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.
Directory Practice Areas
- 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: 6th
- This Year: 5th
- Last 30 Days: 4th
- Last 7 Days: 5th
- Overall: 262 Answers
- This Year: 25 Answers
- Last 30 Days: 25 Answers
- Last 7 Days: 7 Answers
Q: Can siblings that were willed property be held liable for a loan obtained fraudulently by one member minus others knowin
A: I don't understand the question. Assuming someone has died and owned property and left to heirs, then all heirs own the property equally. A loan cannot be placed on the property unless all heirs agree, so I am not sure how this could be fraudulently done or who did the fraud. Was it an heir? A mortgage lender? The proper thing, if there is some kind of lien on the title that was induced by mortgage fraud, would be to bring a quiet title action to remove the cloud on the title (i.e. the fraudulent lien). If this is just a personal loan, then I don't know why it would affect the other heirs at all. There may be consequences if the person who took out the loan does not pay but the lender would have not be able to seize the property in execution or force a sheriff's sale if the lender got a judgment. The other siblings/heirs who were not party to the fraud and did not obtain the loan are not liable to repay the loan.
Q: How do I find out if someone has filed personal bankruptcy?
A: You look this up in PACER if you have an existing account or contact the bankruptcy court in the district where the bankruptcy court was filed. I have PACER access and could review for a fee.
Q: How does a person prove that they have never filed but 1 (one) bankruptcy case? I did file Chap 7 in 2005.
A: Then the credit report is in error. Have you disputed this with he credit bureaus? There is no way to prove the absence of something. Obviously there would be no filings so the burden should be on the credit bureau to prove that there is another listing. There should be a record of the one bankruptcy that you filed. You need to write a letter to the credit bureaus explaining that you filed (attach a printout of your discharge order) and dispute any information pertaining to any other bankruptcy. This is all going to take time. You should have gotten your credit in order BEFORE you started applying for a mortgage. There is a process with some lenders called Rapid Re-Score. For some clients, I have sent letters to the mortgage lender explaining what is going on and I provide a copy of the dispute letter sent to the credit bureaus. What I would do is make a copy of the dispute letter and send it to the mortgage lender with a copy of your bankruptcy discharge and tell the lender you only have one bankruptcy not two and ask that the lender do a rapid re-score on you.
Q: Husband died without a will.
A: I don't quite understand. If the house was owned as a joint tenancy with right of survivorship, then title to the house automatically passed to you. The house would not be a part of probate so I do not understand why the children need to sign anything. If the house is not a part of probate then it is exempt from the claims of creditors. If there is a probate, then a personal representative is appointed. The personal representative's job is to figure out what the deceased (your husband here) owned and owed, to pay his just debts and distribute what is left to you and any other heirs. Debts have to be paid before the heirs get anything except for the yearly allowance. You do not indicate what your husband owned solely or jointly with you. To the extent that it is part of the probate estate, maybe things can be assigned to you as part of your yearly allowance. Any assets left would then become available to creditors. However, creditors have to be paid in order of priority, starting with expenses of estate administration and your commission, then moving on to funeral expenses, medical expenses incurred in the year before death, taxes and so on. Credit cards are last in priority. If the estate runs out of money before credit cards then credit card companies get zero. Why does your husband's name have to be removed from the title at all? Why do you have to refinance? What do you mean that the current deed is not vested? I am not familiar with this concept. In some states (like NC), heirs to a home cannot sell the home in the 2-year period following death unless the personal representative for the estate is made party to the agreement to sell. Is that what you are referring to? Again, I don't see why the home is affected by probate if this is a non-probate asset. So something is not right here. And not probating an estate does not preclude creditors from acting. If no estate is probated, any creditor of a decedent can apply for probate. While this is unlikely it can happen if there are assets. So I don't know what you think you are accomplishing here. Probate will actually provide a shorter period to cut off any claims of creditors if they are given proper notice and do not timely file their claims so I cannot see why you would want to avoid probate. You need to contact a probate attorney who practices in the county where the estate will be probated and pay for a consult. The attorney will need to review the deed to the property to see how it is titled and will need to know what other assets there are, what debts exist and the approximate values. It may be that there will be be few assets available for creditor's claims.
Q: What must a seller of mail order merchandise do when unable to ship merchandise within time the applicable time period?
A: I don't understand the question. In most cases the seller contacts the buyer and advises of the delay and of the expected date of arrival of the merchandise and asks the buyer whether he/she wants to wait or cancel the order. The buyer then elects to wait or cancels.
Q: After the bankruptcy the hospital can charge me for any treatment if they did not put a lien
A: Did not put a lien on what? The bankruptcy usually includes all debts incurred up to the time the bankruptcy petition is filed. If a bankruptcy discharge is granted, then all debts included in the bankruptcy are discharged if they are dischargeable debts (student loans are not dischargeable as well as other obligations, like child support). If you go out and incur other medical debts, depending on the kind of bankruptcy you filed, you will be precluded from getting another discharge for 4 or 8 years, so yes, the hospital could hold you liable. I don't understand what you mean the hospital putting a lien on something. I am familiar with medical providers in personal injury cases having a lien on settlement funds but without more details, I don't know what you are referring to. You need to speak with your bankruptcy attorney. Perhaps the bankruptcy case can be re-opened to include this debt.
Q: Do I have to keep my wife on my health insurance if we are separated, but not yet divorced?
A: Talk this over with your divorce attorney. The answer is it depends on the circumstances. Is health insurance otherwise available to your spouse through her employer and is the coverage as good? How much do you pay, if anything for the coverage? Depending on the answers, the court could ask you to keep coverage in place during the separation. The obligation will end when a divorce decree is entered or sooner if your employer stops offering health insurance unless there is some other arrangement in your marital settlement agreement.
Q: Do i have any recourse to lender who turned me down one day before closing
A: Without knowing any of the details I would have to say no. There is no right to get a mortgage. And if you expended any money (earnest money, appraisal fees, inspection fees, these are incidental and consequential damages and are usually not recoverable). Why were you turned down? Could this have been discovered sooner? Did the mortgage company have reason to know of the issue and what would happen if you were turned down? Can this still be salvaged? Can you find another lender?
Q: What is the statue of limitations on a line of credit account in pa?
A: 4 years.
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