North Carolina Recent Legal Answers from Lawyers

Yes, you can and you should.  Ideally, you should hire the attorney who already reviewed your case and determined that your rights were violated.Civil rights cases are fairly complex and require the assistance of an experienced attorney who practices in that particular area of law.  Most attorneys do not know that area of law well enough to provide competent, well-informed advice.The fact that you already found one who reviewed your case and determined that your rights were violated is propitious.  Hire him or her and make sure you properly fund your lawsuit.  Many litigants in your situation give up because of the high cost of legal fees in this type of case, and the low probability of successfully recovering anything.  ... Read Answer

Given the instructions, it appears that you should put down Soviet Union. I believe that most if not all USCIS personnel would not hold it against someone putting down Russia as opposed to the Soviet Union on a green card application. Putting down one or the other would in no way comprise a ground of misrepresentation. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

This is impossible to answer withour reviewing your paperwork (equitable distribution order, separation agreement, divorce decree and quitclaim deed) and having a little more information. Was your name the only one on the mortgage loan? This is the most important piece of information you left out. Too many details to be reliably answered in an online forum. If you have a foreclosure hearing date you need to get some very specific legal advice from your own attorney who can also appear at the foreclosure hearing for you and request a continuance so that things can be worked out. ... Read Answer

Yes, you should work with an attorney to process all the forms and documents needed to obtain your wife's lawful permanent resident status. Attorneys fees vary widely on these cases. However, some of us charge a very reasonable flat rate fee, with no hidden expenses to handle the case from start to finish.... Read Answer

The seller would need to get the consent of the loan servicer to the sale and the servicer would ahve to agree to wait on pursuing the foreclosure further until after the sale is concluded. If there is a pending sale date, this may not be possible. You did not provide any specific information about how far along in the foreclosure process this is. You risk going to a closing without knowing that the servicer of the existing loan has agreed to the sale price, etc. The closing attorney may not be able to get a payoff figure if the seller never tells the lender about your offer to purchase and they just leave the lender completely out of the process. ... Read Answer

You need to initiate a "request for loss mitigation" by calling the mortgage company and requesting it. You will need to fill out an application and provide hardship information. You will be given a choice of solutions at the end of the application. Once of those is for a short sale and another for a deed in lieu of foreclosure. Submit the packet and all requested documentation ASAP. At the same time this is going on, locate a realtor with experience in short sales. There are very few short sales now because the value of real estate went way up since 2020. You may not have to do a short sale, a sale for market value may pay off the mortgage and the costs of sale plus get you some money to help you get a new place to live. In my experience, you only need an attorney if the process drags out a long time and an actual foreclosure action is filed against you. If you start the loss mitigation process before you get too far behind, no foreclosure case will be filed. If you are served with legal papers, contact an attorney. Keep very good notes of what you are told by the mortgage company - date and time of the call, who you spoke to and what they said for every call during the process. Keep a copy of your loss mitigation packet. Mail it in by certified mail and keep the tracking number. Keep all letters you receive from the mortgage company.... Read Answer

Have you shown them your contract and proof of all of your payments? You should be able to get copies of your records from your bank for several years. You should gather all of those and show them to the cemetery management and if they do not respond favorably, contact a local attorney for assistance in filing a lawsuit for breach of contract. ... Read Answer

Probably not. USCIS allows applicants and petitioners to file with copies of documents, so when it asks for the originals, that is because it wants them. If your originals are not available, you may try to give an explanatory letter as to why they are not, and provide whatever alternative documentation that you believe covers the same information as in the requested documents. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

The mortgage company will not approve the loan unless they have ownership interest in the property. They can give you a partial interest, or they can give you a life estate with right of survivorship. Your parents need to ahve a consultation with a local real estate and/or estate planning attorney for specific advice concerning their financial situation and yours to determine what the best method will be.... Read Answer

You should be able to obtain copies of your arrest record from the police authorities in the jurisdiction in which you were arrested in most cases. You may or may not be able to have the arrest record certified. In our experience, USCIS officers generally do not insist upon having an arrest record certified if there is a certified disposition by a court. On the matter of the total amount of days that you were incarcerated, most individuals remember the exact number of days – otherwise, they can give their best guess. The point at which the number of days becomes important may be where there is question as to whether a crime is a felony as opposed to a misdemeanor or whether the crime should be considered an aggravated felony or if an offense can be considered a crime involving moral turpitude with issues of inadmissibility or deportability. In those situations, the exact number of days incarcerated may prove important. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Possibly. The defect on your motorcycle must be covered by the terms of the warranty. This defect must substantially impair the value of your motorcycle. You must have presented your vehicle to the dealer for repair four or more times, or your vehicle must have been out of service for a total of 20 or more business days over any 12-month period under the warranty. Consult with an attorney regarding the specifics. You must still make the payments on the bike loan, however. You posted this under Collections and if you stop making the payments your credit will be damaged - keep the payments current. You ahve to pay the finance company regardless of the condition of the bike.... Read Answer

