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Orange_Lazarus posted:Anyone familiar with foreclosure law? I'm in North Carolina (USA, technically a non-recourse state) and I'm living in a home I can "afford" (in the strictest sense of the word) to make payments on but I no longer wish to live there. I am considering a strategic default. We're currently paying PMI on the home and have lived in the home for three years, our payments were always on time and have great credit. The home is in my wife's name. HUD has given grants to a whole bunch of different agencies to counsel people who are in danger of falling behind on mortgages. Here's the list for North Carolina.
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May 2, 2013 01:39
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Hi, First question, 1 ) My "friend" says that even if you fail a UA before or even after being employed by a company it's literally impossible for them to sue you not because it would be economically feasible (they'd have to take it to court, hire a lawyer, etc) but because you can't sue someone for potential "lost profits" or training expense. The only exception would be cheating because this would be fraud and then they could sue. It doesn't make sense to because you signed a contract - why wouldn't they be able to sue you back? You violate the contract and most contracts state they can seek damages for violations of said contract. 1 ) Real question, my roommates ex-roommate left a bunch of stuff at our house. We've called her and texted her multiple times and she has said that she'll "pick it up but don't get rid or else" - we're now on week 5 of keeping her random furniture. Is there anything legally limiting us from throwing this stuff to the curb or selling it on craigslist?
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May 2, 2013 02:11
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What is a UA?
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May 2, 2013 02:20
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Guy Axlerod posted:What is a UA? Urine Analysis.
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May 2, 2013 02:27
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Guy Axlerod posted:What is a UA? Urine analysis; drug test.
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May 2, 2013 02:27
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Tab8715 posted:1 ) Real question, my roommates ex-roommate left a bunch of stuff at our house. We've called her and texted her multiple times and she has said that she'll "pick it up but don't get rid or else" - we're now on week 5 of keeping her random furniture. Is there anything legally limiting us from throwing this stuff to the curb or selling it on craigslist? Where is this happening? That makes a huge loving difference.
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May 2, 2013 04:20
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I am not sure if this is a legal question or an accounting one, but here goes. Situation: 1. I have a job and I make X dollars a year with with. It is a normal W2 type of job with a company. 2. I have additional income from rental properties (2) and I get rent from them each month from renters 3. One of the two properties I get rent from I also live on because it is a duplex. 4. The loan payments of both properties combined is greater then the rental income I get per month My question is on the lines of should I make an LLC or some other business entity. My thinking is I might be able to be in a better tax situation if I make my properties into a business so that all the repairs and other business expense type stuff can be removed from the net gain/loss. The end goal being less gross income for my personal taxes and making my personal taxes easier (because I wont have to do splitting of utility bills, home office space stuff and so on). From what little I know, here is what I am thinking. 1. My business rents both of the properties from me. 2. I still pay the leases on the current properties partially from the rent I charge the business, the amount would be variable month to month based on that month's gross income. (this way the business is not taking a loss every month as the property leases are more then the rent I collect) 3. I live in one of the units as the property manager and the business pays all my utility bills, this is in place of a normal salary 4. The business makes the leases with renters and they pay rent to the business This a legal thing or an accounting thing? Would another approach work better for my goal? Can the plan I have work? eidt: location is Nashville, TN EmGooser fucked around with this message at 04:46 on May 2, 2013 |
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May 2, 2013 04:36
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EmGooser posted:I am not sure if this is a legal question or an accounting one, but here goes. YES YES YES. gently caress. gently caress tax breaks you are talking liability here man, if poo poo hits the fan, you want some protection! There are tax breaks to be had, but i am unsure of your state's laws re: llc. In my state you have to have a non-spouse business partner to be able to elect your taxation status. Go spend like 14.99 on LLC for dummies or something from amazon, and then go talk to an attorney.
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May 2, 2013 04:54
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xxEightxx posted:YES YES YES. gently caress. gently caress tax breaks you are talking liability here man, if poo poo hits the fan, you want some protection! There are tax breaks to be had, but i am unsure of your state's laws re: llc. In my state you have to have a non-spouse business partner to be able to elect your taxation status. Go spend like 14.99 on LLC for dummies or something from amazon, and then go talk to an attorney. In TN there is no income tax unless you make over a million, so all of this would be for federal.
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May 2, 2013 06:29
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echopapa posted:HUD has given grants to a whole bunch of different agencies to counsel people who are in danger of falling behind on mortgages. Here's the list for North Carolina. For some reason I think the goals of these organizations would be to try and keep people in their homes and paying their mortgages but would probably want to avoid telling me I can strategically default. I'll try calling a couple during lunch to see what happens though, thanks. Sephiroth_IRA fucked around with this message at 12:55 on May 2, 2013 |
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May 2, 2013 12:47
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FrozenVent posted:Where is this happening? That makes a huge loving difference. North Dakota, though my first is more of a general one.
