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Everything posted by RetiredinVA

  1. I'm having some trouble with this one. How old was the car? What was the make and model? How much did you pay? Was the seller a reputable dealer or a curb-stoner? A curb stoner is a seller who doesn't have a lot or store but sells cars from shopping center lots or through newspaper adds. Since you are reporting an On-Board Diagnostic (OBD) trouble code I assume the transmission is an electronically controlled automatic transmission. My first thought is that there are very few mechanics who are capable of rebuilding an automatic transmission. You essentially need a factory to disassemble and reassemble an automatic transmission. So I believe you are up to your armpits in manure if the dealer says they are going to rebuild your transmission. I would be willing to bet the first time you brought the car back the mechanic just plugged in the ODB reader and erased the trouble code, hoping it would not pop up again for a while. It is difficult to tell you what to do in this matter. Certainly you could try to get the "dealer" to take the car back and sell it to another sucker. If he or she won't you could go to small claims court and claim the defect was concealed when you bought the car. Finally, you could stop paying the note and force the dealer to take action that you might be able to successfully defend.
  2. I would interpret "last month of occupancy" to mean the last month during which you physically occupied the property for an period of time. Since landlords prefer to rent units from the first of the month, a tenant who occupies the premises beyond the first may theoretically preclude renting the unit for the entire month. Obviously, tenants may take possession on any day of the month. But, landlords draw up the lease and will tilt the lease in their favor.
  3. Does your lease have anything in it about parking. It would seem if the particular parking spaces were available at extra charge there would be some mention of it in your lease.
  4. I have completed personal property inventories in less than one hour. I took a hand held tape recorder and a camera and walked from room to room reciting the assets and photographing them. The other alternative is to remove all the assets to a storage facility (or discard them). In order to find a person in contempt there must be an existing order that has been violated. It might be appropriate to ask the probate court for an order requiring the owner of the house to allow access to perform the inventory and remove the assets.
  5. North Carolina allows non-recourse first mortgages. However, the mortgage documents must specify that the loan is non-recourse. I suspect very few are.
  6. This post is almost incomprehensible, partially because there is no punctuation.
  7. Why would strangers be in a better position to evaluate your case than your lawyer?
  8. In your other post dealing with the water bill you stated that your step-father was the home-owner. Which was it?
  9. No, you also have to worry about a deficiency judgment equal to the difference between the amount remaining unpaid on the mortgage, plus foreclosure costs, and the selling price of the property at foreclosure.
  10. Filing a UCC-1 does not create a secured interest. It is a public notice of the existence of a secured interest. The terms and conditions grants a secured interest in the phone to the phone company during the term of service - unless the phone is bought directly, of course. Also, selling an item that is subject to a security interest is a crime - it is embezzlement.
  11. As a former surveyor one thing you mentioned puzzles me. You referred to a concrete corner marker. When a surveyor lays out a property or does a property line survey he or she would not usually place a concrete marker at a property corner - that would require too much time and work. Usually he or she would simply drive a piece of iron pipe at the corner. It takes only minutes. Later the pipe can be easily found with a metal detector, if the area is overgrown. On property line blueprints you will commonly see the notations ipf (iron pipe found), or ips (iron pipe set). If you have a copy of the 1992 survey blueprint take a look and see whether it refers to ipf or ips or designates a concrete corner marker.
  12. Have you had a surveyor check the property lines? I would not immediately assume the other property owner's survey is accurate. I would be particularly surprised if your property ine is off by 18 feet if there is a concrete marker where the 1993 survey found it.
  13. The state where the crash ocurred and the amount of damage to the other car are relevant. Whether the other driver or any passenger were injured are also critical. You must report this to your insurer also. Whether the other driver is satisfied with any settlement would also be very important. All we know now is that a crash occurred and you left the scene. Not enough to go on.
  14. You have left a lot of information out that may be important. Is the property residential, commercial, or industrial? If residential, is it standard-issue apartment, single family, etc.? Have you paid any money yet and, if so, how much and for what? Why would you rent a property seven months in advance of its use? It sounds very strange.
  15. You seriously need a divorce lawyer to resolve all these issues. You did not specify the state where you and your husband live. So we can't determine whether your state is a community property state. That would be extremely important in determining the status of the two houses. Yes, the house your mother gave you may be involved.
  16. Why would you think it is illegal to do so in any state?
  17. I would suspect the case would not be dismissed because of improper service. It is more likely you will be given a slight continuous, if anything. Improper service is a correctible error and is not fatal to the case.
  18. This is a follow up to previous post under "an eviction, & U.D in retaliation". Not sure of the relevance of FRV. Apparently the OP called code inspector who found the place uninhabitable after the OP lived there for three and a half years.
  19. No, you won't have to pay child support. But you MUST apply to the court that entered the child support order to enter an order terminating the support. The requirement to pay support does NOT terminate automatically when you son moves in.
  20. Yes it is. I suggest you go to: http://www.loudoun.gov/index.aspx?NID=959 It is the official Loudoun County Circuit Court web site dealing with Divorce proceedings. At the docket hearing you can expect a standard order to be entered defining the trial date and time limits for discovery and submitting lists of witnesses and exhibits. The Court will also set a date for a pretrial conference if there are contested issues. Fairfax County has a standard set of interrogatories for use in discovery in Divorce cases. You can find it at https://docs.google.com/viewer?url=http%3A%2F%2Fwww.fairfaxbar.org%2Fassociations%2F4650%2Ffiles%2FModel%2520Interrogatories%2520H101.doc Good luck.
  21. I see you are in Missouri. But let me tell you about a case I know of in Virginia that may be relevant. A couple in a divorce case had the Court enter a consent decree that stated there were x number of children of the marriage and stated their names and ages. Later the father began to suspect one of the children was not his. He was apparently correct. But, when he applied to reopen the case to eliminate the child support for the child, he learned that an order that is final and beyond the time for appeal is conclusive. The court had already ruled that the child was his. His motion to reopen the case was denied. In your case you may have cleverly conspired with your ex-husband to have a consent final decree of divorce that says there are no children of your marriage. If you now apply to have custody, visitation, and child support established you may run into the other side of the problem. Just sayin'. Don't mess with Mother Nature or a Court.
  22. If you have a pending criminal charge against you I would strongly suggest you not move to another state. It would almost certainly be a violation of your bond and might lead to additional charges.
  23. I assume your father's will left everything to your stepmother with you and your brother contingent legatees if your stepmother did not survive your father. Correct? So, when he died all of his estate went to your stepmother. Apparently, your stepmother executed a will leaving her estate to her children. If you somehow managed to "break" or invalidate your stepmother's will it would probably do you no good. Legally, you are not related to your stepmother for intestate succession. That is, you would not be an heir of your stepmother if she died without a will. You are not her descendant. It is possible, however, that your stepmother may have had a prior will that may have included you. To inherit by that route you would have to prove that your stepmother's last will was not valid due to undue influence by her children or for other reasons, AND that there is another valid will in existence that can be proven to be her last valid will and that includes you as an heir.
  24. Are they going to live in the trailer or just park their trailer there? If they intend to live in the trailer, is that permitted by the local ordnances? How will they get water, electricity and dispose of their waste? Certainly they can be evicted if they don't pay rent. But, it takes time. If you suspect they are using hard drugs or doing heavy duty partying you COULD evict them but they may make your life a living hell while you are waiting for the court to act. Expect the eviction proceeding to take months no matter what state you live in, which you didn't state, by the way.
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