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adorai posted:My mother died about 15 years ago with a will. Since then, I have become estranged from my father. Now he is now trying to sell their marital home, and has found a buyer. It turns out that the deed was originally written with no tenancy, therefore defaulting to tenants in common, which gives me an interest in the house. In the past 36 hours I have spoken to 4 real estate attorneys, and gotten a number of different opinions, but what it distills down to is this: IANAL but they are gonna ask you where the house is located, almost assuredly.
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Nov 21, 2015 00:45
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Also not a lawyer, but have you tried turning it off and back on again?
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Nov 21, 2015 00:48
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Generally speaking: He can force the sale of the home via a judicial action for partition. It's a huge pain in the rear end and probably not worth it. In that case it'll be sold and you'll get X% of the proceeds, however much your interest is. But he can't unilaterally take your interest away (if you do, in fact, have an ownership interest) without paying you. If the house gets foreclosed on, there might be a deficiency or surplus proceeds, depending on whether the house sells for more or less than the unpaid balance + interest on the loan. If there's a deficiency the bank might be able to come after you for X% of the deficiency (depending on whether you took on the remainder of the debt and the terms of the note and a bunch of other technicalities but I would imagine the answer is yes). If there's a surplus, you're entitled to X% of the surplus. Foreclosures are supposed to sell for fair market value but we all know how that goes.
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Nov 21, 2015 00:52
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I can give you a bunch of names of foreclosure defense attorneys in the chicagoland region if you want but I'm not so sure that's the avenue you're seeking.
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Nov 21, 2015 01:30
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; he needs a real estate attorney in the county in which the property is located. And he needs them yesterday. He'll only be liable on the note if he's a cosigner or guarantor on the loan. The attorney he gets will need to to get in touch with the title company that's closing the sale immediately. Quick claiming his interest in the house would just be giving up his portion of the sale proceeds, he can also sign the deed, - that would entitle him to his portions of the proceeds from the sale. If he quit claims now, he gets nothing. If he agrees to the sale we might get something or commas father would balk because his father's a dick and he would get nothing. If he's not on the note and is not liable, then he would get nothing at the foreclosure. But only one possibility where you maybe get some money, and the other two possibilities he gets none. No matter what. I know he thinks his father would kill the sale just to spite him, but its funny what city people will do when money is on the line. Is no way for him to manage this on his own, he needs a real estate attorney stat. Phone posting, so forgive the grammar. I know this is time sensitive.
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Nov 21, 2015 02:33
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blarzgh posted:Phone posting I assume that, as a traffic lawyer, that also means you're driving.
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Nov 21, 2015 02:39
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does the house have a gold fringe?
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Nov 21, 2015 03:11
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blarzgh, as a traffic lawyer do you mostly do traffic tickets or do you get into more interesting stuff like people trying to sue the road controlling authority because they won't put in a left turn arrow at X intersection and it means they have to leave for work 10 minutes earlier in the morning, or there is a bus stop outside their house and they're pissed off about the noise?
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Nov 21, 2015 03:15
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He mostly makes sex jokes.
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Nov 21, 2015 03:41
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Lobsterpillar posted:blarzgh, as a traffic lawyer do you mostly do traffic tickets or do you get into more interesting stuff like people trying to sue the road controlling authority because they won't put in a left turn arrow at X intersection and it means they have to leave for work 10 minutes earlier in the morning, or there is a bus stop outside their house and they're pissed off about the noise? I get those. They're awful. Mostly though it's "you're flooding mah lands." Which is often true and often compensable.
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Nov 21, 2015 03:44
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I'm not really a traffic ticket lawyer
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Nov 21, 2015 07:04
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Hot Dog Day #91 posted:I get those. They're awful. Mostly though it's "you're flooding mah lands." Which is often true and often compensable. Just saw the PUC order on Oncors new transmission line through wise County and Tarrant. I'm coming for you, bitch!
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Nov 21, 2015 07:06
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Arcturas posted:Generally speaking: He can force the sale of the home via a judicial action for partition. It's a huge pain in the rear end and probably not worth it. In that case it'll be sold and you'll get X% of the proceeds, however much your interest is. But he can't unilaterally take your interest away (if you do, in fact, have an ownership interest) without paying you.
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Nov 21, 2015 14:54
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Well, you should double check about how the proceeds go with a foreclosure attorney in that county. Blarzgh's theory is that if you're not on the note you would get nothing if there is a surplus, so I could be wrong. I assumed the surplus would go to the estate(which I imagine remains liable on the note) and from the estate to the inheritors (i.e. You) but I could be wrong if he knows more than I.
