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Found 60 results

  1. I recently received a letter from my mortgage Servicer, Ocwen Loan Servicing, saying they had sold my loan to a new Company, PHH Loan Servicing. A few years ago, I had my mortgage modified through the HAMP Program. I had a "Deferred Principal Balance" that was supposed to roll off, in increments, over time. The Deferred Principal Balance began around $10,000.00, but 2 had already rolled off, leaving one due to roll off this coming November 1st, for around $3,300.00. This is IN WRITING in my mortgage modification agreement. but! the new servicer, PHH, has just rolled that remaining Deferred Principal Balance INTO my Principal Balance. I have not been late, or defaulted on my modification agreement in any way. Are they allowed to do that? How do I address this?
  2. The HOA for a subdivision located in Tennessee, Blount County, has a restriction that prohibits a member from raising, breeding or boarding "fowl" on their tract. The Board of Directors of said HOA have concluded that their interpretation of the definition of the term "fowl" includes homing pigeons that are raced for sport. They base this position on the definition of "fowl" found on a website using Webster's Dictionary as the source. Therefore my question is, are homing pigeons raced for sport considered "fowl" in the eyes of the law in Tennessee and or Blount County?
  3. In the state of Tennessee is it legal for an employer to place a hidden camera in the workplace without informing employees?
  4. I am just coming off of STD for a heart attack. I have been told that I am not allowed to travel for one year. While travel is necessary periodically, it is not a key component of my job. I do not believe it is listed as required in my job description. Can my employer fire me if I have a doctor's note stating travel is not allowed for one year? I work in TN, but company is based out of CT.
  5. A car that had a contract breach, because the car dealer sold me a vehicle for approximately $5600 in 2016. The dealer charged me interest for a four year loan, totaling approximately $7500. Then I paid $1000 down except the contract I signed the second time under duress added the $1000 to the $7500 to total $8500, which the dealer told me I owed the $7500. Is this a criminal act or do I just sue for a civil violation. Oh, they repossessed the car last year in 2017 because I paid them in person but they did not pay the finance company even though I got a receipt. I made a second payment timely but the car dealer sent the mailed check back and told me to pay the finance company. My credit was lowered because the finance company said that they did not get my first payment. I filed for a lost or stolen check with my bank. The second contract has additional charges of administrative charges of $495 and a license charge when I paid my registration fee transferring my old plates. The financial company has my credit report listing $5600 owed or bad credit while the car dealer got the car back. Do I file criminal or civil charges?
  6. Before I ask my question, a little back ground. I'm currently in a workers comp case and was denied benefits because of what the NP diagnosed me with. I have, however, been correctly diagnosed and getting treatment. My question is this, can a Nurse Practitioner over ride a Doctor and the Doctors diagnosis and recommended referral? Also, the Doctor diagnosed me with a slipped disc. The NP diagnosed me with sciatica and scoliosis. Neither of which I actually have. Also, the NP did not order anything but xrays at his office to base his diagnosis on! It took me 25 days after seeing the NP to get in to see another physician, medication for the pain I'd been suffering with for over 3 months , new aches and pains from the misdiagnosis and finally got an MRI to confirm the original Doctors diagnosis of a slipped disc. Are the actions of the NP considered neglect or malpractice? I'm a little puzzled as to the 4 d's in a malpractice case.
  7. In 2014, I made an on-line purchase of software. It was last year's version and I purchased it through an on-line retailer. I have the receipt and paid about 1/3 of the new price for the software. As it turns out, the retailer that I purchased from was not authorized to sell it. Over a year after the purchase, I was contact by an attorney accusing me of copyright infringement. Basically, they say that I purchased stolen software. I have offered to return the software. Have made no money from its use. Indeed, I have only used it 2 or 3 times and only minimal applications, at that. Now they want me to pay full price for the product and are refusing my offer to return it to them. What are my options?
  8. When there is an old will that a deceased relative has, what happens when two of the four beneficiaries are deceased? Neither of them were married or had children. The will was written in 1987 ?
  9. Can you legally waive your Miranda rights if you are under the influence or intoxicated? ......... I am currently in a criminal issue with the court....on the day of arrest the detectives took me to an interview room where multiple questions were asked and vague answers were given , however the DA now is trying to use this interview as a confession and of course I'm trying to fight it . I am represented by a public defender , and doing some of my own research to make sure proceedings are proper and fair toward my defence. I DID NOT sign a waiver of the Miranda rights , however the lead detective has audio of my saying I would talk with him from the scene of arrest .Then about an hour later , when I was taken and placed in the interview room ( where full recordings and video are available) ... The question I was asked was " do you remember your Miranda rights" and I stated" I knew them and was aware of them ".... And at that point questions proceeded and most answers given were very vague and a lot of " I don't remember or i dont knows" but there is some possible incriminating answers that are trying to be used against me. *** yes , on the day of the arrest , right after I left the interview room and was placed in the county jail .... drug and intoxication screens were given for detox issues with all incoming inmates due to medical policy. So there is a record of my being intoxicated or under the influence. Can anyone help me with this ? I need any case sitations or legal insight to present at the argument in a future suppression hearing because obviously I need to suppress the evidence of the alladged confession. Just to answer the obvious questions.... The crime(s) I am charged with are NON VIOLENT PROPERTY OFFENCES.... Thank you for your help and guidance !
