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Recent Adversary Proceeding questions

I, the borrower, sent a RESPA/TILA Qualified Written Request

I, the borrower, sent a RESPA/TILA Qualified Written Request to a mortgage servicer requesting (proof of claim) the original or an authenticated and certified copy of the Original Promissory Note and to answer questions regarding the history of the sale, transfers or assignments of the mortgage, securitization records. The Bank responded claiming that my QWR did not contain a Notice of Error, therefore they are not required to respond to the QWR.JA: The Lawyer will need to help you with this. Anything else I can tell the Lawyer before I connect you two?Customer: my question: is this bank in violation of the RESPA/TILA regulations in the State of Maryland?JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.

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William B. Esq.

Attorney

Doctoral Degree

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I have someone helping me to draft, motion to reopen

I have someone helping me to draft , motion to reopen adversary proceeding . It look very goodBut my question to you isIn order to make petition / motion to re open adversary proceeding look perfect. Should I attach some document issued by the city ( code enforcement )about permit violation ?? 2. The letter that my realtor agent told seller to compromise /compensate me about many permit violation ??

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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My daughter is being garnished direct loans. She has a lot

My daughter is being garnished for federal direct loans. She has a lot of student debt and ignored the direct loans (against my advice). She has a good job now, but it's hard to pay Sallie Mae and now the garnishment is going to be a hardship. I saw there are companies that offer refinance programs now. This garnishment just took place. She said she did not see anything come in the mail to notify her of the garnishment. Can you suggest website and information to assist her in the best course of action? Is bankruptcy a viable option? She makes about $55,000 or more yearly.

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Gerald, Esq

Juris Doctor

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My house was foreclosed and sold when I only had $6000 left

My house was foreclosed and sold when I only had $6000 left to pay on it. I was behind on payments but had enough to pay nearly double the arrears before the sale. The mortgage company, Residential Credit Solutions, led me to believe that my offer was acceptable and that the sale would not go forward. With those reassurances, I passed on several offers to sell the home. I also passed on bankruptcy. I had several avenues to stop the sale if the mortgage company had not given me those reassurances. Then, just an hour before the sale time, they reneged and it was sold at a substantial profit, none of which came to me. Their grounds, they said, were that they could not know for sure that my funds were available until a few days after the sale was to take place. They also said that I had refinanced many times over the 30+ years I was in the home. That was not true. It had been shuffled around between a few mortgage companies after Countrywide fell apart, but none of those were my doing. I'm convinced that they knew they could sell it at great profit over my paying it off, which I would have done in a few months.

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William B. Esq.

Attorney

Doctoral Degree

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I was in a land contract I missed payments spoke with owner

I was in a land contractI missed payments spoke with owner he said it was ok because I wasn't working and could catch up when working againThen had a man show up at my house telling me I was being evicted & he wanted to see houseFound out brother in law (attorney) took over said I have to be out in 10days and everything owner said was void if I left quietly he would use down payment towards 5000 HE SAID I owed (not saying how I owed it) and just consider it evenI asked for extra week so I could find residence he agreedDuring this time he asked for pics to show to realtor sent ppl to house while I was there to see it n stuck a rent sign in yard I complied so not to cause issuesGot out of house 2days earlyThe brother in law then called said he wants 5000 again I said u told me we were even he said no that was to avoid evictionI asked for itemized list of how he got 5000 he sent a pencil scribbled half done paper with a new total of 7200 nowToday he called n left a msg on my Phn if I don't answer him he will send a bailiff to my job with a summonsWhat do I do?????

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Roger

Litigation Attorney

Doctoral Degree

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Esq JULY 7-2015 New QUESTIONS: Two Questions:

For William B. Esq JULY 7-2015 New QUESTIONS: Two Questions: No.1. Can I file a "motion to stop foreclosure" in the state Of New Jersey on the grounds that their representative or agent Commiited a crime by signing my wife's name to their loan documentswithout our knowledge or permission? No 2. If Ican File a Motion Or File something to stop foreclosure, what is the civil legal term and code, statue or case in NJ that I can refer to? I need this answer ASAP! Fred

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William B. Esq.

