More Short Sale Issues
A caller was prepared to re-finance when one of the lenders suddenly asked for more money. Brian explains that this may or may not be right — was the offer made by the borrower accepted by the lender? If so, it may be too late for them to simply “change their mind.” Brian explains to the caller that it is time to let an attorney review all the documents to set the proper course for the action.
For Legal Advice contact: The Dailey Law Firm, P.C.
Attorneys Suing Attorneys
A caller thinks his attorney have committed malpractice. Brian explains that there are two issues to consider: 1) Did the attorneys’ actions fall below the standard of care and 2) Did the action/inaction cause you harm? If the answer to both of those is “Yes” then you may have a malpractice claim.
For Legal Advice contact: The Dailey Law Firm, P.C.
Short Sale Frustrations
A caller has been trying to get out of her upside-down mortgage for some time but the banks have been less than helpful. Brian explains that a knowledgeable attorney who is creative can often negotiate a deal where a bank agrees to waive $50,000 or more in a short sale. The key is to find the right attorney, one who has done this before in this market.
For Legal Advice contact: The Dailey Law Firm, P.C.
Problem with a Balloon Payment
A caller bought a house through a realtor, who also lent him the money to buy the house. After verbal loan modifications, the loan “ballooned.” Brian explains that this situation is highly unusual, but the borrower can still approach the lender and try to work something out, even if the lender is not a traditional mortgage company.
For Legal Advice contact: The Dailey Law Firm, P.C.
Still in the House After Bankruptcy
A caller went through a chapter 7 bankruptcy and is still living in the house. Now the bank has notified him of their intent to foreclose. Brian explains how the bank — as a secured creditor — kept their interest in the home despite the bankruptcy. Still, there are ways a consumer can retain their home if they want to, especially with an attorney who has handled cases like this.
For Legal Advice contact: The Dailey Law Firm, P.C.
Who Pays For a Recall?
Brian explains that when the auto manufacturer issues a recall, they pay for the repair — not you. Recalls are usually the result of a safety issue, and the government forces the manufacturer to fix the problem at no cost to the consumer.
For Legal Advice contact: The Dailey Law Firm, P.C.
We Can’t Get Rid of Our Time Share!
Brian explains to a caller that there are occasions where it is almost impossible to unload an undesirable property. If the cost of keeping it is too high, you might be better of paying someone to take it off your hands.
For Legal Advice contact: The Dailey Law Firm, P.C.
The Executor Wonders About His Duties
An executor of an estate wants to know about someone buying property out of the estate — the buyer wants a deed before full payment is made. Brian explains that the executor must look out for the welfare of the estate, and the more complicated actions must meet court approval as well.
For Legal Advice contact: The Dailey Law Firm, P.C.
How Do You Choose a Good Lawyer?
Brian explains that picking a good lawyer is a matter of figuring out what your needs are and where your issue is. If you need a family-law lawyer, you find out what court your issues will be addressed in and then find a lawyer with that specialty who spends time in that court.
For Legal Advice contact: The Dailey Law Firm, P.C.
Power of Attorney for Elderly Parent
Brian explains that a power of attorney for an elderly parent is a relatively simple thing to obtain — many attorneys can draw one up for you. The key is to be careful and KNOW what the rights and responsibilities are that come along with it.
For Legal Advice contact: The Dailey Law Firm, P.C.
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