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Nov 21, 2015 16:45
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blarzgh posted:I'm not really a traffic ticket lawyer Uhh nobody said "traffic ticket lawyer," I thought you were actually a "traffic lawyer" so like when you ask if you can approach the bench you peel out in your ferrari on the way up, and you always win by wowing the jury with your sick donuts in the courtroom e: You don't say "OBJECTION!" you just lay on your horn
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Nov 21, 2015 17:45
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Bad Munki posted:Uhh nobody said "traffic ticket lawyer," I thought you were actually a "traffic lawyer" so like when you ask if you can approach the bench you peel out in your ferrari on the way up, and you always win by wowing the jury with your sick donuts in the courtroom You carry a 'STOP' sign around to whip out in court
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Nov 21, 2015 20:41
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"So if you weren't at the scene of the crime that night, then how did we get this!?... Wait, hold on..." *walks around to the front of the car* "The trunk is in the front... I always forget.."
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Nov 21, 2015 20:42
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Transformers joke goes here
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Nov 21, 2015 23:58
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blarzgh posted:I'm not really a traffic ticket lawyer How many traffic citations did you prosecute this fiscal year?
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Nov 22, 2015 00:45
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One of the security guys at my work fell asleep on the job, and while this may sound foreign to many of you, I work in a Gentlemens club, and the staff is allowed to have a drink or two in moderation. He had a couple that day and now my GM is not allowing him to have any drinks ( which really isn't a big deal), but the real issue is the GM is telling everyone from managers to staff to dancers (dancers are not employees) that he thinks the security guy "has a drinking problem" and "doesn't need him passing out upstairs again". I've known this dude a while, and have went and had a couple beers with him outside of work, and he is a big dude who could prob put a 6 pack away with only a slight buzz, and he more than likely just fell asleep because they overwork their security guys. Is there any legal repercussion my manager could face? It very much seems like grounds for a defamation case to me, but those seem like they are incredibly difficult to prove.
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Nov 22, 2015 13:01
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No, because truth is a defense to defamation.
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Nov 22, 2015 13:09
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Hot Dog Day #91 posted:No, because truth is a defense to defamation. I can see that, which is why I said they seem difficult to prove, but how far does that stretch? If my manager were to say "I think he is a pedophile" or "I think he is a rapist" and was openly saying this about his employee to other employees and non employees, how far would it go into not damaging this persons reputation? I'd think a jury would say that isn't a reasonable thing to say about your employee.
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Nov 22, 2015 13:17
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Hot Dog Day #91 posted:No, because truth is a defense to defamation. 
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Nov 22, 2015 13:26
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Old Man Pants posted:I can see that, which is why I said they seem difficult to prove, but how far does that stretch? If my manager were to say "I think he is a pedophile" or "I think he is a rapist" and was openly saying this about his employee to other employees and non employees, how far would it go into not damaging this persons reputation? I'd think a jury would say that isn't a reasonable thing to say about your employee. Saying that someone may have an alcohol problem after they passed out in a bar is pretty reasonable. Letting the rest of the employees make sense because the employer might want to know if anyone sees him drinking, and to be on the lookout for inappropriate behaviour. Your "friend" has an alcohol problem, btw. Go to AA or something.
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Nov 22, 2015 13:47
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Old Man Pants posted:I can see that, which is why I said they seem difficult to prove, but how far does that stretch? If my manager were to say "I think he is a pedophile" or "I think he is a rapist" and was openly saying this about his employee to other employees and non employees, how far would it go into not damaging this persons reputation? I'd think a jury would say that isn't a reasonable thing to say about your employee. I doubt he had much of a reputation (the kind which defamation defends against). But yes, outright lies are a problem. This is honestly close to an opinion defense as well. Your manager is probably fine. Your friend needs help.
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Nov 22, 2015 14:24
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The fact that friend still has a job instead of being sacked for gross misconduct says a lot about the manager.
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Nov 22, 2015 15:24
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Boy, you guys are pretty harsh. I fall asleep at my job all the time, even without drinking.
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Nov 22, 2015 16:38
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sullat posted:Boy, you guys are pretty harsh. I fall asleep at my job all the time, even without drinking. How serious falling asleep at your job may be depends a lot on what you do for a living and when you're sleeping. Truck driver? That would be bad. Paramedic waiting for a call? They literally paid me to sleep. I'd think someone who's job description includes watching out for problematic situations in a bar setting probably shouldn't be taking a nap on the job.
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Nov 22, 2015 17:26
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Old Man Pants posted:One of the security guys at my work fell asleep on the job, and while this may sound foreign to many of you, I work in a Gentlemens club, and the staff is allowed to have a drink or two in moderation. He had a couple that day and now my GM is not allowing him to have any drinks ( which really isn't a big deal), but the real issue is the GM is telling everyone from managers to staff to dancers (dancers are not employees) that he thinks the security guy "has a drinking problem" and "doesn't need him passing out upstairs again". I've known this dude a while, and have went and had a couple beers with him outside of work, and he is a big dude who could prob put a 6 pack away with only a slight buzz, and he more than likely just fell asleep because they overwork their security guys. Is there any legal repercussion my manager could face? It very much seems like grounds for a defamation case to me, but those seem like they are incredibly difficult to prove How dumb are you? Why would the idea of a strip club having employees be "a foreign concept" to anyone?
