Rachel Lea Hunter
About Rachel Lea HunterI grew up Pittsburgh, Pennsylvania where I lived most of my life. I moved to North Carolina to be closer to family and have lived here 13 years.
In 2009, I began private practice concentrating in the areas of debt resolution/negotiation, estate planning and probate.
- Consumer Law
- Estate Planning
Jurisdictions Admitted to Practice
|Attorney, Merritt, Flebotte, Wilson, Webb & Caruso, PLLC|
|Worked at a laws firm providing legal services to members of a legal service plan. Duties included preparation of wills and powers of attorney and counseling clients on a variety of issues. Also prepared federal and state civil and criminal appeals.|
|Deputy Judicial Law Clerk, Superior Court of Pennsylvania|
|Served as deputy judicial law clerk. Drafted legal opinions and memoranda for intermediate appellate court. Work was comprised of criminal, family, general civil and estate cases.|
|Judicial Law Clerk, Superior Court of Pennsylvania|
|Served as judicial law clerk. Drafted legal opinions and memoranda for intermediate appellate court. Work was comprised of criminal, family, general civil and estate cases. Supervised legal interns,|
|Judicial Law Clerk, Court of Common Pleas of Somerset County|
|Served as judicial law clerk. Drafted legal opinions and memoranda for the trial court. ALso served as county law librarian and oversaw publishing of cases in local county reporter.|
|University of Pittsburgh||Law Degree|
|Carnegie Mellon University||Chemistry|
|Honors: Freshman Chemistry Award Nominee for Truman Scholarship & Morehouse Scholarship|
|Member, Georgia State Bar|
- Overall: 5th
- This Year: 2nd
- Last 30 Days: 6th
- Last 7 Days: 5th
- Overall: 237 Answers
- This Year: 237 Answers
- Last 30 Days: 21 Answers
- Last 7 Days: 16 Answers
Q: How long do I have to remove my personal property from foreclosed home.
A: The foreclosure sale has already occurred and the bank is trying to sell the home. Are you still living in the home? I am surprised that the bank has not tried to get you out as it will make showing the home difficult. Many banks have cash for keys programs and will pay you to get out. You should inquire about that. Beyond that if you want to take your chances, then stay there. Once the property is sold to a new owner or if the lender moves to evict you, you will probably be asked to leave and given some reasonable amount of time. If you fail to leave or indicate that you will not leave, then the lender or new owner must apply for a dispossessory warrant. Usually the time to answer is 7 days. The time is relatively short for the magistrate to schedule a hearing. Once the hearing is held, it will most likely result in a writ of possession being entered in favor of the lender or new owner. You will have another 7 days. If you do not appeal or get out, then the lender or new owner will go to the sheriff and the sheriff will put you out and your property will be on the street. It would be better if, when asked to leave, that you negotiate this with the lender or new owner to avoid this kind of unpleasantness.
Q: I have a question re deed restrictions
A: I don't know. Any attorney would need to see the deed. And the test is not whether anyone else complained. Were these restrictions in other deeds of surrounding lots? And how can the violation be grandfathered in? There is no such thing. Grandfathering occurs where a use was permissible at the time but something happened to make it illegal or not allowed. Examples may be setback requirements or a septic system - if the house was built in 1832 before requirements for this the municipality may grandfather any such structures that were built before the ordinance took effect and allow them to remain even though they violate the ordinance. In your case, the second home would be grandfathered only if it was built before the restrictions took effect. So did the previous owner buy the property with existing restrictions? Or is he trying to sell the property to you and now make restrictions? Nobody is going to want to buy a potential lawsuit here and my advice would be to get a real estate litigation lawyer now. This second house may be a violation. No commercial property does not mean necessarily that the second home cannot be rented. Rentals can be residential property. Commercial refers to having a business - like a warehouse or store or industrial plant. Commercial implies activity in a business with increased traffic and/or some other nuisance, like noise or air, water, ground pollution. Renting out the property to another family is residential.
Q: My mother passed away and her husband placed me on the deed of the house. How hard is it for him to remove me?