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May 2, 2013 15:30
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e: never mind
Acer Pilot fucked around with this message at 07:29 on May 3, 2013 |
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May 3, 2013 06:59
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Dumb question about notaries. Since it costs next to nothing (literally a $30 filing fee, a $50 premium for a surety bond or $97 if I want E&O as well, and you have to buy your own stamp) to become a notary in this state (SD), and I work for a realtor, a lawyer, and a TV station I can't see the reason to *not* become a notary public. Hell there's even a package deal through one of the bond companies that throws in the price of a basic self-inking stamp to go with them. My question is I know I can't notarize my own signature, but what about documents I prepare? For the TV station we have to do affidavits of performance, and I'm usually the one getting the logs together for them. So long as I'm not the one to sign off on them, would I be able to notarize them? Same thing with the realtor, if I'm the one typing the clients name into the power of attorney etc forms, could I still notarize it (especially cause the ones we need notarized were legal documents prepared by a lawyer and the only thing I do to them is fill in the name/date/address fields)? It'd make the fact that we specialize in dealing with clients that come in at 10pm, weekends etc so much easier since I'd be there anyway.
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May 4, 2013 23:23
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I notarize my documents all the time. It is extremely convenient.
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May 4, 2013 23:54
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AA is for Quitters posted:...as I'm not the one to sign off on them, would I be able to notarize them? Yes, that's okay. As long as whatever issue the document concerns doesn't involve you personally (a transaction from which you benefit, etc.) it's fine.
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May 5, 2013 01:26
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Here's a stupid one also related to signing poo poo in the great stat of Pennsylvania. At work, we use iPads to fill out documents for the jobs we work, specifically our terms and invoices. Recently the boss sent a memo down saying the clients have to use a stylus (rather than their finger) to sign these documents, because, otherwise, the docs aren't legally binding. Is this true? Cause it really feels like the Soviegn Citizen/"That's not me, my name isn't in all caps!" gotchas that judges would laugh clear out of the courtroom.
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May 5, 2013 19:50
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BirdOfPlay posted:Here's a stupid one also related to signing poo poo in the great stat of Pennsylvania. He is an idiot. For federal purposes, the E-SIGN Act controls; most states (including PA) have similar laws for state purposes. PA e-signature statute here: http://www.parealtor.org/clientuploads/Legal/Statutes/ElectronicSignatureLaw.pdf
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May 5, 2013 20:07
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As an amusing side, a local eye doctor with two O letters in his name draws a little face in his signature. It's probably the cutest thing, and yes the face is part of his signature. I'm going to put a little sailboat in mine.
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May 5, 2013 20:39
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Any way you sign your name is legally binding. I have four different signatures I use on the regular: cursive full name, cursive first initial + last name, printed/scrawl first initial + last name, and cursive initials that I end up circling. I usually put a star for the dot of an I in my cursive signatures. 
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May 5, 2013 21:02
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I (and a roommate) are renting the lower floor of a house in Minneapolis (another couple rents the upstairs), and the owner is attempting to sell the house. Out of curiosity (since I have no idea how things will fall, or what we'll do if/when they do fall out a certain way) what are our rights as tenants if ownership of the property we're renting changes hands? What happens if the new owners have no interest in renting the house, or want to change the terms of the lease, etc.? We signed a lease when we moved in, but we've never been asked to renew it, so we may be considered renting month-to-month, I'm not sure.
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May 5, 2013 23:54
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docbeard posted:I (and a roommate) are renting the lower floor of a house in Minneapolis (another couple rents the upstairs), and the owner is attempting to sell the house. Out of curiosity (since I have no idea how things will fall, or what we'll do if/when they do fall out a certain way) what are our rights as tenants if ownership of the property we're renting changes hands? What happens if the new owners have no interest in renting the house, or want to change the terms of the lease, etc.? If you are month-to-month and intend to stay another year, ask your landlord to sign a new lease. It may benefit him to do so because he can advertise it with current rental revenue locked in for the new lease period. In some jurisdictions, the new owner can break a lease they inherit if they or their family intend to occupy the unit. The terms (and definition of family) will probably be specific but vary by jurisdiction.
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May 6, 2013 00:13
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I am in the state of Massachusetts. Recently I was the witness to a crime. I received a letter from the DA informing me of the pretrial date, and that I am not required to show up. I have no problem testifying, and I wrote my account of what happen down right after. There was a contact information form with the letter that I filled out and sent back. I want to know if there is a time I should bring up that I have a written account of what happened, and with whom do I bring it up with? Also, is it important AT ALL that I show up to the pretrial?
