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
- Last 30 Days: 4th
- Overall: 383 Answers
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- Last 30 Days: 24 Answers
Q. My father in law is going to sign the property deed over to us do we need an attorney for this and what forms do we need
A: You need a real estate attorney. There are no forms unless you are thinking of using a quit claim deed form that you buy at an office supply store or legal forms place on the internet. Don't be cheap and think you will save a few bucks because if something does not go right then you will end up costing yourself way more in legal fees to get a mess cleared up. Go to a real estate lawyer and have a proper deed prepared. Deeds are not all that expensive. However, some issues arise. While its swell that your father-in-law wants to give you property, there are gift tax consequences for him if the property is over $13,500 in value. If the land is highly appreciated in value, there might also be a capital gains issue. Also, will he be needing Medicaid any time in the next 5 years? If so, there are consequences there as well. I think your father-in-law needs to sit down with a Medicaid or estate planning lawyer and see what the best way will be for him to transfer the piece of land to you so as to avoid tax and other consequences.
Q. I have a 2 and 1/2 year old son. Is it illegal to have my son around my boyfriend who I've been with for a yr now?
A: Its not illegal unless there is a court order specifically mentioning that your child is not to be around your boyfriend (for example, if he is a child abuser, your ex may understandably not want his child exposed to that kind of person). You really need to discuss this with your divorce/child custody attorney. Custody and support are 2 entirely different things. Being around your boyfriend is only going to relate to child custody. Child support is based on who has possession of the child. Your ex probably does not want to pay you any child support and may be seeking custody so he will not have to pay or not have to pay as much. As part of the custody battle, he may seek to use the fact that you have a boyfriend as a possible issue why he should have custody. Maybe he will try to argue you are not a fit mother because you have this boyfriend or maybe he will try to argue that the boyfriend is unsavory or maybe he will argue that he just does not want his child exposed to this individual. I don't know but you must be prepared to counter these arguments so if you do not already have a family law attorney you may need one.
Q. If I have been defrauded by a website from London, England do I have any recourse to get my monies back?
A: How do you know the website is in London, England? It could be anywhere in the world and making it look like Lon don, England. In theory, yes, you might be able to recover your money, but in practical terms, the answer is you probably will not. If the criminal is in a foreign country, it will be very difficult to find the person and the US government is not likely to help too much. You post no details of the crime, but these financial crimes come of Africa or other foreign countries. The criminals take the money and then move on. They are hard to trace and find. And the amount of money involved does not make it viable to pursue them. How much did you lose? Hundreds? Thousands? Tens of thousands? Try filing a complaint with the Internet Crime Complaint Center (IC3) http://www.ic3.gov/default.aspx. If the person really is in the US then criminal charges can be brought against them and restitution ordered as part of sentencing or you will be able to sue them civilly. Good luck.
Q. My mother in law died. We co-owned a house. She defaulted. Her bank tried to foreclose on her. Can we do anything?
A: OK - let me get this straight - you and mother-in-law jointly owned a house - how - as tenants in common or as joint tenants with right of survivorship? Foreclosure would make sense only if the property was mortgaged - who was liable on the mortgage? You or your mother-in-law or both? If you filed for protection under the bankruptcy code, bankruptcy acts like a shield around you. It is improper to foreclose while you are in bankruptcy. If the foreclosure was started before you filed, then it would be halted by the bankrutpcy. It could resume or take place after the bankruptcy. The only possible exception to this would be if you filed and intended to discharge your liability for the mortgage in bankruptcy and nobody was paying the mortgage. In that case, the bank would request that the bankruptcy court lift the automatic stay and allow them to foreclose. This scenario might make sense if you filed a chapter 7 bankruptcy but not if you filed a chapter 13 bankruptcy because you would keep paying for the mortgage. Something else you mention does not make sense. There can be no foreclosure on part of the property. And there cannot be a default on a portion of the mortgage either. If there is one jointly owned piece of realty encumbered by a mortgage, the whole property is included. So who was on the mortgage? Foreclosure by your lender would only make sense if you were solely liable on the mortgage OR if both you and mother-in-law were liable but you filed bankruptcy and mother-in-law stopped paying. If nobody is paying the mortgage then of course the lender will foreclose. If your liability on the mortgage was discharged by your bankruptcy and if mother-in-law stopped paying then lender will foreclose. The lender must notify all the record owners of the property of the foreclosure. It does not matter how much of the land is owned or the percentage. I don't know what you mean by a cloud on the title. Partial ownership is not a cloud on the title. A cloud on the title would exist if for example, a common owner owned a big tract of land that got subdivided when the common owner died and parcels sold off. What usually happens in these cases is that people by the different parcels at different times and sometimes the deeds are incorrect such that one person thinks they are buying a certain parcel with so many acres and actually buy a smaller or larger piece as shown by more modern surveying. If another owner of an adjoining parcel claims all or part of the same tract as shown by a survey then a cloud on the title would exist and the parties would have to resolve the boundary by agreement or by a court action to remove the "cloud." This is not your situation. Since it is not possible to figure out what is going on here, I suggest that you take the deed, mortgage and foreclosure documents to your bankruptcy attorney for review or that your mother-in-law take the documents to a real estate attorney specializing in foreclosure defense to see if anything can be done. The real issue may be whether someone lives in the home and wants to save the home. If the answer is yes, then mother-in-law may need to file a chapter 13 bankruptcy if she can afford to pay the mortgage.
