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Robert Lloyd Mauger Jr
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Robert Mauger’s Answers

1,306 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...

    Robert’s Answer

    If you already lost at summary judgment, beyond bankruptcy, there's not much you can do to delay this further. If there really is equity, get with a Realtor to get this listed and sold quickly, before you lose too much money to your lender's attorneys. You might want to talk with your own attorney as well, but you really should have done that six months ago.

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  • Question around privacy, defamation, what jornalists and media outlets can, will and wont do for a news story I give them.

    I'm thinking of going to the media with a story that could easily go national and most likely international. However, I dontwant certain facts reported. Can I request/demand that journalist or a media outlet follow my requests? Will they? Is this ...

    Robert’s Answer

    No reputable media outlet is going to let you dictate what facts are or aren't newsworthy, decide how the story is told, or let you control the story.

    "I don't want certain facts reported" sounds like a red flag to me. If there are private facts that you don't want reported and there may be legal consequences if those facts are reported, then you should discuss these facts with your own attorney and no one else.

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  • What can I do about my neighbor harassing me, my husband, our dogs and now my children?

    My husband and I have had issues with one of our neighbors for awhile now. We just try to ignore her. She's known as the crazy lady around our block, and for good reason. Saturday morning she started accusing my husband of making the dog bark when...

    Robert’s Answer

    Depending on all the facts, you might also have grounds for a stalking order (or elder abuse restraining order, if you or your wife are over 65 or disabled). You can likely get a packet at your courthouse, and it appears that Lane County's forms and guidelines are available online. http://courts.oregon.gov/Lane/pages/forms.aspx

    For advice specific to your situation, contact your own attorney to discuss the details further and confidentially.

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  • Have I been served?

    My ex-wife was served with notice from a law firm about a pending civil suit where I am also named as a plaintiff. My ex-wife and I have been divorced for 5yrs. The paper work she received lists my name with my current address, as well as my ex-wi...

    Robert’s Answer

    As Mr. Stevens notes, dodging process is usually not a long-term winning proposition. Even if your arguments about the failure of service are correct, if you don't appear, then the court won't hear those arguments and may enter the default based on reasons you don't know about. Take the complaint and notice of default to your own attorney ASAP.

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  • As a renter, if my landlord decides to sell the property, do I have to allow open houses whenever they want?

    I signed a one-year lease, which was up a couple weeks ago, and is now month-to-month. I have paid for the month of June. Originally, the landlord said they would list the house in 3 weeks, and I made arrangements to be out of town that week...

    Robert’s Answer

    If you're still a tenant, unless you have a written agreement with your landlord regarding showing the property AND your landlord has paid you or reduced your rent for that agreement, then you don't have to let him show the property if it doesn't work for you and you have denied consent to entry. ORS 90.322(1)(d), (f). http://www.oregonlaws.org/ors/90.322

    Of course, some tact might be in order as your landlord might decide that the house would be easier to show without a tenant at all and terminate your month-to-month lease upon 60 days' written notice.

    If you and your landlord can't work out the showing or your landlord/Realtor decides to show the property anyway, you should discuss your options with your own attorney.

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  • What are the handicap parking regulations in Gresham, Or

    I live in an apartment complex of eight units with nine parking spaces in an dedicated off street parking lot. There is no handicap parking space available. Does the law require a designated handicap space? Where should handicap space be located? ...

    Robert’s Answer

    Whether or not the Americans with Disability Act requires a handicapped parking space (I don't practice in this area, and the relevant regulations at 24 CFR 100.201 doesn't clearly answer to me whether spaces need to be installed or whether the route from such spaces to the units must be accessible), the Fair Housing Act does require landlords to make reasonable accommodations for disabled tenants or potential tenants, which would likely include designating a handicapped parking space if necessary and requested by a tenant with a disability. You might want to contact the Fair Housing Council of Oregon. www.fhco.org and http://www.fhco.org/discrimination-in-oregon/protected-classes/disability They can likely explain your rights and what you can do to get them respected. If your landlord still won't comply, you'll probably want to talk with your own attorney. Good luck.

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  • Is there anybody out there that will take my case against my old apartment management? I know i have a case

    Legal aid helped me resolve an evicting regarding me holding rent pending repairs and then another eviction they tried to file for an animal that was in lease. In my opinion retaliation. Now they have sent me a bill for 1400 bucks ands they are ...

    Robert’s Answer

    If the question is simply "where do you find a lawyer" there's a "Find a Lawyer" tab above. Or you can call the Oregon State Bar Lawyer Referral Service. Or ask legal aid if there's someone they'd recommend if they can't/won't represent you further.

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  • Can my police report be withheld?

    Two months ago my house received a noise complaint and a citation in my name was issued for unlawful amp use. I planned on fighting it since it is becoming an issue with the police coming to our house when we are being really reasonable and they'v...

    Robert’s Answer

    I don't handle much criminal law, but I have appeared in Corvallis Municipal Court a few times. Your lawyer, once you get one appointed will get a copy of all the police evidence, including the citation and police report from the DA. I suppose you can go without one and get a report yourself. But having the report in front of you still isn't going to tell you whether you should do next. You're going to want a lawyer for that. So why skip that step?

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  • How can a salon owner out of the blue give a booth renter a typed up 30 day notice that really was only 29 days ? After 9 yrs ?

    Booth renter/me been there 9 years have my own room . Salon owner doing all kinds of adjustments to salon wich in tails moving me completely out of my Room wich I've completely got decked out because I'm a Nail tech to a cubby hole where is right ...

    Robert’s Answer

    If you have a written lease agreement, that should answer some of your questions, but generally, if you're a month-to-month commercial tenant, your landlord can give you a 30 day written termination notice to end your tenancy. It doesn't sound like your landlord did that correctly, and so won't be able to evict you. You should probably talk with your own attorney to discuss your goals, leverage, strategy, and what to do if she attempts to evict you or forcibly remove you. But long term, your landlord doesn't need to let you stay and if you don't think that you can patch things up, then you should probably start looking for a new place.

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  • Can a landlord refuse a request to withdraw a 30 day notice to vacate if they haven't signed a lease with a new tenant?

    My 1-year lease ends on the 31st of this month. I gave a 30 day notice to vacate because I was buying a house. Two weeks from the notice, the sale fell through and I requested to withdraw my notice. The landlord said they have accepted someone's a...

    Robert’s Answer

    If you can't privately work something out with your landlord, then the answer is probably no.

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