The insurance company only has to send one notice to one address, which I assume your son received. They do not have to send separate notices to both owners if the two owners have separate addresses. It's impossible to be certain with reviewing the contract that you actually signed, but the standard auto financing contracts say it is the owner's responsibility to keep insurance, and that the lender at its sole option can purchase signle interest coverage. Notice I said option. The lender is not required to purchase insurance when full coverage lapses. The standard financing contract says IF there is insurance, the owner must allow the insurance proceeds to benefit the lender. You and your son are responsible for both repairing the car and continuing to make the required loan payments. Neither the insurance company or the lender did anything wrong here, in my opinion. You sould take all of the paperwork to an attorney for a specific, personalized consultation.... Read Answer

Absolutely not! The personal loan, while arguably related to the residential lease, is only connected because that's how you know the individual you lent money to. Keep the two transactions separated.  I'm assuming and I am probably right, that your lease says nothing about lending your tenants money and having it added to their lease obligation. If they are on time on the resnt you cannot start evictin proceedings or demand loan payments as part of rent. If you need to pursue the loan, file a complaint for money owed on the loan only in small claims court. ... Read Answer

To become a United States citizen, usually you must show the U.S. Citizenship & Immigration Services (USCIS) that you speak, understand, and write basic English. You also must pass a test in U.S. government and history. If you have a disability that makes you unable to learn or remember new information like English and history, you can apply for a disability waiver. If USCIS grants the Waiver, you do not have to speak English or take the history test. You can still become a citizen. Retain counsel for assistance. ... Read Answer

If your son was born in the United States and is over the age of 21, he can sponsor you for your green card provided that you entered the United States with permission even though you have accrued decades of overstay. You should retain counsel to explore the facts of your case to see if you do in fact qualify. ... Read Answer

More details are needed. Do you own or rent? Have you reported the issue to the electric company? What was the result of having the furnace checked? If you rent, have you made a written request to the landlord to have the issue checked out? Have you checked the insulation in the house? You never describe the cause of the issue. You let this go on for a very long time. If you own the house, I don't think you have claims against anyone unless there was a cover up of this issue by the seller or if the issue was caused by a faulty system that you purchased. Your claims would be against the manufacturer and may be covered by a warranty.  If you rent, this has been going on a long time. If you have never notified the landlord, I dont think you can get your money back from anyone. You need to notify the landlord as soon as possible.  Either way, whoever you try to sue will allege that you failed to mitigate your damages by letting this go on so long.  This is probably too complicated of an issue to get an adequate answer on a general legal advice forum. Contact a local attorney for specific advice.  ... Read Answer

My first question is are you really on the loan (did you sign a promissory note) and are you sure you are not on the deed. You may have agreed to have the mortgage company take the payments from your checking account but not be an obligor on the mortgage loan. If you really did sign the promissory note at the closing of the home purchase, it would be highly unusual for you not to be listed on the deed. Assuming that you are correct, signing the mortgage loan as a co obligor without being a part owner of the real estate was a very costly mistake.  You have absolutely no ownership interest in the house, and you have no rights to the house at all because you are not married. What you might be entitled to get back, if anything, depends upon what your agreement was with your fiancee when the home was purchased as far as who pays for what. If you pay the mortgage payment but he pays the utilities and home upkeep and that was your agreement, you probably won't get anything back. If you had an agreement but you have actually paid more than what your agreement required you to pay, you may possibly be able to get something back. I don't think you have any recourse for the rent that you paid before you bought the house.  Take the mortgage loan agreement and the deed to a local real estate attorney. More details are needed about who spent what on the house to see if you possibly could recover anything from your fiancee.... Read Answer

$18,000 is a significant distribution to creditors. The Tustee's duty under the Bankruptcy Code is to represent the creditors interests. It's less expensive for you to stay in the home than it is for you to pay rent, but that is not the Trustee's duty. This is something that you or your attorney should have anticipated prior to converting to Chapter 7. Any increase in value of the house which cannot be exempted goes to the creditors in North Carolina bankruptcy courts. It may not be too late to unwind this and convert back to Chapter 13 if you want to keep the house, but you would need to be able to make up the Chapter 13 payments you missed.... Read Answer