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Everything posted by adjusterjack

  1. This is a 6 1/2 year old thread. Don't post on dead threads. You'll be reported, deleted, and banned if you keep doing it.
  2. No, it isn't. I already wrote that something appeared to go wrong. Make sure you don't leave out the important parts when you talk to the lawyer.
  3. Try another mortgage company, bank or credit union.
  4. No. Your wife owns it as her sole and separate property. That doesn't change. It's the equity in the property that may entitle you to a cash settlement, or some non-cash offset, in the event of a divorce I suspect though that there was more of your wife's earnings that went into supporting the condo than just the $10.
  5. The word "can" denotes the ability to do something. So the answer to the question is yes. Whether it actually happens is anybody's guess and completely up to the prosecutor.
  6. Arizona has 7 years to charge somebody with a felony. Nothing illegal happened. Maybe they waited until he got out of prison because it would have been a waste of time to charge him while he was in prison. Tell your friend to talk to his lawyer. You can't help him.
  7. If the intent was for you to sell your home and rent it back from the buyer then, yeah, it sure does look like something went wrong. But how you expect any stranger on the internet to know what is going on is beyond me. Did you use a real estate agent, lawyer, escrow/title company? When the sale closed did you get a stack of paperwork? Did you get a check? Answer those questions.
  8. Where's your common sense? What made you so dumb as to ask strangers on the internet if it was OK to bring your nerf gun to work? Show the boss the picture and ask for permission to bring the nerf gun for the event. smh
  9. I'd say so. They probably had sufficient other identifying information. But if they found stuff that you want suppressed you'd better be talking to a lawyer where your communications are confidential.
  10. This has more to do with whether or not she was a tenant in friend's place, not whether she is a resident of the state. How long was she staying with the "friend"? What was the arrangement? Was she paying rent or contributing money in any way? Was she getting mail there? If she was a tenant, she would be entitled to notice of termination of tenancy under ARS 33-1375: https://law.justia.com/codes/arizona/2018/title-33/section-33-1375/ Either 10 days or 30 days depending on the arrangement. Unfortunately, sometimes having rights doesn't mean one is able to enforce them. It might be unwise to try to get back in with a risk of confrontation. Was there a falling out between the two? Any reason for the abrupt ouster? Wherever she is you can probably go online and buy her a bus ticket to wherever you are. The alternative is a homeless shelter.
  11. Why do you ask? That's a serious question. Residency is a lot of different things for different purposes. You can live on somebody's couch and never be a resident or you can be a resident the first day you arrive. Residency (anywhere) depends on what you do and what you intend to do. Are you being asked to prove that you are a resident? Are you being told that you must be a resident to accomplish certain things? Do you want to be a resident? Do you want not to be a resident? So, explain why you are asking and you'll get some helpful comments.
  12. Let's back up the truck a little. You've been served a summons and complaint and you wrote that you have 5 days to answer. These are the forms you use. https://www.courts.ca.gov/documents/ud105.pdf https://www.courts.ca.gov/documents/mc025.pdf Google California how to answer unlawful detainer complaint and you'll find several helpful resources.
  13. You're not getting it. We are trying to get you to say something like: "I am in (state). I was convicted of (crime) on (date). I (or my lawyer) filed a motion for (what) on (date). How long does it take for a judge to rule on the motion." Without some background, I'm afraid all we are going to do is amuse ourselves.
  14. Maybe I'm wrong here, but how would the subtenant know one way or the other what the owner told the master tenant (daughter) if the master tenant (daughter) expressly or impliedly had the authority to rent out the room?
  15. Which is why we are kidding around while we wait for him to come back and tell us.
  16. At an average fee of $300 per hour, PG1067, after 20 years you would have made $14,625,000 ($731,250 per year). Assuming you could live on $300,000+ per year, If you saved the rest with a modest return of 3% you'd have about $10,000,000 at the end of 20 years. You could retire to an island and sip pina coladas while native girls wait on you hand and foot. But I suspect we aren't talking about the quantity of motions here.
  17. OK, then you appear to have two defenses for which you can move for dismissal. That you were not served the "termination" notice (different than eviction notice) which is 60 days if you had been renting there at least a year, 30 days if you had been renting less than a year. And that the owner has no authority to terminate your tenancy because your contract was with her tenant who had "apparent authority" to rent you the room and, indeed, represented that he/she was renting the room on behalf of the owner. To make up for my earlier brusqueness I'll give you a little more help. In California "apparent authority" is also known as "ostensible agency." The statutes noted are found at: http://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=CIV&division=3.&title=9.&part=4.&chapter=&article= And here's a few cases that mention "ostensible agency." https://scholar.google.com/scholar?hl=en&as_sdt=4%2C5&q="ostensible+agency"+sublessor&btnG= I haven't read them so I don't know if they will be any help. Good luck.
  18. Here's how it works: YOU...GOT...THE...NOTICE of the lawsuit. Period. That's what service is designed to do. No matter how messed up it is, YOU...GOT...IT. That's all the court needs to know. If you appear in court, it means you accepted it, as is, and there's nothing to say about it. If you want to blow it off and not respond and not attend, there will be a default judgment against you. Then you can file to set aside the judgment and claim improper service. Which is not true because YOU...GOT...IT and your motion will fail. Now that we have that out of the way, let's talk about defense. Assuming you want to stay, it occurs to me that you are correct in that the owner has no standing to evict you because you rented from the tenant who, as far as you are concerned, had "apparent authority" to rent to you. Google "apparent authority."
  19. Did they own a home? Check property ownership records in that county. If they owned it jointly with right of survivorship then she got it at the moment of his death so it's not part of his probate estate. That's easy to find out and generally the largest part of one's estate. If that's the case, then there may be little or nothing to make it worth while spending money on a probate attorney. Wouldn't hurt to seek a free consultation. If you don't want to hire your own attorney, nothing wrong with calling up the one who sent you the letter and saying "What's in it for us?"
  20. I responded facetiously because you didn't mention your state, nor any details. Things can be read different ways by different people and the best way to get helpful comments is to provide details about what is happening to you and where it's happening. I can only guess that you are referring to MCR 6.500 Motion for Post Conviction Relief: https://michigancriminaldefenseattorneys.org/motion-relief-from-judgment-michigan/ I haven't found anything online that provides a time table. I suppose it depends on the court's backlog and whether everything was filed properly. I don't think any Michigan criminal attorneys participate here. Based on the following checklist I'm guessing that it's not something that happens quickly: https://mjieducation.mi.gov/documents/criminal-qrms/325-mrj-checklist Your attorney might have a better idea of how long it takes.
  21. Figuring an hour each, comes to about 271 days.
  22. Big mistake: https://www.youtube.com/watch?v=8GjCJ6Xqjg0 https://www.youtube.com/watch?v=-FENubmZGj8
  23. You could be, under a variety of circumstances. Just saying you aren't doesn't necessarily make it so. You could be liable if your negligence cause injury or death or you could be liable if your defective product causes injury or death.
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