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Should I Hire A Real Estate Attorney At This Point In My Home Buying Process?
I Understand The Value Of Having An Attorney Review Everything During A Home Sale... But, I Am Not Entirely Seeing The Purpose At This Point. I Am Buying A Condo, And At This Point In Time I Already Have An Executed Contract, And The Seller Is Using Their Own Title Company And Paying For The Title Insurance.
So If The Title Insurance Is Paid For And In Place, And The Contract Is Already Executed, What Could A Lawyer Do For Me Besides Provide Reassurance?
I Am Not Sure That Reassurance Is Worth The Money.
Most real estate are handle according to the state laws of the state in which you reside. Title and escrow closer make sure these laws are followed to the letter of the law.
Hiring a real estate attorney could be beneficial if there was an unusual transaction, but most real estate transactions are mundane and cookie cutters.
Then if you are securing a mortgage loan another professional is there to insure that things go right during the transaction. These professionals are required by federal and state laws to provide you with the various RESPA law requirements covering interest rate, APR, terms and terms of the mortgage loan you are getting for this transaction.
Now if the sellers are carrying the mortgage loan and there are no mortgage companies you might consider legal advice on the mortgage arrangements and since you are there this attorney might consider looking over your contract.
I hope this has been of some use to you, good luck.
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What Happens After 30 Days In Child Custody Case?
My Ex Was Served The Papers For Child Custody/Visitation Over 30 Days Ago. He Had 30 Days To Respond And Didn'T. Since He Didn'T Respond To The Papers What Is The Next Step? Do We Have To See A Judge? Or Because He Didn'T Respond/Fight It Does That Mean I Just Get What I Asked For?
This actually happened to us.
My husband petitioned for primary custody....the mom didn't "answer" the court.
When we had our hearing, about 45 days after she was served the Judge allowed her to submit an answer THAT morning...he warned her that it was highly inapropriate but because she showed up he wanted to hear what she had to say. We wound up getting a temporary order with her still having custody and my husband having secondary custody....just because she showed up!
Now about 4 years later after we had custody my husband filed a petition for supervised visitation for the mom, she did not answer the court and she did not show up so the Judge basically said tell me what you want exactly and why, we said all other visitation stricken and she can have supervised visits every other Saturday for 4 hours supervised by the step mom or the father, if she is more than 30 minutes late the visitation is void, we want this because the mom doesn't have a stable home or place for the child to visit her in, she changes phone numbers on a monthly basis so it is hard to locate her, twice we have shown up to pick up the child to find a vacant apartment and she had 2 other children removed by the state for failure to send them to school so we feel her judgement is not acceptable for private visits...and the Judge said okay and signed the order.
You can not win custody by default, you have to show up and explain why you want custody, then if he doesn't show up you will most likely get anything reasonable you asked for, so if he doesn't show up ask for sole custody, with supervised visitations that must be planned in advance, no more than 30 minutes late. Talk to your lawyer about putting a default clause in there too....my step son's mom has only shown up for 6 out of 38 visits and it would have been great to say if you miss 3 in a three month period your visitations are suspended....hind sight is 20/20.
P.S. When I filed to adopt my step son she didn't answer the court either and my lawyer said basically that that was her chance to object...she didn't, so she is still allowed to show up in court to explain herself but it is doubtful the Judge will listen since she didn't respond.
Anyone Familiar W/Illegal Immigrant Marriage/Divorce Laws?
Senior Citizen (Lookin' For A Companion) Married A Filipino (20 Yrs His Junior) That Was An Illegal Immigrant. When They Met...She Was Legal...However, After She Finally Convinced Him To Marry Her And They Did Whatever Paperwork They Had To Get....They Got Married.
I Warned Him This Is Probably What She Wanted In Order To Help Make Herself Legal In The U.S. Well The Relationship Didn'T Even Last A Month. She Was Back And Forth, Leaving To Stay With A &Quot;Cousin&Quot; On The Weekends And When She Did Stay At Home....She Slept On The Couch. True Love...Right??
