I gave up interest in the house and property when we divorced. However my credit report still shows that I have responsibility for the loan, which is behind and close to foreclosure. How do I go about getting my name removed from the loan and resp...
Nothing in your divorce is binding on your creditors. You remain on the mortgage and your credit is going to take a hit if it is foreclosed. I see this situation often with people that do their own divorces and don't get legal advice so I am guessing that is what you did. Go to see an attorney to find out if you have any options, but you can't take your name off the mortgage based on the divorce.
What we do with clients in this situation, as part of the divorce, is we make the spouse that wants to take over the property refinance the property in their own name in order to remove the other spouses name or we get the court to order that the property be sold, but that only works if there is equity in the property. If there isn't any equity and a refinance won't work, we at least advise our clients not to sign over the title so they still have rights in the property in case you run into this type of situation, where the spouse in the property can't pay the mortgage.
Anyway, talk to an attorney. Maybe your ex will agree to sell the property or try to do a short sale. A local realtor can be helpful in putting together a short sale. Renting the property can work, but that might not be an option if payments have been missed because the lender is going to want the payments caught up. A bankruptcy filing can stop the foreclose and buy time to sell the property.See question
I pay child support for a 17 and 20 year old and every time I try to set up a visit for some time with them I am told by him that it is their choice whether they want to or not. I am tired of his influence and me not getting to see my kids. I don'...
First of all, the 20 year old is legally an adult. In fact, you could move to amend the support so it is paid directly to the 20 year old. Also the 20 year old has to be a full time student and show you proof that they are going to school full time and maintaining a passing grade. But you can't force a legal adult to visit you so that part is true. In other words, there is no longer a visitation requirement for the 20 year old.
The 17 year old is not yet an adult, although as a practical matter your ex may be telling you the truth in terms of how difficult it is to get the 17 year old to do anything. You could certainly bring a motion to enforce the parenting time plan to court for the visits with the 17 year old and get your ex to come into court and explain to the Judge how much effort your ex has put into ensuring that you get your parenting time. Probably the best you can hope for is the Judge to warn your ex not to "enable" the 17 year old by continuing to provide creature comforts despite a refusal to obey a parental directive. By this I mean that your ex probably can't force the 17 year old to visit you, but your ex could take steps like not giving the 17 year old an allowance, or the use of a car, or whatever else the parent still has control of that can be taken away until the proper behavior is restored. It may or may not be appropriate to have the 17 year old come into court and talk to the Judge. Generally bringing children to court is frowned on, but if you have a rebellious teenager that is almost an adult, maybe standing in front of a judge would help install some respect and cooperation or at a minimum, cut through the lack of communication that you seem to be having with your ex and get some things out in the open.
But I want to caution you. Forcing children to visit you may not be that endearing. They may just resent you more. Making a 5 year old do something is one thing, but a 17 year old is already pretty set in their ways and flexing their ability to make their own decisions, however naive and juvenile these decisions may be. Rather then force them to embrace you, i would talk to a psychologist and see if you can get some helpful ideas on how to get your children to want to spend more time with you.
Please understand that the child support obligation is treated independently of the parenting time plan, so you can't really say that you have parenting time rights because you pay support. There is a connection but it is a very loose connection.See question
I was the primary caregiver of my 10&11 year old children until September 2015 when my abusive EX got custody after I foolishly represented myself. Since he has not involved me in ONE decision with my children. He doesn't follow court orders whic...
I believe this is a duplicate post: https://www.avvo.com/legal-answers/do-i-have-enough-to-regain-custody-of-my-children--2830631.html?require_login=true?utm_source=notification&utm_medium=email&utm_content=answer_jd&utm_campaign=question_notify_immediate_pro&c3ch=Email&c3nid=question_notify_immediate_proSee question
I was the primary caregiver of my 10&11 year old children until September 2015 when my abusive EX got custody after I foolishly represented myself. Since he has not involved me in ONE decision with my children. He doesn't follow court orders which...
