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Matthew Erik Johnson
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Matthew Johnson’s Answers

1,637 total


  • My ex filed chapter 7 on the home I was co signed on. Can the mortgage company make me sale my home? What else can I expect?

    We owned two homes. We each took one. She was suppose to have me removed from her loan and hold me harmless per the divorce decree. I have no rights to her home. There is a lot of equity in my home plus it is my only real asset. The mortgage co...

    Matthew’s Answer

    Unfortunately you are in a tough position. Ideally your divorce settlement or order should have included a requirement for each spouse to refinance each separate mortgage to remove the other from the home. Now, since you probably can't do that, you could either (1) refinance yourself to remove her from the mortgage, however she would still be on title, (2) push for a short sale (probably your best option) (3) file for bankruptcy yourself, discharge your wife's home and reaffirm your own.

    Hope t his helps somewhat.

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  • Can I invoke a quite title action in a probate estate case?

    the probate is open for the family estate,I learned there is a cloud on the properties sold to me .A claim has been made that my dad transfered real estate he had no interest in but thought he did.would the assets be awarded by a judge in probate...

    Matthew’s Answer

    If I understand your statement of facts correctly, most likely if pursued the property would be transferred to whomever the beneficiaries are of the actual owner of the property. If your father never actually had title, then he had nothing to transfer. The exception to this now will be an adverse possession case if the facts are sufficient.

    As a result, this is most likely a civil action.

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  • Is a appeal bond required when there is a non monetary judgment due to chapter 7 BK being filed prior to foreclosure

    Filed chapter 7 added home in as unsecured debt prior to foreclosure. First foreclosure was dismissed. Second foreclosure final summary judgment plaintiff won. I am now going to appeal and am wondering if a appellate bond would be required to stay...

    Matthew’s Answer

    In most cases you will need to post the bond.

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  • What happens to a Chapter 13 (full pay) if I file for legal separation?

    My husbands ex wife is now trying to go for more child support (one is turning 18) and post secondary support for the older child. I'm hearing with my income he has the "means" to do this, but it should not include my income. We are considering ...

    Matthew’s Answer

    As the other attorneys mention, you can file for an amended plan using your combined SEPARATE income during the remainder of the plan. Child support should be included as an expense and the new plan payment should be lower to offset the increased cost.

    The issue will be if (1) you now qualify for Chapter 7 and whether it would be beneficial to convert, or (2) if the new plan payment is sufficient to meet all of the Plan Payment requirements (back taxes, mortgage arrears, etc).

    Don't do this alone, find an attorney to help.

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  • Chapter 7 - Southern District of Ohio at Cincinnati - Payment Plan.

    My mother filed a simple Chapter 7 case w/o assets, but was unable to make it to the creditor meeting - which the trustee subsequently filed a motion to dismiss that was granted. On the first case, she opened a payment plan with the clerk on the f...

    Matthew’s Answer

    I agree with the other attorneys. You should be able to file a motion to vacate the dismissal, and then to begin making payments again during the interim.

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  • Can I sue my guardianship attorney for wrongful conduct for misadvising me and causing me to commingle trust and guardianship $?

    When I became my father's plenary guardian in Florida in late 2009 I knew nothing about guardianship responsibilities and I wasn't exactly sure what a 'trust' even was. My father had a trust which owned all his assets, but my guardianship attorne...

    Matthew’s Answer

    As a lawyer, you can always sue somebody. The question is whether you can win. In this case you might have a claim against the attorney for malpractice. The issue will be one of proof and whether you can provide evidence that the attorney actually told you to and/or helped you do this without advising you of the outcome.

    You might try visiting a local malpractice attorney to go over the case.

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  • Where would a Special Needs Trust be filed?

    Where would an adult special needs trust document be filed?

    Matthew’s Answer

    • Selected as best answer

    I agree with the other attorneys. If you need special approval for a special needs trust then you need to pen up a case and obtain the necessary orders to do so. Absent this, Washington State and Kind County no longer have a filing service for wills. That ended after 2008 unfortunately.

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  • Both parents are decease with more debt then assets. Is the surviving children responsible for debts left behind?

    If a second mortgage has NOT been satisfied. Will the kids of the deceased parents be able to sell the house?

    Matthew’s Answer

    Generally children of an estate are not liable unless they have breached a fiduciary duty as an executor or administrator and made distributions prior to the correct notifications and time-allotment for creditors.

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  • How can I get a copy of my sister's death certificate?

    My sister Catherine Goodmiller died in 9/16/1690 in NJ. I can't get a copy of her death certificate because I don't know the county where she died. There are no relatives alive to ask. I e-mailed vital records in NJ but was told they can't help...

    Matthew’s Answer

    You can copies of a death certificate. Look up the local number and contact the county or state vital records office in county where the death occurred. They will tell you exactly what you need to do

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  • Is it OK to use "and/or" language in a petition title such as "Petition to Remove and/or Sanction Executor"?

    Which is best?: 1) "Petition to Remove and/or Sanction Executor" 2) "Petition to Remove and Sanction Executor" 3) "Petition to Remove or Sanction Executor" if my goal is to have the executor either removed and sanctioned or only sanctioned, bu...

    Matthew’s Answer

    If you want and/or, then you can include and/or. In my experience, superlative adjectives are the kind of language you want to avoid.

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