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Can a Landlord Add Additional Late Fees After Filing a Court Case for a Lease Dispute?

Published on 2012-02-08 09:28:30

Required fees stipulated in any contract — including a Lease Agreement — do not stop accruing simply because a court case is filed. If a contract stipulates fees are due for a specific set of circumstances and the terms of the contract are still in force, those fees can be requested per the terms outlined in [...]

Does a Divorce Agreement Consolidating Debt to One Spouse Remove the Other’s Obligation on a Promissory Note?

Published on 2012-02-07 14:47:26

A Divorce Agreement and divorce order does not change or alter the terms of a Promissory Note, per se. The holder of a note can still pursue an ex-wife for the money due and owing, per the spouse’s agreement or Divorce order. However, if the holder pursues the ex-wife, the ex-wife would have the ability to pursue [...]

Are Pay Stubs Submitted with a Bankruptcy Filing?

Published on 2012-02-06 07:42:59

Pay stubs for the 30 days prior to filing should be mailed to the Trustee assigned to the bankruptcy case, to the address of the District Bankruptcy Court hearing the case.  While the stubs do not need to be provided at the time the petition is filed, these pay stubs should be mailed as soon [...]

What Legal Options Do I Have on a Land Contract Balloon Payment if I Can’t Get Financing?

Published on 2012-02-02 07:50:05

The crash of the housing market has left a number of Land Contract holders facing balloon payments on amounts that are equal to or greater than the current market value of the property. Mortgage companies will not lend money to borrowers for such an over-valued purchase, even if the buyer has made several years of [...]

Can a Wife Quitclaim Property from the Married Couples’ Names Back to Her Maiden Name to Protect the Asset?

Published on 2012-01-31 07:17:21

A currently-married woman cannot transfer property to her maiden name (which is no longer being used) simply to avoid losing the property to a judgment in a current or potentially upcoming litigation. Such an act could be considered fraudulent, would easily be determined to be the same person using a different name by any competent attorney, [...]

Is a Lease Agreement Signed for a Lesser Amount than Discussed Binding?

Published on 2012-01-30 08:47:37

Most often, the terms used in a written contract are binding on the parties. And most times, the terms of that written contract will control the obligations of the parties, regardless of what one party or the other “meant.” However, if a party can prove that the written terms of a contract contains [...]

Must I List My Spouse’s Assets and Income in My Individual Bankruptcy Filing, and Can the Trustee Liquidate Those Listed Assets?

Published on 2012-01-27 13:29:25

A spouse’s income must be reported in a married person’s individual Bankruptcy filing, on the Means Test. But listing income or asset information from the spouse does not give a Trustee free reign to sell off assets. The Means Test calls for a calculation of the average of all household income for the six month period [...]

What is Deed in Lieu of Foreclosure?

Published on 2012-01-26 10:27:55

Generally, the phrase “deed in lieu of foreclosure” explains the process more so than any actual deed itself. As the phrase implies, if the person who purchased property cannot afford to make the mortgage payments to the lender or seller, the mortgage holder may agree to accept ownership of the property “in lieu [...]

What Happens When a Deceased Person Made Two Wills and the Older Will Has Been Probated?

Published on 2012-01-23 07:17:58

Typically, the creation of a new Last Will and Testament causes any prior existing Will(s) to be rendered null and void. But if the new Will was not provided to the Probate Court to settle the estate immediately after the passing of the maker, there are options. If the first Will has already been probated, the beneficiaries [...]

How Do I Begin a Probate Case After the Death of a Friend or Family Member?

Published on 2012-01-20 08:08:32

Each county in every USA state typically has its own Probate Court, and typically that court has an application to initiate a Probate Court proceeding. But each court can call this application or form something slightly different. Simply call the Probate Court in your local county and ask the Clerk for the form to initiate a probate [...]