  10. If a tenant lets loose one of the landlord's animals, and the animal goes onto a neighbors property and destroys property, who is responsible? the tenant? the landlord? if the tenant releases the animal as an act of mischief?
  11. Where does one find a printable PDF Tennessee civil warrant form for general sessions court or small claims court on line?
  12. I lack access to any Tennessee case law, but by computer. What is a good site on line to find Tennessee cases about the duty of a renter of a farm to pay rent after a low crop yield? what Tennessee statute covers that subject?
  13. Does Tennessee allow a petition or referendum to make a state law? how? does the legislature have to refer it to the ballot? Can a person distribute a petition to put a proposition on the ballot to make a state law in Tennessee? how many signatures must sign the petition?
  14. What forms do you need to complete and file to pursue a civil action in a Tennessee small claims court? to collect past rent and damages to property? Also, can another non-attorney person or relative represent the complainant or filer of the action in court?
  15. Does any school have to tell anyone who asks for any reason whatsoever, especially to deter fraud, that it gave a person a diploma in Tennessee?
  16. Can a landlord successfully pursue an action for unlawful detainer by just saying in court tenancy at will is the lease made orally between tenant and landlord?
  17. How does a landlord enter a rental to repair the plumbing and floor when the tenant refuses to let the landlord in the rental?
  18. After you send the notice to evict or pay rent to the tenant, and the tenant refuses to pay rent and leave the premises, do you call the sheriff and have the sheriff remove the tenant in Tennessee? what paperwork must you do to get the sheriff to remove the tenant in Tennessee? what paperwork must the sheriff do?
  19. Hello, I'm writing on behalf of my husband. Issue #1: Vacation policy change without notice My husband has been working at the same company for over eight years, but three years ago the original business owner sold it to an employee (my husband's functional doppelganger). Apparently, when the new owner took over he changed the vacation policy without notice. My husband should have been able to take ten paid vacation days off per the original business owner's policy regarding an employee of 5 or more years but when the new guy bought the business, he "reset" the vacation time and made my husband an employee of zero years. This does make sense to me because my husband was, in fact, a new employee under the new owner. What doesn't make sense is the fact that he did this without notice or discussion. My understanding is that this change of policy is recorded in the legal / business documents hidden away in the new owner's office but my husband has not seen them himself nor has he been given a copy. He found out about it last week when he asked for time off even though the change apparently occurred three years ago. It feels like a gyp and for all we know, his boss could be bluffing (we have yet to see any proof of a policy change). I don't expect my husband will receive any compensation apart from a document stating a change of policy three years too late but it would be helpful to know whether we can actually confront him from a position of legal strength. Lest you think I'm a sourpuss: Issue #2: New employee is paid in time off so the boss doesn't have to give him time-and-a-half in overtime pay Rather than paying time-and-a-half for overtime, the boss lets this new employee of one year (a personal friend of his) use his overtime hours as vacation hours. This is a gentleman's agreement between the boss and new guy that both are happy with. As a result, new guy is allowed to work whenever he wants for as long as he wants and simply report when he will be taking time off. He has taken many days off this year - more than the five paid days off my husband is allowed. If you put your head in your arse and think about it, it makes perfect sense: if the guy works extra hours he should be compensated, and if the two men agree upon the method of pay it shouldn't bother anyone else. My head is not in my arse and I don't think it's justifiable. It is unfair to my husband because (a) as the seasoned, long-time manager of the business, he has to pick up the slack when new guy is gone and correct the daily mistakes he makes (a petulant reason but there it is), (b) he isn't given the opportunity for overtime because it is a financial bother for the boss, (c) he just learned his vacation days were "reset" while the new guy is given the opportunity to earn vacation days and my husband is not, (e) the new guy is essentially the replacement for the position the boss vacated when he became the boss and is my husband's new functional doppelganger, which includes same pay and job description as my husband when he started 8+ years ago, and (d) it is so incredibly unethical. I'd love to know if we have a case on this issue. Finally, one situation we probably can't argue with any strength but illustrates how sly the employer is: Issue #3: Hourly wages during the "off-season", salary during the busy season, back to hourly when business slows down The busy season runs from March to August. My husband worked 50-60 hours each week the first year the new boss owned the company and was compensated via time-and-a-half overtime pay. The boss tried a different scheme the following year. Rather than keep my husband at hourly pay, he worked out a yearly salary based on the hourly rate of pay, but the pay was not increased. At the start of March, he announced that my husband was on salary and would be expected to work as many hours as were necessary during the busy season for the same pay rate. He promised bonuses (a little bit of sugar helps the medicine go down) which amounted to a whopping $200 for the entire six-month period. My husband worked the 50-60 hours per week as required and when August came around, the boss announced the new salary system "wasn't working" and reverted back to hourly pay. Naturally we were furious. To top it off, the boss began building a $500,000 house that summer while we were drowning in car repairs. It is my understanding that this is illegal now (thanks, Obama) but I am eager to know if it was illegal at the time. Thank you for your time and patience. We are very frustrated. My husband did quit once but the business tanked and customers came in specifically asking for him. Some of them said they would take their business wherever he had moved on to but he signed a non-compete agreement at the start of his employment 8+ years ago. Enough customers complained about the business in his absence that the boss asked him to come back. He doesn't push back when the boss takes advantage of him because he doesn't know whether he has any true legal strength to push back with. Please advise, especially regarding Issue #1, as it is the most recent and urgent.
