Kentucky Contracts Legal Questions

Attorneys are not supposed to enage in "champerty", i.e. to encourage litigations by financing them.  Although in modern times attorneys are allowed to agree to contingency fees (for most types of claims), they are not supposed to pay the expenses of litigation (i.e. filing fees, court reporter fees, etc.)  Both your attorney and his friend could be at risk.  However, different jurisdictions have slightly different rules in this regard, and also different penalties.  I don't know exactly how the practice is viewed in Kentucky. ... Read More

You have the right to sell, but the sale would be subject to the lien, so if the lien is for, for example, $10,000, you will either have to pay the $10,000 at or before the sale, or the title company will insist that at least $10,000 from the sale is held in escrow to ensure that the lien can be paid.  If you dispute that the lien is proper, and your mother refuses to release it, you would have to start a lawsuit to have the lien removed.... Read More

I assume that DirectTV has refused to provide you with a copy of the recording voluntarily, else you would not has posted this question.  However, you should be able to compel DirectTV to provide a copy during the discovery process in any lawsuit related to the contract dispute.  However, if you signed a written contract with DirectTV, it is likely that the provisions of that agreement will supercede whatever you were previously told.... Read More

Maybe.  The furniture store, or financing company, may have a security interest in the furniture if it has not yet been paid for, and/or the right to repossess the furniture if it was not paid for.  As a general matter, if you buy something, and have no reason to know that there may be a problem with the seller's title, you are considered a bona fide purchaser for value, and have good title against any claims.  The real owner would have to go after the person who sold it to you.  However, if you know, or should know, that there may be a problem with title when you buy the property (for example, the furniture store recorded a lien against the furniture), you buy it subject to that mortgage even if you didn't actually know about it), you take the risk that someone with a claim on the property (here the furniture store) may challenge your transaction or have the furniture sold to satisfy the amount it is owed.  If you lose the furniture, you can sue your seller, but he may not have the money to reimburse you.  I don't know why you think there may be a problem with the previous tenant's ownership of the furniture, but if you know about the problem and decide to buy anyway, you may take the risk of the furniture store being able to get the furniture back from you, or satisfy the previous tenant's obligation by selling the furniture.... Read More

The general answer to your question is yes, he is still liable. As long as he is on the lease and signed it, he's liable. Unfortunately you are jointly liable. This means that if he is not willing to front the money, which I'm assuming is the case, you would be liable for covering the whole rent to the landlord and then you would have to sue him for what he owed. This adds a lot of stress on you and it's a long process that you might not get resolution from. My recommendation would be to talk to your landlord and find out what it will take to break the lease. They might tell you you have to pay certain fines or find someone to take over the lease. Both of these options would be easier than trying to hold a co-signer responsible month after month. If you have to pay fines to get out of it, you could always try and recover those in small claims court. My best advice under property law is to just cut ties for yourself, your landlord may understand if you explain the situation.... Read More