Questions Answered by Rachel Lea Hunter - Justia Legal Answers

• 18 May 2013Q: Q: If POA steals $500,000 then files bankruptcy, can they be held accountable in any way? Mom can't pay for nursing now.
  A: If the agent stole $500,000 then he/she can be criminally prosecuted and ordered to pay restitution. Mother's new POA or guardian should be talking with an elder care law as to what actions can be taken against the former agent. Is mother eligible for Medicaid? That will pay for her stay in a nursing home.
• 18 May 2013Q: I have check from my ins.co. from prop.dmg 5 years ago.mortgage co. also on ck.no longer have mort. w/ co & won't endors
  A: Who is the mortgage with? If a new mortgage company, then get the insurer to reissue the check in the name of you and the new mortgage company and see if that will work. If not, get the insurer to reissue just in your name since the old mortgage company is not involved. Why did it take the insurer 5 years to issue a check and why isn't the new mortgage lender named as a loss payee? Have you changed insurers?
• 18 May 2013Q: Lease Finance Group LLC sent a letter to my dad for demand for payment on credit card machine for a lease signed behalf
  A: Why are you doing anything for your father? Unless you have a power of attorney then he needs to get his own attorney. Its not ethical to discuss someone else's legal problems with you. The statute of limitations in GA is 6 years so it does not matter. Who is this lease with? Your father needs to have an attorney write a letter denying liability for this account if the lease was in the business name and not your father's. Your father needs to ask in the letter for a copy of the lease - it may have a forum selection clause in it. What this means is that the lease may say that it is governed by some other state's laws and that any lawsuits have to be in the other state. This is important to know. Please have your father email me at rachelforjustice@hotmail.com if he is interested.
• 18 May 2013Q: Our sellers won't move by contract date. What are our options?
  A: You do not post enough information. Has the closing occurred? If so, then ownership of the property passed to you. In that case, the sellers are basically your tenants and if they will not leave the property then you would have to evict them or they can pay you rent - depending on how badly you need them to get out and why they have not left. If the closing has not occurred, then the sellers still own the property and you can terminate the purchase agreement and possibly get any earnest money refunded. Before you do anything, you need to speak with your real estate attorney regarding the situation. If you do not have an attorney (not sure how you could buy property without one) then you need to get one.
• 18 May 2013Q: EVA Airlines made me check in my carryon. Now im missing 2500 in property. What do I need to do?
  A: First you need to make a complaint with the airlines. Each airline has a process for this. Go to the EVA website and get information on terms of service and filing a claim. Then file your claim. The airlines probably has a limit for claims - they are not just going to fork over $2500. You may have to justify (provide receipts) or other documentation as to what was lost. You might also have a claim against the TSA - this theft could have been due to them. TSA employees have been in the news lately for stealing from people.
• 18 May 2013Q: I paid for a trip to Jamaica. Person invited agreed to come and did not show up. Can I sue them?
  A: For what? Was there an agreement that the invited person would pay for half the trip? Did they put down any kind of deposit to show this if there was no written agreement? Unless you can show some duty to pay then I don't see that you are entitled to recover anything but then I don't have all of the facts. Does the other person live in GA? If not, then I would not sue them in GA but where they live. If they are in GA then sue them in the county where they live. GA small claims is up to $12,000 (I assume that your claim is well below that). Here is a link to the forms: http://www.georgiacourts.org/councils/magistrate/forms.html Before you sue, you might try asking for reimbursement in a written letter, either sent by you or an attorney. Send via certified mail or UPS/FedEx with signature confirmation to prove that the letter was sent and that the person got it. In the letter, if there was an agreement, try to reiterate that or get the other person to admit the obligation. Then you can sue if the other person does not pay. Also, the benefit of a letter is (a) getting to see whether the other party is going to present anything which can help/hurt you and (b) some magistrates like to see that an attempt was made to work this out before going to court.
• 18 May 2013Q: The buyers bank is holding up the closing. we should have closed April 15, 2013 it is now may 6,2013 what can we do?
  A: Your options are: (1) terminate the agreement and keep the earnest money (if allowed) and put the home back on the market; or (2) work with the buyer and their bank if you really think the sale will go through. Without knowing any of the details about what is going on with buyer's bank, I can't answer as to what you should do. It may be that the buyer is just as anxious as you to get this done - perhaps some extra compensation would be in order? Talk this over with your real estate agent or real estate attorney before you do anything. If you decide to terminate the contract - read it carefully to see what it says about earnest money and breach by the buyer. Make sure that the deal was not contingent on the buyer getting a mortgage loan at a certain rate or something like that. If you are going to terminate, then do it soon so you can get your home back on the market as soon as possible.
• 18 May 2013Q: Is it legal for a seller's agent to contact buyer's mortgage broker for info. about buyer's financial situation?
  A: Is it legal? Its not a crime. Why would your mortgage lender be divulging any of your financial information to a third-party? Mortgage companies are not supposed to do this unless you gave an authorization. I cannot think of why the sellers's agent would be doing this but I have not seen all of the documents. Usually sellers do not do this; they ask for pre-qualification letters from you which you get from your mortgage lender to show that you are qualified to buy the home. You should be discussing this with your real estate agent if you have one or a real estate attorney. Otherwise, you might want to check with the real estate licensing board and file a complaint if this is improper. I would check also with your mortgage company and find out if any information was actually divulged by your lender and why it was divulged. Its not a crime to ask for information but if the mortgage company was not allowed to disclose it and did so then you have an issue with the mortgage lender and you should contact the commissioner of banks about that.
• 18 May 2013Q: Can I sue the state of North Carolina because I lose my home over a Contamination under my house from gasoline leak ?
  A: Why would you sue the state of North Carolina? If there is a gas pipeline leak you should be suing the company that controls the pipeline. Suing the government is a tricky proposition - there are extra hurdles to go through. Its not impossible, but you first have to establish that the state government as opposed to the private party gas company is liable. You don't post any relevant facts suggesting why the state would be liable. You also don't indicate why you would lose your ho,me. Has it been condemned or eminent domained? Can the leak be fixed? Or did the pipeline leak and explode blowing up your home? These are all questions you may need to address with a real estate/litigation or environmental litigation attorney.