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If a renewal of the lease was never signed what happens then?: Hi there, my mother was abandoned by my father. She works and makes just enough to cover some bills. My father is the breadwinner. He has not reached out so we are not sure he will provide mom with money. We decided to look for the lease and mom realized she actually never signed the lease to renew. The landlord emailed us about the renewal and then she was suppose to send us the lease but never did. Mom honestly forgot as well. The renewal was for January 2017. Mom cannot afford this rent and wants to leave. I am willing to pay for this coming month. I will contacting the landlord soon I just wanted to understand what our options are if any and due to the fact that there is no contract what happens to the security deposit?

Asked about 5 hours ago in Landlord & Tenant

Lawrence’s answer: Once the signed Lease term expired, the lease becomes month-to-month. You must provide the Landlord with 30 days notice you intend to vacate (so if you notify the landlord today, you would be able to leave as of the end of September). The security deposit would be returned to your parents if there was no damage. The landlord should not be able to deduct any additional rent from the security.
The other issue is not landlord-tenant, but a matrimonial issue. The security deposit is most likely marital funds. Your father, assuming he gets back in touch, could claim he is entitled to half the money. The support issue needs to be dealt with separately in family court. If your mother has insufficient funds to support herself, she might wish to consult with an attorney and file an application for interim support.

Answered about 3 hours ago.


Hello. Can a credit card company freeze your bank account before the judgment? Can I remove myself from the account ?: I live in NJ. I received papers yesterday stating that I am being sued for $2,650 for a credit card debt. I can pay it eventually but not bow. I don't work, I am on SS Disability. can i take my name off our joint account to keep them from freezing it? How long do I have before they can touch it?

Asked 2 days ago in Banking

Lawrence’s answer: They cannot freeze nor levy against your bank account until after they obtain a judgment. Also, if your sole source of income is SSD, the assets in your bank account might be protected from attachment or garnishment. However, do not ignore the Complaint. Give the other side a call and see if you can work out a settlement. if you ignore the complaint, they will obtain a default judgment against you.

Answered 2 days ago.


How can I get a paid off lien removed when the company my mortgage was sold to is now out of business?: I recently sold a condo and found that there was an old lien on the property. We found a title company that was willing to close holding all the proceeds in escrow. It has been over 3 months now and I have done research and found the following. The company holding the lien is Weichert Financial. They say they sold the mortgage to Credit Suisse who says they sold the mortgage to NetBank, who has been out of business since 2008. The mortgage is from 2002. We know the loan was paid off many years ago. Obviously if it was not we would have been getting all kinds of late payment notices and foreclosure notices. I found out that most NetBanks accounts went to Capital one and EverBank and I have called both of them and they have no record of the mortgage. What can I do to get this lien released and can I sue whoever is responsible for the extra money this has cost me. I am already out over $1,000 having to pay the buyers ti go to a new title company and for their loan extension.

Asked 9 days ago in Real Estate

Lawrence’s answer: Just to add to my colleagues' answers, if you are obligated to file suit to compel the discharge of the lien, you most likely will be able to ask for attorney's fees from the entity that was supposed to file the discharge. Speak to an attorney about how to get this accomplished. Some entity somewhere most likely bought or assumed the assets and obligations of NetBank, and that entity would be the one obligated to file the discharge. Good Luck!

Answered 3 days ago.