Please understand that Avvo is useful for helpful tips and suggestions but you aren't going to be able to address complex custody/parenting time issues through a dialogue here on Avvo. It isn't clear if the custody matter is in Oregon, or if you live in Oregon and the matter is in another state. If the case is based in Oregon you can get a form at the courthouse or on line to file to enforce parenting time or amend the parenting time plan. It sound's like you ex is playing a lot of control games and you need to patiently and repeatedly bring this to the court's attention, but not go overboard and annoy the Judge. This is why having an attorney is very important. The Attorney can explain things for you without getting emotional and that is the best way to get the Judge's ear and keep it. So if you can afford to get an attorney, that would be your best option. But you can do this without representation and it isn't as difficult as a custody matter. You can also use the same proceeding to enforce the directive about medical and dental insurance. If this matter is pending in another State then the rules may be a bit different and you will need to talk to an attorney there. Generally speaking, if your ex's passive aggressive behavior continues to block the parenting time you were given, and you establish a pattern by bringing this to court repeatedly, you will be in a better position to ask for a change of custody because one of the factors under Oregon Law that the court is supposed to consider in ordering custody, is whether the proposed custodial parent will better facilitate the parenting time of the other parent. FYI your ex's plans for your children during the summer break, ie cheer and football, should not be allowed to pre-empt your parenting time. You need to bring that to the attention of a Judge so that the Judge can make that clear to your ex and you should ask for make-up time.See question
My middle brother is Executor of my mother's "estate". There is not much to it, an old mobile home, furniture, and some personal property. Her will states that he is to sell off the contents, make repairs, and sell the mobile home. Complications: ...
Your family is probably going to need to talk to an attorney. Being the executor of a will is merely a designation of somebody that the court could appoint if a probate is initiated. But not all situations require the complexity of filing a formal probate with the court and getting involved with an attorney that will require the payment of attorney fees. You will still need an attorney and there will still be some fees involved to figure this out but it could turn out to be inexpensive. Oregon have an alternative proceeding called a small estate proceeding. Sometimes property can be transferred merely by going to the Department of Motor Vehicles and filing some paperwork and showing a will and or a death certificate. Your other sisters situation appears to be that she is on Medicaid and has severe Financial limitations on her own funds. This could be a problem if she stands to inherit. However an elder law attorney could possibly find a way for her to apply a small inheritance without being cut off on Medicaid. If she is under age 65 she may be able to put money in a Special Needs Trust without losing her Medicaid benefits. I can only give you some general ideas here. As I said initially your family, particularly the named executor, will need to talk to an attorney to figure this out.See question
I was selected for jury duty for a two week case (although the way it's moving I expect it to be longer). I've already served 2 full days. Last night, my boss called to inform me that our staff of 5 had shrunk by 2, leaving us only 3 people, mysel...
I would follow Mr. Gilbert's advice. If the Judge wants to keep you on the jury, you cannot be fired for committing to Jury service. You company will need to hire temporary workers to make up the slack. Actually I would explore this latter option before I asked to be excused from Jury duty. Your company should be prepaed to deal with your absence for Jury duty just the same as they would have to deal with you taking time off to care for a sick relative or for your own medical emergency. I wouldn't approach the Judge for being relieved from jury duty unless and until I had ruled out all options with your company for replacement workers. I cannot emphasis enough how important it is for us to have a jury made up of more then just the people that are retired school teachers to insure that a persons rights are fully considered by a diverse jury of their peers. When the jury pool is reduced by taking out people with job obligations, it leaves a limited pool of retired people and other people that don't have to work for what ever reason and that just isn't a fair and balanced selection.See question
My probate attorney wanted to meet the realtor and go over all the CMA's. He wanted all mail delivered to him, and he sorted out what was owing on the property. After repeated requests for a invoice It was a yearlater berfore he told me how much I...
I think you have the right to be concerned about a bill for $26,000.00 if all that was going on was the sale of a single piece of real estate. That does sound excessive. You are correct that these tasks are often delegated to the PR, but ultimately the attorney has to review everything to make sure it is done correctly. I would ask for an itemized bill and I would contact another attorney and have them review the bill to see if they agree it is excessive. You may want to fire this attorney and hire someone more efficient if the attorney you talk with and you agree that this is excessive. You also have the right to have the court review the bills as the bill doesn't get paid unless the court approves it. You will have to figure out if it is economically worth doing this challenge, because that will mean a hearing where you have to pay the attorney you hire to help you challenge the bill and the attorney issuing the bill will get paid for their time to defend the bill.
I will say this however, I have worked on probate cases off and on for 36 years. I have had cases where the estate didn't have a lot of value but the time to deal with the estate was immense because the decedent had many many small investments that just took a ridiculous amount of time to track down and deal with. In that type of situation the fees where out of proportion with the value of the estate, but they were justified because it was a time consuming project. On the other hand I have sold very valuable real estate, worth over a million dollars, using a title company and not filing a probate, and my fees were about $12,000.00. So there can be a lot of variance depending on the complexity of the decedent's affairs. So get an itemize statement and get a second opinion. The attorney you consult with for the second opinion might be able to get the probate attorney to reduce their fees.See question
If DHS (Oregon) removes a child from the sole custodial parent with false and unsupported accusations, and the court finds those accusations false, can the DHS worker be held liable for not following DHS statutes? A DHS case worker did not verify ...