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May 6, 2013 01:07
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docbeard posted:I (and a roommate) are renting the lower floor of a house in Minneapolis (another couple rents the upstairs), and the owner is attempting to sell the house. Out of curiosity (since I have no idea how things will fall, or what we'll do if/when they do fall out a certain way) what are our rights as tenants if ownership of the property we're renting changes hands? What happens if the new owners have no interest in renting the house, or want to change the terms of the lease, etc.? http://www.ag.state.mn.us/Consumer/Housing/LT/LT1.asp#EnterAgreement If it is a foreclosure, it might be different. rivid posted:I am in the state of Massachusetts. Recently I was the witness to a crime. I received a letter from the DA informing me of the pretrial date, and that I am not required to show up. I have no problem testifying, and I wrote my account of what happen down right after. There was a contact information form with the letter that I filled out and sent back. I want to know if there is a time I should bring up that I have a written account of what happened, and with whom do I bring it up with? Also, is it important AT ALL that I show up to the pretrial?
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May 6, 2013 05:39
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I live in Oregon and had my motorcycle stolen (no theft insurance, had collision insurance), and filed a police report on it. Three weeks later the motorcycle was found during a police chase and they had an arraignment for the guy who was on it (who dumped it near some railroad tracks), and I was listed as a victim of the crime of this new case. I picked up the motorcycle and it of course has damages. The Crime Victims' Services DA department at the state police called me and they're telling me to fill out an Application for Crime Victim Compensation that references being a victim of a violent crime. One of the people there is representing me in the case. The form she gave me has counseling needed, financial and medical damages / job absences where I list my health and dental insurance. Did they give me this form because they can't prove this is the guy that stole my vehicle and the only chance I have for compensation? The first question is "Have you been the victim in a violent crime?" and if you say "no" to any of their 5 questions it says you're not applicable for any compensation. And the type of expenses they cover include: medical, dental, hospital, funeral, counseling, loss of wages & support, physical rehabilitation, and transportation. And it also says that expenses must first be submitted to insurance and if they weren't they aren't considered. It just doesn't seem like the right form or like it will be of any help. Do I have any options for my motorcycle getting fixed back up other than paying for it myself now that some jerk stole it and broke a few things?
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May 8, 2013 03:42
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I don't know how victims services stuff works in the States, or in your state, but in BC it's basically a compensation program entirely divorced from whether they even caught the guy, whether they could convict him, whether you have insurance, or anything. Basically the government gives you free money because someone was an rear end in a top hat to you. It doesn't mean squat for your insurance or whether you can get your bike fixed or whatever, but generally it's a shot as some free money. Free money. Just saying that again. In your case, since you lost your bike, you might be able to claim some transportation expenses -- cab rides, bus passes, that sort of thing. I guess. Depends on what the qualifying criteria are. Also you don't say if you were mugged for the bike or whether it just disappeared from your driveway, so I don't even know if you were subject to a violent crime. LeschNyhan fucked around with this message at 03:54 on May 8, 2013 |
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May 8, 2013 03:49
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I don't know much about that particular form or suite of forms, but the criminal case (which is what that stuff deals with - compensation associated with the criminal event) is not the only way for you to try and get money. You can also file a civil suit on your own against the guy. Depending on how much the damage cost you, you may want to look into a small claims action. Unfortunately, the odds that you can actually collect on a judgment you get are really low.
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May 8, 2013 04:19
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It is probably a stock form, just put the value of the repairs to the motorcycle or call the DAs office. Unless this guy has significant assets, this is probably the best way to get some money back. Criminal restitution will require that he pay you for shown damages done by his conduct and will make it a condition of his probation or parole. This means if he doesn't pay you back (excepting inability to pay), he can go back to jail. That is how it works in California (and is non-discharchable by bankruptcy).
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May 8, 2013 04:33
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Thank you all for the information (and thank you for how quickly your responses were). That helps a lot!LeschNyhan posted:Also you don't say if you were mugged for the bike or whether it just disappeared from your driveway, so I don't even know if you were subject to a violent crime. It was stolen from an apartment parking lot while I was sleeping.
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May 8, 2013 05:09
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e: nvm
potee fucked around with this message at 07:57 on May 8, 2013 |
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May 8, 2013 05:42
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Sumter County, GA We rent out a house in town. In February, my mother, the owner, went to the tax office to find out if she owned any taxes on it. They told her she did not own any taxes. Last night, her renters brought her a certified letter from the tax office for my mother that said she owed $3,012 in taxes on the property. Yesterday morning, the property was sold by the county for taxes. She has already called her lawyer to discuss the situation. He has said that she can redeem the house. How difficult and how long will the redeeming process take? Edit: Also, is there any way to prove malicious intent? The renters owe ~$3000 in back rent and told my mother that they received several certified letters for her. They only told her last night about it because she brought up them owing back rent. They said something along the lines we have have bills to pay too including you. Which is when they brought up the tax notice. Its not like they only received one certified letter, they received about three or four for my mother . SlayVus fucked around with this message at 15:51 on May 8, 2013 |
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May 8, 2013 13:17
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nevermind!
