for legal matter. But on the other hand you are still a minor and the UCCJEA (Uniform Child Custody and Jurisdiction Enforcement Act) states that a court the previously determined custody retains jurisdiction over any future court proceedings relating to custody. I am not sure how the different jurisdiction rules will interact.

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  • If I got divorced in Texas, and live in Oregon can a Oregon attorney help me with changing my custody agreement?

    My ex wife's new husband does not want me talking to them. He has blocked me from Facebook which is really my of way of seeing my daughter and what she is doing. I have to call multiple times, leaves messages before I can talk to my daughter. I wa...

    Joanne’s Answer

    What my colleagues are talking about is the Uniform Child Custody and Jurisdiction Enforcement Act - UCCJEA - that is an interstate agreement between all the State as to which State/Court will have jurisdiction over child custody and related parenting time issues. They are correct that as of now, the Texas court has jurisdiction because that is where the original case was heard and decided. Where your children lived at that point was the deciding factor but it is more complicated now. Once a court rules on these issues that court retains jurisdiction even if the children leave the State, but if the children establish a new residence in a new State, the courts from both Texas and the new state can confer and agree to transfer the jurisdiction to the new State. I would suggest that you Google "UCCJEA" and read about this act to get more details. But the short answer is that you need to address these violations by filing what ever documents are appropriate with the same Texas Court that granted your divorce and ordered the current custody/parenting time Judgment. In some courts it is possible to ask for a telephone hearing so you don't have to fly to Texas to have your hearing. Talk to an attorney in Texas that knows the local rules and procedures to find out what your cheapest option is and get your day in court.

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  • Workamper in Oregon for a year, given 72 hour notice. Is this legal?

    I HAVE BEEN A WORKAMPER AT A RV PARK IN OREGON FOR A YEAR. I got a 72 hr notice to leave. On the notice it said I was an employee, even though I was told I was independent contractor. Is this even legal? Never received an eviction notice or anythi...

    Joanne’s Answer

    This is most likely a landlord tenant law issue so I will change the category for you.

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  • Does a child custody agreement have to be between the parents? Can the mother and the paternal grandparents have an agreement?

    we would like to have a custody agreement with our grand child's mother, is that possible?

    Joanne’s Answer

    Generally speaking, only the biological parents that are separated need to have a formal court ordered agreement regarding custody and/or parenting time. There can be limited circumstance where a grandparent can achieve some parental rights by meeting the qualifications to be considered a psychological parent ORS 109.119 et seq. But these situations normally only arise when one or both parents have not been parenting fully, and the grandparents have taken on a parental role for an extended period of time.

    In the normal situation where one or both biological parents are taking care of the children and the grandparents only see them when the biological parents plan a visit, there would be no right to get a court ordered agreement.

    Now if this is a situation where the biological parents want to leave them in your care for an extended period of time, there are agreements that we refer to as temporary guardianship agreements which can be used and would be a really good idea. I suspect that this may be what you are after. It would be best to consult with an attorney to find out what will work best in your situation and understand all your rights, including the psychological parent statutes I mentioned previously.

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  • Custody -- What happens now?

    I filed for sole custody of my kids, and presented a parenting plan for the court. My boyfriend filed a response saying he wants joint custody and a different parenting plan. What happens now? Do we wait for the court to give us a trial date, or i...

    Joanne’s Answer

    Joint custody is not going to be ordered by the court. It is possible to have joint custody but that would be by mutual agreement. Most counties have mediation services to help parents work on custody and parenting time plans. However the trial docket will be looming up and if you don't reach an agreement in mediation you will need to be ready to present your case. It is not enough to show up in court and just tell the judge what you think, particularly if the other parent shows up with an attorney and a well prepared case. Just because they don't have an attorney right now doesn't mean that aren't planning something that could really overwhelm you if you are not prepared. You absolutely should see an attorney and discuss the details of your case and work out a back up plan so you are ready if you end up having to go to trial. At the same time, explore what options you have to mediate with the other parent and get that process going. Remember that the other parent may be motivated to get more time with the children because they have realized that will mean paying less child support, so you have to talk to an attorney and figure out what a particular parenting time/custody arrangement will mean in terms of child support before you agree to it. It is OK to talk in mediation about a potential plan, and then talk to an attorney before committing. The better plan is to talk to an attorney first before you attend mediation.

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  • Why file for enforcement of parenting time AND modification of parenting time?

    I'm filing for enforcement of parenting time and one of the first options the form gives is to allow me to specify a detailed parenting plan. I'm choosing that option. Do I also need to file for modification of parenting time to match the detailed...

    Joanne’s Answer

    If you already have a parenting time plan and you want to make changes, then you are by definition filing to modify your current plan. You can attach a proposed plan to you motion to modify which is essentially your old plan, but modified with the changes you want to make. Call it a proposed modified parenting plan. As for enforcement, you can also file for that at the same time and essentially give the court both options - to enforce the current plan and/or make modifications. What ever you do, make sure that your proposals are fair and reasonable. If the current plan isn't working for some practical reason, like the other parent is struggling financially, or they have a new job, or their car is broken, take that into consideration. The court will not be thrilled with you trying to cut off the other parent's visitation if they had some understandable reason for the problems that were occurring. On the other hand, if there is no excuse for the problems, present them objectively. Don't gloat.

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  • Where can I find a "Letter of Testamentary for Oregon?

    My parents passed away and before they passed I had the deed to the house and Insurance put in my name. Now the mortgage company wants the my name on the loan so it matches the Insurance paperwork. My parents did not have a will or trust or anythi...

    Joanne’s Answer

    The problem is that the mortgage company made a loan to your parents based on their credit score, not yours. The mortgage company would have been happy taking payments on the house indefinitely if they thought your parents were still alive. But now that the mortgage company has somehow found out that you own the house, they essentially have the right to make the entire mortgage due and payable in full or force you to refinance which you may not qualify for or you may end up with a higher interest rate. You also might have screwed up by transferring the house completely to yourself. If one of your parents had at least partly owned the house when they died, you would have gotten a step up in the cost basis, which in layman's terms you would have been credited with the value of the house as of their date of death to use as your "cost" when you sell it, resulting in less taxes being owed. But because you got it as a 100% gift before they died, you have to use what they originally paid for the house as your cost basis which is usually less, and will mean you could owe more taxes when you eventually sell the house. You will have other problems if either of your parents owed the State of Oregon for their medical care under some medicaid based program. Then the State of Oregon could come after the house for reimbursement. I suggest you go very quickly to an attorney to discuss these and other issues before you get into more trouble and stop making legal decisions without getting proper legal advice.

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