FAQ - Baltimore Bankruptcy Lawyer

The Sheriff Came By, Dropped Some Papers Off With My Housekeeper, Have I Been Served?

LPM Dev — Wed, 11 May 2016 23:20:26 +0000

An individual is served if the papers are delivered to somebody of adult age in the household that’s their last known address. The idea behind service is that it shouldn’t be a game to see if a person needs to place the papers directly into the hands of the defendant. The real question is: will the the service reasonably alert the person who is the defendant that there’s been an action or a proceeding filed against them? If the answer is yes, then the courts are going to say the person knows that they’ve been served; they know that they need to take steps to protect their legal rights.

Service can sometimes be difficult because people are trying to evade. They see the sheriff coming and don’t answer the door. That’s why attorneys may have to file affidavits from the process server that the defendant seems to be evading service. The court might then enter an order saying all the attorney needs to do is send a mailing with a certification of the mail, post the papers at the person’s last known address and that person will be deemed to be served even if the sheriff never puts the papers directly in their hands.

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What Is A Ponzi Scheme?

LPM Dev — Wed, 11 May 2016 23:18:35 +0000

A Ponzi scheme is a criminal activity where someone who’s involved in buying and selling investments collects money promising an enormous return and then pays the first people in with the money that the last people invested. The scheme ultimately collapses because there is no real investment and the returns that are being promised are exorbitant and unrealistic. In the bankruptcy world typically a trustee will recognize that the debtor was involved in a Ponzi scheme and file lawsuits trying to recover the large returns that were paid over to the early investors. The early investors are on notice that there’s a fraudulent scheme because the returns they’re getting are just too good to be true.
See video for more information about Ponzi schemes.

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At My Settlement I Felt Rushed So I Didn’t Get The Chance To Read The Documents Before I Signed. Am I Still Bound?

LPM Dev — Wed, 11 May 2016 23:16:35 +0000

In the absence of a good defense, a person who signs a document will be bound by its terms. This is true even if the person felt they didn’t have the time to read the document or didn’t understand what the document meant. Defenses include, duress, fraud and mutual mistake, although these defenses seldom succeed in helping someone escape from their bad deal. For more information see this article, Signed Documents Will Be Enforced Without a Good Defense.

The post At My Settlement I Felt Rushed So I Didn’t Get The Chance To Read The Documents Before I Signed. Am I Still Bound? appeared first on Baltimore Bankruptcy Lawyer.

How can we get the bank to take our house back? We left it after the lender said they were going to foreclose.

LPM Dev — Wed, 11 May 2016 22:46:47 +0000

This troubling story has become a nationwide problem, as more lenders are refusing to consummate their foreclosures of defaulted residential loans. At this point, unless you are willing to be a test case in litigation, there is very little you can do. An aggressive litigating attorney may argue that the bank has caused you to detrimentally rely on the initial sheriff’s auction notice, and therefore the bank should be responsible for all charges that accrue after that date, but this is an untested theory.

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