I'm afraid you aren't going to get the answer you seek in this forum. To determine if there was any wrong going you will need to hire an attorney who can review the DHS case record, the court's records, and the law and advise you. Generally speaking DHS workers cannot be sued for doing their job and their job allows them to remove children from a potentially dangerous situation before the allegations are fully vetted. This is because they would get sued if they left a child in a situation that was reported to be dangerous while they investigated and the child was seriously hurt or killed because they didn't remove the child immediately. This type of safety first, proof later approach is typical in all safety situations. So the DHS worker is given a lot of discretion to act first and ask questions later. What you are asking here is whether the DHS abused their discretion and we simply can't evaluate that here. Probably not, since the DHS worker has broad discretion to act on limited information and investigate later.
It is not completely clear whether the case has finished and the child has been returned to the mother or the case is continuing. Once DHS gets involved the process can be very slow and the parent under suspicion can be made to jump through a lot of hoops to satisfy DHS. The court appointed attorneys do the best they can and since the are in the juvenile courts a lot, they are in a position to know how the process works, but their position as court appointed attorneys means they are expected to handle a lot of cases and they can't put as much time into their cases as a privately retained attorney might be able to do. So if you really want to take on DHS for overstepping, you probably will need to hire a very experienced juvenile law lawyer and be prepared to pay a higher private retainer rate. Then you might get someone that will spend more time looking at what DHS has done critically. DHS has been taken to task for over stepping but I can't really tell you what the bright line is between allowable discretion and overstepping what the law allows.
Most people can't afford to pay full rates for a privately retained lawyer, so they do the best that they can with the court appointed attorney. The court appointed attorneys aren't bad attorneys. I worked on juvenile cases as a court appointed attorney early in my career. The attorney is usually allowed to see the confidential information that is gathered on the parent that is having problems and this is not shared with friends and family. Some records can't even be shared with the accused parent, they can only be summarized and discussed with the parent through their attorney. So there may be confidential information that supports what DHS is doing that you aren't privy too. That is why you will have to retain a private attorney if you want the matter fully investigated. (I do see that you mention psychological tests that were taken and had no merit, but we don't know who you are and how you would know that. If the mother is telling you this, it may not be completely accurate.) The bottom line is that no one reading your post on Avvo can really give you the answer you seek. Also it is not a good idea to discuss these highly personal cases on a public forum like Avvo so please don't response with a post containing more details. Consult a local attorney in private if you want to discuss this further.See question
When two people own a house but not married and one wants to sell his part ???
You will first need to meet with an attorney and go over the details of the partnership relationship, however informal. Joint ownership by people that aren't married is treated as a business partnership and absent a written agreement the court will have to determine the intention of the parties. There is a legal specifically for dealing with property when multiple owners can't agree as to the disposition, called a partition lawsuit. However if the partnership is actually a couples type of relationship without a marriage certificate, then it might be more appropriate to file a dissolution of a domestic partnership which can deal with other aspects of the couple's joint affairs including but in addition to the house. There are bound to be issues concerning debts and smaller types of personal property. There may be children involved. So a dissolution of a domestic partnership will work to more fully address all issues in dissolving the relationship. Although it sounds like a divorce for unmarried people it is not. You don't have the presumptions of joint ownership and joint liabilities that you would have in a divorce and there is no authority of the court to grant spousal support. However, one can allege just as in any business partnership, that the intention was to jointly share in the property acquired and the debts incurred. It will just require more specific proof as nothing will be presumed or assumed, as it would be in a divorce situation.See question
I currently have a probate attorney who did not give me a bill for over a year after repeated requests. When he finally produced the bill it was 26,000. and he told me it would double before the estate closed. I feel his bill is excessive
I would get a second opinion from another probate attorney first. If the opinion is that it is excessive then you can tell the court that you object to the bill. It is up to the Judge to approve or not approve the bill. You can also fire the attorney. Be aware that you will have to pay another attorney to fight the bill of the first attorney. Also the first attorney will bill for his time to defend his bill. You won't win just by complaining about the amount. You will need to show unnecessary work or negligence or incompetence.See question