A: You cannot be removed. A new deed would have to be done conveying the property from you and any other owners to whoever else owns the property. Deeds are not all that expensive but what the heck is going on here. What did your mother own? Why did the husband just deed land to you? Has an estate been probated? Did your mother have a will? Did she include her husband in the distribution of her estate and if not why not (was there a pre-nuptial agreement)? There is a lot more going on than you relate. I suggest that you speak to a probate attorney and see if you need something more than just a deed.
Q: Made small personal loan on dirt bike no title, recorded on ucc1 he disposed of it whats my options legally
A: Was the debt included in the bankruptcy? This was not posted as a criminal law question and I am not a criminal law attorney. It is a crime to conceal or dispose of property that is secured by a security interest. You indicate that you filed a UCC. Where was the title, if the bike had a title? Why did you not take possession of the title and record a lien thereon? If there was no title because these things don't have titles, did you have a security agreement? I am concerned that you were not a real secured creditor. If you did not have a valid security interest then you did not have much. I don't think just filing a UCC 1 will be enough but you should confirm that. If there is enough to show that you were a secured creditor, then see § 16-8-4. Theft by conversion, which is below. You do not indicate any sort of a timeline here. When was the collateral disposed of and the bankruptcy filed? Is the bankruptcy still pending? You need to probably get a bankruptcy lawyer and object to the discharge of your loan. Secured parties can usually take back their collateral but in your case you can't as he disposed of the bike. Depending on the circumstances, that may be a fraud which would make the bankruptcy court dismiss the case. 16-8-4. Theft by conversion (a) A person commits the offense of theft by conversion when, having lawfully obtained funds or other property of another including, but not limited to, leased or rented personal property, under an agreement or other known legal obligation to make a specified application of such funds or a specified disposition of such property, he knowingly converts the funds or property to his own use in violation of the agreement or legal obligation. This Code section applies whether the application or disposition is to be made from the funds or property of another or from the accused's own funds or property in equivalent amount when the agreement contemplates that the accused may deal with the funds or property of another as his own. (b) When, under subsection (a) of this Code section, an officer or employee of a government or of a financial institution fails to pay on an account, upon lawful demand, from the funds or property of another held by him, he is presumed to have intended to convert the funds or property to his own use. (c)(1) As used in this subsection, the term personal property means personal property having a replacement cost value greater than $100.00, excluding any late fees and penalties, and includes heavy equipment as defined in paragraph (2) of Code Section 10-1-731 and tractors and farm equipment primarily designed for use in agriculture. (2) Any person having any personal property in such person's possession or under such person's control by virtue of a lease or rental agreement who fails to return the personal property within five days, Saturdays, Sundays, and holidays excluded, after a letter demanding return of the personal property has been mailed to such person by certified or registered mail or statutory overnight delivery, return receipt requested, at such person's last known address by the owner of the personal property or by the owner's agent shall be presumed to have knowingly converted such personal property to such person's own use in violation of such lease or agreement. (3) In the event that any personal property is not returned as provided for in the lease or rental agreement and the court orders the lessor or renter to pay replacement costs, replacement costs shall include but not be limited to: (A) The market value of the personal property. The market value shall be established by the owner of the property by providing from a supplier of such or reasonably similar personal property a current quotation of the value of the personal property which is of like quality, make, and model of the personal property being replaced. The value to be awarded shall be the higher of: (i) The value on the date when the conversion occurred; or (ii) The value on the date of the trial; (B) All rental charges from the date the rental agreement was executed until the date of the trial or the date that the property was recovered, if recovered; and (C) Interest on the unpaid balance each month at the current legal rate from the date the court orders the lessor or renter to pay replacement costs until the date the judgment is satisfied in full. (4) If as a part of the order of the court the lessor or renter is placed on probation, supervision of said probation shall not be terminated until all replacement costs, fees, charges, penalties, interest, and other charges are paid in full. All payments relative to this Code section shall be made to the appropriate court of jurisdiction and the court shall make distribution to the owner within 30 days of receipt thereof. (5) In the event that the owner incurs any expenses in the process of locating a lessor or renter who did not return any personal property according to the lease or rental agreement, the court shall provide that the lessor or renter reimburse the owner for those expenses which may include, but not be limited to, credit reports, private detective fees, investigation fees, fees charged by a law enforcement agency for such services as police reports, background checks, fees involved with swearing out a warrant for incarceration, and any other bona fide expenses.