  20. Who deals with land theft federally? the secret service? in Tennessee? the TBI?
  21. Before my father passed away of cancer he had a written legal will as for his last dying wishes my fathers wishes were very simple and to the point my father had me and my sister in his first marriage in his second marriage he had a daughter and a son my sister whom was his first born helped our father with the drawing up of his last will and testament our father never received very much of an education growing up but he was a very hard working blue collar man even though he had an alcohol addiction most all of his life our father in the same token lived a modest life our father saved up and invested his money so that he could in a sense try to make up for seldom being in his children lives my sister and i never grew up with our fathers 2 children we all had been around each other when we were small for a few holidays and seldom when we were welcome by his new wife threw the years we heard about each other from time to time what it came down to was our father had 2 sets of children but we never lived as brother and sisters out of respect for our father we my sister and i kept peace with our stepsister and stepbrother especially the last 2 years of our fathers life my father talked to my sister and my stepsister as to who would be the executo of his will i was living out of state and our stepbrother unfortunately followed in our fathers footsteps with the alcohol addiction my sister agree sense my father had taken a turn for the worse and moved in with our stepsister that she would be executor of the will with it written in the will that if my stepsister would not or could not fulfill our fathers wishes that are stated in his will that my sister would as i said in the beginning of my message our fathers wishes that are clearly written in his will are very simple and to the point every account savings checking ira and or any other policy was to be split 4 ways no one child shall get a penny less or a penny more we all sat down with him only a couple of weeks before he passed and he said i love you all equal that is why what i have left for my children shall be split equally in his will also all his personal belongings such as all his tools and there were a very large amount of the our father was a master mechanic for many years antique guns riding lawnmower and furniture all items was to be sold and that to be split 4 ways as well then his property was to be sold once again split 4 ways everything that was to be sold the 4 of us were to agree on the sale price again our father keeping everything equal as his love for us our stepsister has disrespected our fathers dying wishes she has not split one account 4 ways says she has no tools guns or any other items that are stated in our fathers will first of all i am truly sickened by the disrespect that our stepsister has shown to my sister and i but what i cannot and will not except is the disrespect of our father that she is displaying my father told my sister and i that he wanted to be cremated as it stated in the will that was what our father wanted and the cremation cost was to be split 4 ways between us and it shall be taken out of his will along with any debt and or child support that may be owed our father ask my sister and i to scatter his ashes around his favorite fishing hole and sense our stepsister was a christian so our father thought would we please allow her to do what made her feel best out of love and respect for our father my sister and i agreed our father didnt know he had to sigh the papers to be cremated so the 4 of us meet at the funeral home agreed to sigh the papers our stepsister spoke p and said she wanted to have a service at the funeral home and a grave side service her knowing that wasnt our fathers wishes so as we sat at the table my sister and i on one side our stepsister and step brother on the other side the funeral director at the head of the table my sister spoke up with the response you know that wasnt what pops wanted but he had ask us to allow you to do what you felt you needed to do with that being said my sister then turned to the funeral director and said as you can see our father had 2 families so my sister and i are requesting to have our fathers ashes split in half the look on this mans face my sister ask if there would be a problem with that request in order for her and i to follow out our fathers final wishes the director agreed quite shocked i had to leave the room i couldnt take any more i was the one that stayed with him the last week of his life at the hospice center and took total care of him as i had promised i wouldnt leave him alone i was aloud to care for my father i was truly blessed thats also my career i am as nurse aide i was placed into my fathers arms when i was born and i was blessed to have him placed in mine when he passed everything my sister and i did out of love and respect we did for our father for our stepsister to disrespect him this way well now my father always knew i was that child of his that would not let his wishes be disregarded so now i will have no regrets but pride to take my stepsister to court with my sister by my side see our father was court ordered to pay child support on me and my sister but not his other to children sense it states in his will about child support being paid if owed can i take a claim against his estate and also