Anyway...She Sent Him Some Paperwork To Sign And Get Notarized...It Was A Blank &Quot;Separation Agreement&Quot; That Was Printed Off The Internet...I Know Because I Found The Site It Was Printed From.
In Reading On This &Quot;Separation Agreement&Quot; It Is No Where Kin To A Legal Separation Or A Divorce.
Needless To Say, I Told Him Not To Sign It After Doing My Research...It Has No Beneficial Means To Him. From Googling...In The Philippines Divorce Isn'T Allowed??? She Is Stating To Him That She Wants To Go Back To The Philippines. My Question Is..Why Is She Wanting Him To Sign This Separation Agreement Unless She Wants Him To Go Ahead And Sign And Get It Notarized So She Can &Quot;Fill In The Blanks&Quot; On It And Then She Will Sign It And Submit It. It'S Got The Property/His And Hers And Alimony And All That Good Stuff On It.
I Do Believe She Should Pay Him Back The $974 For The Wedding Rings (She Hasn'T Givin It Back To Him.) As Well As The $100 He Had To Pay To Take Her Family And Friends Out Because It Was &Quot;Custom&Quot;.
What Can Be Done? I Don'T Think They Can Get An Annulment. She Is Illegal Now...She Needs To Go Back Where She Came From. But He Needs A Divorce. Any Suggestions? He Is Unemployed And On A Fixed Income And Has Nothing.
He can divorce and file in his state of legal residence where they married. If she refuses the judge will grant the divorce anyways. He does not need her permission.
There is no divorce in the Philippines. Only annulments which are expensive $2,000 to $3,000 and can take up to 2 years.
The only one who would benefit from the annulment is the girl.
If they married in the states they can divorce there. There is no reason for an annulment.
If they married in the Philippines the foreigner can divorce and it is fully recognised by the govt here. She is the one who needs the annulment if they married here and the little scammer does not deserve it.
Tell him do not sign anything (good call btw).
Put her butt on a plane and send her home.
Need Legal Advice !!!!?
Im 22 Years Old And My Grilfriend 17 Turning 18 In Feburary We Have Been Dating For 10 Months And We Have Some Accounts Under Our Names We Both Want To Get Married. Her Mother Dosent Know That Shes Pregnant Nor That We Have Been Going Out . My Girlfriend And My Parents Talked About It Already And They Also Talked To A Ex District Attorney About What Would Happen If Her Mother Wanted To Press Charges . They Said That Since She Is Closer To Age 18 That She Would Be Treated As An Adult And It Would Be Up To Her To Decide What Would Happen? Is This True? She Also Said That They Couldnt Do Anything To Me Incase The Mother Wanted To Press Charges ? I Want To Have Advice Before Me And My Girlfriend Go And Break The News To Her Mother ?
You need to look into consent laws in your area. Is there a blanket age or are minors aged between 16 - 18 only legally able to have sex with people not more than two years older than them? If it is a blanket age and she is under it or it is the second option, then you could be charged with statutory rape.
In order for this to occur there needs to be a complaint made to the police. Are you sure if her mother found out that she would report it? Although it is a difficult time for a lot of parents to find out that they're children have been engaging in sexual activity, many are understanding, particularly if they're in their late teens and have been in a relationship.
Your partner would not be treated as an adult nor would she have the choice as to whether she wants charges pressed. The police or DA are the people who decide whether charges will be pressed or not based on the amount of evidence etc. They may take into account the factors of the situation - ie; she may not want you to be charged, she was almost 18 etc and choose not to, or they may go ahead and charge you anyway. It is up to their discretion. However, a lot of DA's would not want a "hostile witness" that is a witness who although fulfils their legal obligations, is generally uncooperative and unwilling to go ahead. Furthermore providing there was valid consent, it is a fairly minor incident.
I hope this works out for you and I hope your partners mother is understanding.
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