Vanessie fucked around with this message at 14:55 on May 8, 2013 |
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May 8, 2013 14:05
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Vanessie posted:nevermind I'm not a lawyer, but don't talk about this case until it's settled. It can't hurt your case if you don't talk about it on a public forum. Good news that you talked to a lawyer and got this thing moving. Good luck. Draadnagel fucked around with this message at 15:09 on May 8, 2013 |
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May 8, 2013 14:11
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good call...thanks
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May 8, 2013 14:54
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SlayVus posted:In February, my mother, the owner, went to the tax office to find out if she owned any taxes on it. Did she think there were no property taxes on it for the year or something?
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May 8, 2013 16:13
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So I paid $100 bucks to talk to a lawyer and get the facts on what happens to foreclosures in NC. I told him what I understood and then he basically just said, That I was right and that most of the foreclosures (first he told me 99% and then when I pressed him on the 1 percent he said "Look just don't worry about it it won't happen) are non-judicial because the banks just don't want to go through the hassle of a judicial foreclosure. Then he said the PMI companies wouldn't come after me either. but then he started trying to suggest I go with a short-sale instead because (well mainly because they offered a $1,000 dollar service to help with short sales) of how long I could drag it out (which made me feel greasy in the first place) and how I could squat in the house for up to a year without paying my mortgage during the short sale process.  I think I'll go to another lawyer to confirm the first bit of information since it's such a big decision but honestly I was put off by how candidly he presented the short sale business to me.
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May 8, 2013 17:28
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Today I went to court to defend myself against what I see as a frivolous harassment claim in an Ex Parte hearing in San Bernardino County California. The allegations by the plaintiff (a former co-worker. At times they were my subordinate, but most recently they were one of my supervisors) is that I threw a brick through her car window and that I threatened the person who served me with the harassment hearing by telephone. Specifically they stated in court that I told them "I had a shotgun and that they should come on down so I can take care of them" over the phone during the same call they were serving me. Both of these allegations are untrue and are not supported by any facts. During the hearing the judge questioned if she could prove it was me (the answer, no) and dismissed the gun comments as hearsay. The judge said usually during Ex Parte hearings the defendants are not allowed to speak, but I did prepare a statement and I read, word for word, "I deny the plaintiffs allegations in their entirety. I have not used or threatened to use violence nor have I conducted myself in a manner to seriously alarm, annoy, or harass the plantiff in any way. I do not believe there is a clear and convincing evidence I have done anything to harass the plaintiff. Furthermore, I do not believe the plaintiff has established that failing to restrain me will result in irreparable harm to herself or her property." Despite what seems like a pretty clear cut case of a groundless civil action, the judge did grant a TRO (temporary restraining order) until may 29th. I'm at a total loss here. I took the wording of my statement directly from the California Bench Guide and I felt it was convincing given that no other claims of harassment were made (IE phone calls, contact at work or the home etc). This co-worker is currently under an internal investigation for discriminatory and harassing acts in the workplace against myself and others. I feel this was retaliation for filing the complaint with her supervisors. I am in the process of potentially seeking legal action against my employer for this harassment and discrimination (that took place at work). It should be noted that I was transferred away from the location she works at (involuntarily) and that she claims that is the "motive" for the alleged vandalism of her car. There is a full hearing on may 29th, where presumably before I will have had a chance to view all of the plaintiffs claims and allowed to make a full rebuttal. I am terrified that I will be served with more than a temporary order though. What should I do? (GET A LAWYER!!!! I know  ) With that out of the way, what does a poor do? These claims really seem groundless and the judge seemed skeptical at the Ex Parte hearing. Is it routine for judges to grant temporary restraining orders with little or no evidence and almost no claims of harassing behavior? Based on what I've said, what would one expect the outcome of a full court hearing to be? Is there anything else I can do to bolster my case other than "Nope, wasn't me. Prove it"?
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May 8, 2013 18:04
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Hire a lawyer you loving idiot.
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May 8, 2013 18:30
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Angry Hippo posted:Is it routine for judges to grant temporary restraining orders with little or no evidence and almost no claims of harassing behavior? Yes. All of the time.
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May 8, 2013 18:37
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Sb county bar has legal aid. Call them, they have lawyers. If you're pursing an employment claim, talk to the lawyer you have for that.
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May 8, 2013 19:02
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By the way in your case there was plenty of evidence. So in cases with plenty of evidence, TROs are even more common.
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May 8, 2013 19:04
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