Q: When can a debt be written off?
A: Having a debt charge off or written off does not mean that you no longer owe it or that the debt cannot be sued upon. Its just an accounting term. A debt is typically charged off anywhere from 90 - 180 days after the debt goes delinquent.
Q: My brothers will is in probate. All assets were to be sold off and divided equally between four. One sister is heir an
A: Without looking at the will, I don't know what it says. Does it specify who gets what or does it say everyone gets equal shares? If it does not specify then the Lexus can be charged to the executrix's share of the assets if she is one of the heirs. Exactly who are you thinking of contacting? Its up to you to get your own attorney. In limited circumstances, perhaps the register of wills can remove an executor who is mismanaging or wasting estate assets but that would require you to file a petition. You can talk to the register of wills, but you will probably be told that (a) the register does not give legal advice; and (b) you need to seek out your own probate attorney. You will need to consult a local probate attorney who practices in the county where the estate is pending. The attorney will need to review the estate file in order to advise you (for example, has the car been inventoried and/or appraised? The executor should not be appropriating assets - the executor can take control of assets but not appropriate them to her own use). The executor also should not be making any distributions of property at this juncture. Distributions are made at the risk of the executor. While there is less of a risk if the property is distributed to herself, its still a risk.
Q: If I live in PA, does the law require that my executor also lives in PA?
A: No. See 20 Pa.C.S.A. § 3157 Nonresidents The register shall have discretion to refuse letters of administration to any individual not a resident of this Commonwealth. -------------- That does not mean that a non-resident cannot serve. It just means its up to the register of will to decide.
Q: How can I find out what my daughters trust fund says
A: How old is your daughter? Is she under 18? Or is she handicapped? If she is under 18 or if you are her legal guardian and if she is a beneficiary of a trust she can make a demand on the trustee for a copy of the trust. The trustee is required to apprise all beneficiaries of the terms of the trust. Is the trust in PA? If so, see 20 Pa.C.S.A. § 7780.3. Duty yo Inform and Report.
Q: Can I leave half of my estate to one son out right and put the other half in a trust for my other son?
A: Yes, you can add a testamentary trust to your will and provide that Son A gets his inheritance outright but Son B's share will be put in a trust and the income and principal doled out t him by the trustee as specified in the terms. Please do not try to do this yourself by using forms from the internet which may or may not be what you need. Many of these are incorrect or designed for particular simple estates and what you propose takes you out of the realm of a simple estate.
WEBSITES & BLOGS
More robo-signed affidavits: http://t.co/SeQXwhJsfp— Rachel Lea Hunter (@RachelLeaHunter) February 27, 2013
Big banks and payday lending: http://t.co/Fbg6HyhXoq— Rachel Lea Hunter (@RachelLeaHunter) February 24, 2013
New twist on old scams: http://t.co/K14GUIOTMJ— Rachel Lea Hunter (@RachelLeaHunter) February 23, 2013
Death & credit card debt: http://t.co/M8DfGEHa— Rachel Lea Hunter (@RachelLeaHunter) February 20, 2013
FTC releases report on junk debt buyers and its not favorable: http://t.co/8wsKETNX— Rachel Lea Hunter (@RachelLeaHunter) February 19, 2013
Republothugs at it again to shut down the one part of government that is actually trying to do some good: http://t.co/sf7d7GfY— Rachel Lea Hunter (@RachelLeaHunter) February 14, 2013
Like we didn't already suspect this! http://t.co/APYl5vw9— Rachel Lea Hunter (@RachelLeaHunter) February 12, 2013
Debt slavery: http://t.co/hGWTbyql— Rachel Lea Hunter (@RachelLeaHunter) February 5, 2013
Debt collectors now using Facebook and Twitter to harass debtors: http://t.co/LhOt4Z11— Rachel Lea Hunter (@RachelLeaHunter) February 5, 2013
How Obama Protects Wall Street:http://t.co/LMZtf7HW— Rachel Lea Hunter (@RachelLeaHunter) January 27, 2013