Attorney

Doctoral Degree

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I have filed 13 bankruptcy and have hired an

Hi. I have filed for Chapter 13 bankruptcy and have hired an attorney in Atlanta, Ga that is over my case. I filed back in April and obviously still in the bankruptcy and objections of the Trustee have just been answered again but not agreed on yet. Objections Hearing was pushed to July 28th. I have contacted my attorney and, yes, I'm aware that I was to report ALL credit cards I have which i did so. As I understand I am not to acquire other debts during the chapter 13 until it is fully discharged. My question is this...all but 2 of my credit card accounts were closed. I'd had most all paid off completely and at $0.00 balance but 2 accounts are still open apparently understanding I'm in bankruptcy. I understand I'm not supposed to use these cards during the bankruptcy however my question is what happens if I do use them? I fully understand I'm not supposed to and have even read i can have criminal implications should i do so without the Trustee granting me to do so. If I used them anyway on anything (luxury or emergency) without the Trustees knowledge what are the CHANCES I'd be found out and my risk involved? If I simply pay those cards "outside" of the bankruptcy wouldn't i still be ok? They are not high volume cards but it would be nice to have some "fallback" funding and I'm not prepared to go through all of the hassle to get them ok'd by the Trustee. I would think it would be almost next to impossible the Trustee would even know if I used them or not? I'm not looking for a "free pass" or for an attorney to say it's "ok to break ANY laws"...I'm mainly Just looking for a feasible answer SHOULD I take the risk and make the decision to use these 2 credit cards on my own myself while still in bankruptcy ;)

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William B. Esq.

Attorney

Doctoral Degree

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Chapter 7 Bankruptcy Attorney's Advice Please. I'm a creditor

Chapter 7 Bankruptcy Attorney's Advice Please.I'm a creditor in Orange county California. Approximately 3 years ago I obtained a money judgement and personal property lien against a Real Estate Broker in San Juan Capistrano CA that stole from me. The judgment was for approximately $20,000 which included attorneys fees and costs. My attorney who is not a BK attorney but is a litigation attorney filed the personal property lien with the Secretary of State to protect me as a secured creditor.I was able to successfully collect several commissions from the escrow company that the debtors were using. The last collection was approximately $30,000 which satisfied the judgment at that time. However we had to file another motion for more post judgment attorney's fees to amend the judgement again. The Judgment was ultimately amended and $25,000 is now owing. The court did not file the amended judgement until about 3 weeks after his ruling and within that 3 weeks debtors filed chapter 7 BK to get an automatic stay.341A MeetingsAt the 1st 341a meeting my attorney brought to the Trustee's attention that we had filed a lien with the Secretary of State, and the Trustee requested the debtor to amend their schedules and add me as a secured creditor.At the continued 341a meeting today, the debtor refused to amend their schedules adding me as a secured Creditor. Debtor claims that the original Judgement was satisfied in full from the last collection and I am no longer a Secured Creditor, even though the that Judgement was amended to $25,000.What are my chances of winning the case if I file an Adversary claim to prove that I'm a secured creditor?

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I have a (FFELP) student loan that I can not afford to pay,

I have a (FFELP) student loan that I can not afford to pay, I'm on a limited income under $3000.00 a year, it was for my son he went to college one semester and quit leaving me with this loan. I can't even believe I got this loan because my income was the same then as it is now. I have macular degeneration of my eyes, COPD, one kidney and have been going on eight months of surgery on my knees. The loan was with Sallie Mae and the principle balance was 13,737.38 Feb. 02, 2009 haven't made payments since they kept having me sign a deferment and/or forbearance. Navient is now the loan holder and they want me to do the same thing, the principle is now at 23,773.54, estimated total is 34,656.42 and growing because I haven't the means to pay it. Want can I do?

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William B. Esq.

Attorney

Doctoral Degree

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