Q. does a deed of trust determine what is on a title policy?
A: No. A deed of trust is the document used to create a mortgage or lien on the property to secure the funds usually borrowed to purchase the property. The deed of trust is accompanied by a promissory note and possibly a security agreement. A deed is just a document that indicates who owns the property. A title policy is an insurance policy and insures against defects in title - say you buy the property and everything looked good but 6 years later you find out that there is some defect in title - this can happen easily with old deeds and you may not own the land you think you own. However a title insurance policy would not have anything to do with a deed of trust. To be on the safe side, since neither I nor any attorneys here have seen the documents you are talking about, I suggest that you go to the real estate attorney who handled your closing and have him or her review all of the documents. If the attorney is not there or you suspect he/she messed up then see a real estate attorney who practices in the county where the land is located.
Q. I live in NC with my 12yo, father lives in FL, which state do i file for chid support?
A: Child support is based on where the child lives. If there has been no support order entered and the child has lived in NC for 6 months or more, then NC. Under the uniform support act (all states have a version of it), you file for support here and NC child support contacts FL to get the support order set up. If an existing child support was entered in some other state and the father still lives there (say FL) then the order could re registered here in NC but it would make no sense to do that. If the order was entered in another state and neither parent lives in that state, the order could be registered and enforced or modified in NC. Or you could return to the other state for enforcement but you probably would not want to do so if neither you nor the father live in the other state.
Q. my landlord said he is selling the property but he gave me only 15 days to get out can he do this
A: What kind of a lease do you have? When is your lease to end? Is this a lease of a regular dwelling or a mobile home? The landlord cannot tell you to get out prior to the end of your lease but it depends on if your lease was year to year or month to month or less (week to week). Very little notice is needed for a month to month or lesser tenancy. If its a mobile home, you get 60 days. If year to year, its generally 30 days. Your lease is the main controlling document so see what it says. The NC statute is below: NC GS § 42-14. Notice to quit in certain tenancies. A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days. Provided, however, where the tenancy involves only the rental of a space for a manufactured home as defined in G.S. 143-143.9(6), a notice to quit must be given at least 60 days before the end of the current rental period, regardless of the term of the tenancy.
Q. My grandmother gave me 2 acres of her land to place my mobile home on. Have lived on the land for 5 years,
A: You say your grandmother "gave :you 2 acres of land. Did she transfer ownership or merely allow you to put your mobile home on the land? Paying taxes on land you do not actually own is meaningless. You acquire no rights in the land. If the land was subdivided and 2 acres were conveyed to you, then you actually own the land and no one can tell you to move. So who is the record owner of the land? If you are not the owner then who still owns the land? Your grandmother? Is she alive or dead? If grandmother owns the land and is alive, by what authority are your aunts telling you that you must move? Do they have a valid power of attorney for your grandmother? If your grandmother is deceased, then is your aunt telling you to move the personal representative of the estate? And, if your grandmother is deceased, did she have a will? If so, what did the will say as to who gets the land? If there was no will, how many children did your grandmother have? Would it be possible to partition out your 2 acres from the rest of the land if this would be encompassed as part of your parent's share? These are all issues you need to think about. Bottom line, if the land is not in your name and your grandmother is deceased, then unless grandmother made a will specifically leaving these 2 acres to you, you have to go. However, 45 days' notice is not enough. If you are a tenant-at-will (basically your grandmother allowed you to be there) then you must be given 60 days' notice after which time the aunt could commence dispossessory proceedings against you to recover the land. Same if grandmother is alive and the land is still owned by grandmother and your grandmother has power of attorney. The only alternative would be for you to either buy this portion of the land (if it can be subdivided) or the whole parcel. if you are considering buying the land or a piece of it, then you should consult a real estate attorney who practices in the county where the land is located. You should also get a copy of the deed to the land to find out who actually owns the land. If your grandmother is alive and your aunt has a power of attorney, it should be recorded. If your grandmother is dead then there should be an estate file. You will need these documents.
Q. Can a woman sue a man for back child support if there was never a court order?
A: Yes and no. Child support orders are prospective in that child support runs from the date the child support petition is filed. However, caselaw permits a mother (its usually the mother) to seek retroactive support from the man. This support is not based on the child support guidelines but allows the mother to recoup some of her reasonable expenses incurred in caring for the child. GA appears to allow the mother to go back to the date of the child's birth in attempting to establish these expenses. See Smith v. Carter, http://caselaw.findlaw.com/ga-court-of-appeals/1533522.html
WEBSITES & BLOGS
Check out my answer to this question posted on http://LawGuru.com at: http://t.co/2r6RPvlxSv— Rachel Lea Hunter (@RachelLeaHunter) July 24, 2014
Options for Resolving/Dealing with Debt – Doing Nothing http://wp.me/p4LmH1-6W— Rachel Lea Hunter (@RachelLeaHunter) July 21, 2014
Options for Resolving Debt – Litigation http://wp.me/p4LmH1-6R— Rachel Lea Hunter (@RachelLeaHunter) July 21, 2014
Options for Resolving Debt – Debt Resolution http://wp.me/p4LmH1-6N— Rachel Lea Hunter (@RachelLeaHunter) July 21, 2014
Options for Resolving Debt – Bankruptcy http://wp.me/p4LmH1-6E— Rachel Lea Hunter (@RachelLeaHunter) July 21, 2014
Exemptions! Exemptions! Exemptions! http://wp.me/p4LmH1-W— Rachel Lea Hunter (@RachelLeaHunter) July 21, 2014
Debt Management http://wp.me/p4LmH1-6x— Rachel Lea Hunter (@RachelLeaHunter) July 21, 2014
Debt Resolution http://wp.me/p4LmH1-6s— Rachel Lea Hunter (@RachelLeaHunter) July 21, 2014
Check out my answer to this question posted on http://LawGuru.com at: http://t.co/AVmaygjYBT— Rachel Lea Hunter (@RachelLeaHunter) July 20, 2014
Georgia Exemptions http://wp.me/p4LmH1-6a— Rachel Lea Hunter (@RachelLeaHunter) July 13, 2014