Damon Duncan, Author at Duncan Law

Foreclosure & Real Estate

What Is A Short-Sale?

December 7, 2011

http://www.youtube.com/watch?v=0R3ToH3saqA&feature=youtu.be If you are behind on your house payments and have decided you no longer wish to keep the house, you may be looking at your options including a short-sale, deed in lieu of foreclosure and bankruptcy. For this blog, we will specifically look at the short-sale. A short-sale occurs when real property (house, land, … Read more

Foreclosure & Real Estate

What Is A Deed In Lieu of Foreclosure?

November 30, 2011

For homeowners that have fallen behind or “defaulted” on their mortgage loan and have decided they do not want to keep the home, a deed in lieu of foreclosure may be an option for them. In the simplest of terms, the deed in lieu allows the homeowners to voluntarily transfer the property from the homeowners … Read more

Credit & Debt

How Do I Write An Answer To A Complaint?

November 23, 2011

http://www.youtube.com/watch?v=zZD3JCsEyqY&feature=youtu.be After a complaint is filed against you, you have 30 days to file an answer to that complaint. There are many generic forms that can be found that will help you to do this. If you use the internet to help you, make sure it is a reputable website that you are getting the … Read more

Credit & Debt

What Is A Complaint? | Parts of A Civil Lawsuit

November 21, 2011

When the sheriff shows up at your door and hands you a stack of papers with a bright yellow sheet on top, what are they actually giving you? Most likely they are giving you what is called a complaint. A complaint is the first step in initiating a lawsuit. This means that someone has filed … Read more

Bankruptcy Basics

Why Won't They Draft Payments From My Bank Account After Filing Bankruptcy?

November 11, 2011

If before filing for bankruptcy you had automatic drafts from your bank accounts to pay other bills then this may stop when you file the bankruptcy. It’s obviously important to know that these automatic drafts may stop because we want to make sure you do not get behind on things like house payments, car payments … Read more

Bankruptcy Basics

Why You Might Need To Do A Quitclaim Deed Or Deed in Lieu of Foreclosure Even After Filing Bankruptcy

November 9, 2011

Whether or not someone who files bankruptcy also needs to do a quitclaim deed or deed in lieu of foreclosure is a question that many bankruptcy attorneys and clients are asking themselves these days. A few years ago, most banks and mortgage companies (we will call them banks for this blog) foreclosed on a property – house or land – within three to four months of the bankruptcy filing. At the foreclosure sale, the bank would pay the property taxes on the house as well as any homeowner association liens on the property. For many people, that is now considered the “good ole’ days”.

Bankruptcy Basics

Why Have I Stopped Getting Statements or Bills After Filing Bankruptcy?

November 7, 2011

When you have filed your bankruptcy petition and receive a case number, an automatic stay is enacted to protect you under the bankruptcy code from creditor contact, lawsuits, repossessions, foreclosures, etc. In turn, this limits the contact a creditor may have with you. If a creditor violates the automatic stay then they can be sanctioned … Read more

Bankruptcy Basics

Are Workers’ Compensation Benefits Protected in Bankruptcy?

October 10, 2011

In many cases when a client walks in our office to seek bankruptcy advice it is because they are at the end of their rope and under severe financial distress. Often times, many clients have already lost or are at risk of losing nearly everything they have. When someone has been injured at work … Read more

Chapter 13 Bankruptcy

Can I Get A Loan Modification While In A Chapter 13 Bankruptcy?

September 27, 2011

Foreclosure & Real Estate

Mortgage Companies Are Taking A Long Time to Foreclose, Isn’t That A Good Thing for Me?

September 22, 2011

As discussed in a previous blog post, it is taking mortgage companies an extraordinary period of time to foreclose on properties these days. Unfortunately, the delay in the foreclose process seems to be a “double-edged sword” depending on the homeowners’ goals. In some cases, it is a benefit to the homeowners, since they may be … Read more

Articles by Damon Duncan

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