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Nov 22, 2015 18:58
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Hey my employee who was drinking on the job fell asleep so I reprimanded him but now I'm worried he may have a drinking problem and have asked my employees to keep an eye out. I feel bad for the guy and really didn't want to fire him because I'd rather him get help, but I can't have him falling asleep on job since he is a security guard and surprise surprise you have to be awake to perform those duties. How many laws did I break and how screwed am I?
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Nov 22, 2015 19:17
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In fairness I too sleep at my job.
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Nov 22, 2015 19:19
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Hot Dog Day #91 posted:How many traffic citations did you prosecute this fiscal year? To jury trial, or....?
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Nov 22, 2015 21:10
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El_Elegante posted:How dumb are you? Why would the idea of a strip club having employees be "a foreign concept" to anyone? Well, the stripper that I did taxes for was an independent contractor that, surprise surprise, didn't receive 1099s. Dunno if that is traditional or not, but I figured that they operated on the contractor model as much as possible. Next time I go to one, I will ask them whether or not they are wage employees or independent contractors and whether or not their employer submits 1099s to the IRS and SSA, and suggest that they contact the SSA to make sure these earnings appear on their social security statements.
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Nov 22, 2015 21:35
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^^^^Yeah most strippers are independent contractors and it leads to other insane poo poo like paying a stage fee to dance. You literally have to pay the gentleman's club for the privilege of dancing on their stage and making them money. I do hope with these Über cases that eventually the modern American idea of "oh no they're not working for us, they're just making us money and we call them something other than an employee" gets destroyed.Hot Dog Day #91 posted:In fairness I too sleep at my job. I'm a professional mattress tester, my wife left me because I was just so full of energy when I'd get home. pathetic little tramp fucked around with this message at 21:43 on Nov 22, 2015 |
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Nov 22, 2015 21:41
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sullat posted:Well, the stripper that I did taxes for was an independent contractor that, surprise surprise, didn't receive 1099s. Dunno if that is traditional or not, but I figured that they operated on the contractor model as much as possible. Next time I go to one, I will ask them whether or not they are wage employees or independent contractors and whether or not their employer submits 1099s to the IRS and SSA, and suggest that they contact the SSA to make sure these earnings appear on their social security statements. Thank you, Donny. How in the gently caress is that relevant to the discussion at hand.
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Nov 22, 2015 22:07
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El_Elegante posted:Thank you, Donny. How in the gently caress is that relevant to the discussion at hand. Because if you aren't handing a stripper a 1099 when you pay for a lapdance you at risk of being sued for defamation. Am I the only one paying attention here.
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Nov 22, 2015 23:47
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Ya ok you are right
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Nov 23, 2015 00:28
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FrozenVent posted:Saying that someone may have an alcohol problem after they passed out in a bar is pretty reasonable. Letting the rest of the employees make sense because the employer might want to know if anyone sees him drinking, and to be on the lookout for inappropriate behaviour. I'm not security. He is a large man who 2 drinks in 8 hours *shouldn't* take down. I feel like there is a big difference in "passing out" and "falling asleep at work because they work you insane hours" Alchenar posted:The fact that friend still has a job instead of being sacked for gross misconduct says a lot about the manager. Yep, the management still currently lets all employees except this one person drink on the job, some to being intoxicated to the point they either need to take a cab home or wait it off for a few hours before leaving. sullat posted:Boy, you guys are pretty harsh. I fall asleep at my job all the time, even without drinking. I'd probably say it isn't that uncommon. xxEightxx posted:Hey my employee who was drinking on the job fell asleep so I reprimanded him but now I'm worried he may have a drinking problem and have asked my employees to keep an eye out. I feel bad for the guy and really didn't want to fire him because I'd rather him get help, but I can't have him falling asleep on job since he is a security guard and surprise surprise you have to be awake to perform those duties. How many laws did I break and how screwed am I? If you're implying I am said manager  I'd never manage one of these places. If I wanted to work 60+ hours a week, I'd go back to IT.pathetic little tramp posted:^^^^Yeah most strippers are independent contractors and it leads to other insane poo poo like paying a stage fee to dance. You literally have to pay the gentleman's club for the privilege of dancing on their stage and making them money. I do hope with these Über cases that eventually the modern American idea of "oh no they're not working for us, they're just making us money and we call them something other than an employee" gets destroyed. They will just find another loophole around it like any other scumbag company that cut peoples hours to get out of paying Obamacare.
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Nov 23, 2015 12:45
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Hot Dog Day #91 posted:In fairness I too sleep at my job. Same, but only on my commute because driving is boring
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Nov 23, 2015 15:13
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Update on the homeless guy who I wanted to enforce a judgement on: I found out he had a storage locker and got a lien on the contents 
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Nov 23, 2015 23:09
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