sue for every thing that my sister and i are entitled to by his written will the property has not been sold yet because i will not agree on the sell price it is way below appraisal thank you for your time ill appreciate the legal advice devastate by the lack of love and disrespect that has been shown to our father by 2 children that he had equal love and respect for he loved us all and suffered ten fold the last few days of his life please help me and my sister carry out our fathers wishes if at all possible no one is perfect but no ones fathers deserves to suffer as horribly as ours i so love and miss my daddy the one last gift i can give him is to fulfill his last wishes may god be with each and everyone that has to battle the disease of cancer my dad lost the battle but he was true solder all the way until the end
  22. My mother passed 14years ago from cancer. I recently have learned that her oncologist was convicted (January 2008) of three counts of " health care fraud"and one count of "making false statements regarding health care". These charges had been filed while my mother was under this Doctors care. My mother (and other patient) received poor medical care from this individual. Do I/we have a possible suit against this doctor? Thank you, RDHNURSE
  23. My ex-husband left money equally to our two adult children. Our daughter is homeless somewhere and no one has any contact with her. The attorney handling the estate will not disburse our son's half until the daughter is found and contacted. Is there a legal reason for the monies to be withheld from our son until the daughter can be found or at least contacted?
  24. I found out 4 years ago that I may be the father to a beautiful lil girl. The mother and I dated in college and conceived in 2008. We broke up because she was cheating on me and found out that she was sleeping with more than a few guys. She ended up marrying one of the guys and his name is on the birth certificate. Back in 2012 she reached out to me about DNA testing. She swore up and down that I'm the father and the DNA testing was for my sake. I was skeptical because she reached out after I just joined the Navy and something she said didn't make since to me. She told me her husband knew he wasn't the father and was fine with me getting DNA testing. I would look at her FB profile and there are all theses pictures up of a happy little family. Her husband knew at the time she was sleeping with multiple people like I did, and we actually had a couple of fights, (dumb I know, fighting over a girl) so he knew there is a possibility he wasn't the biological father. But she made it sound that he got tested and found out he wasn't for sure. The husband is a good guy. Like me we both got played by this woman. So i didn't pursue the DNA testing. They looked like a happy, well to do, financially secured family. I didn't want to break that up. But in addition i knew how manipulative this woman can be and didn't know for sure her motives. I've never stopped thinking about the little girl and I would just go on FB to look at pictures of her. Since then the family has had 3 more kids and they look like the PERFECT family. I had mix emotions about reaching back out to the mother. One, I didn't want to disrupt or disturb the lil girls life, two, I thought it be selfish of me, and three child support. I didn't see any good that could come from it. Recently I've had a change of heart. I grew up without a father. He had one guy(me) and 3 girls by three different women, the youngest 2 has the same mother. I found out about my siblings in 2010 and just met the youngest a couple of months ago. I knew not growing up with a father caused some development issues with me. But I had no idea the difference in issues were with my sisters. They grew up with a step dad but still the biological father not being there had a major impact. That was the factor that made me realize that whatever the reason I was telling my self I had to pursue this. I reached out to the mother and finally talked to her last night. She admits back in 2012 her and her husband was going through a rough patch and that her husband doesn't know anything about our 2012s conversation nor this one. She was very hostile and defensive. ( i absolutely don't blame her and totally understand). She told me to leave her and her family alone and that I lost my chance 4 years ago. She and her husband worked things out and are happily married. I don't want to step on anyone's shoes or cause any problems in the little girls life or trouble with her family, but I feel that if we can't do this calmly and or on low key that maybe a little disruption now is better in the long term. Better than she finding out later and questioning why her biological dad didn't pursue her or tried to get to know her. What should I do? Do I have any legal grounds or backup? Nothing ties me to this child other than what her mother told me 4 years ago. Can that be enough?
  25. I recently caused damages to apt and have agreed to repay all damages, or dedutible for insurance. We agreed on monthly payments..Repairs were made and I made first payment. The complex is corporate owned and I have asked to have copies of all invoices for repairs and they are not wanting to give to me..Am I entitled to see the amount from the invoices or do I have to take their word for the cost.
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