Episode Transcript
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Speaker 1 (00:00):
This is handle on the law, marginal legal advice where
I tell you you have absolutely no case. What a
case in southern California. I mean, this is really horrific.
There's a seven year old boy, Emmanuel Horrow, seven month
old boy, Emmanuel.
Speaker 2 (00:20):
Horrow, that is missing. But he's not just missing.
Speaker 1 (00:25):
The problem is his parents have been accused and been
charged with murder of this young boy, seven month old,
their kid.
Speaker 2 (00:33):
And it all happened.
Speaker 1 (00:35):
They reported the child missing, and the wife, forty one
year old Rebecca Harrow, she told the police. She calls
the police and said that she was attacked outside of
her car.
Speaker 2 (00:48):
This is in front of a Big five sporting goods store.
That she was.
Speaker 1 (00:51):
Attacked, rendered unconscious and little Emmanuel was taken well. As
the cops are talking to her, all sudden the story
starts getting really hinky. There's contradictions going on, and the
cops say, you know what, something's wrong here. This doesn't
make sense, and she immediately shut up and will did
(01:13):
not cooperate and is not saying anything. So at least
she knows when you shut up with the cops asking
you the question, especially when it looks like you have
a lot to hide. So they've both been charged with
murder and they have been put into jail. It turns
(01:33):
out that the husband, Jake Harrow, it's revealed that he
confessed to the murder of little Emmanuel, and there was
an undercover informant in jail with him, and it turned
out that he admitted to his quote bunk.
Speaker 2 (01:55):
Mate that he in fact rolled over.
Speaker 1 (01:59):
Harrow had told the police he rolled over in bed
and accidentally killed the child and then buried the body.
Speaker 2 (02:07):
And what are the police going to do with that?
Speaker 3 (02:09):
Right?
Speaker 1 (02:09):
I mean, it is possible that you can roll over
in bed, it's true and kill a child. There's also
infant death syndrome, and there's lot of things can happen
to a kid, but I'll tell you, you don't bury
the kid when the child has been accidentally killed. And
so there's enough evidence that they charged him with murder.
(02:32):
Emmanuel's body has not been found yet.
Speaker 2 (02:37):
It's heartbreaking.
Speaker 1 (02:38):
And there was some video of him with police and
he is in a jail suit and he's handcuffed at
least in front, and they were going up in the
mountains looking and he is leading the police to wherever
they thought the body was of their child. And it
turns out that there is nobody. By the way, when
(03:01):
he confessed to that other person in jail, he confessed
to putting the body in a trash can after murdering
their son.
Speaker 2 (03:14):
Yeah, let me tell you.
Speaker 1 (03:16):
You tell me how these two lives have some validity
in staying alive. Lives are sacrisanct, and anybody can be rehabilitated. Right, Yeah,
but that happened to your kid, and you say the
same thing. All right, let's take some phone calls.
Speaker 4 (03:36):
Karen, Hi, Karen, Yes, is a consultation free for a lawyer?
Speaker 1 (03:44):
Now, it depends on what It depends on whether the
lawyer gives you a free consultation.
Speaker 2 (03:49):
Karen. It's up to the lawyer decide whether he gives
you a free consultation or not.
Speaker 5 (03:55):
Okay, can you give me a ball part of how
much a divorce would cost?
Speaker 2 (04:00):
Boy, it's a little.
Speaker 1 (04:02):
It depends, Okay, uncontested divorce, contents to divorce, how much
property is involved in terms of just figuring out finances.
Speaker 2 (04:13):
I mean, I got my divorce and it was uncontested.
Speaker 1 (04:20):
My ex wife and I just sat down and we
didn't argue at all. Everything was easy peasy, But it
took a long time because our finances were screwed up
by our previous our previous accountant, so we had to
unravel all of that and that was pretty pricey. So
(04:43):
there it was uncontested divorce. Now, usually with uncontested divorce,
it's easy. It's a couple of thousand dollars depending it's
it can easily. It can even be four hundred dollars
through the internet. So are you thinking, are you thinking
of getting divorced?
Speaker 5 (04:59):
Yes?
Speaker 2 (04:59):
Yes, what kind of property do you guys own?
Speaker 4 (05:04):
Just a house?
Speaker 1 (05:05):
All right, so that's easy. You just and you bought
it together years ago. Yes, okay, you bought it with
community property or community as.
Speaker 6 (05:15):
That's easy.
Speaker 2 (05:16):
You just yeah, you just split, You just split it.
That's all. It's real simple.
Speaker 5 (05:20):
And also can I can I put money down and
make payments for a divorce?
Speaker 6 (05:26):
Uh?
Speaker 1 (05:26):
Yeah, of course a lawyer will allow you to do that.
A divorce attorney will say deal between you and the attorney.
You go, can I pay you and installments? The attorney
says yes or no. And then when you split the house,
if one buys the other one out, you could negotiate
payments or not negotiate payments. Yeah, so I can't give
you an estimate of what a divorce costs. And a
(05:47):
divorce can cost millions of dollars when uh, there is
huge property at stake and somehow one spouse is accusing
the other spouse of hiding money or custody battles where
the fighting over custody of the kids or fighting over
the dog. Custody of the dog, people spend hundreds of
thousands of dollars. There's no dog on the planet that's
(06:10):
worth a hundred thousand dollars. There's no kid on the
planet worth hundreds of thousands of dollars.
Speaker 2 (06:16):
Larry, Hi, Larry, welcome, good morning.
Speaker 6 (06:20):
Yes, sir, my sister is the executor of my mom's will,
and I think that she is low balling me on
the sale of a mom's house. Okay, so she's offered
me a check.
Speaker 4 (06:38):
And unfortunately I've received that check and have depositive.
Speaker 2 (06:43):
Oh so you've accepted the offer? Oh oh oh? How
much under market? Do you think that she sold the
house for one hundred Okay? So did she?
Speaker 1 (06:56):
And you're both beneficiaries under the will? Yes, okay, so
she got half the money, So she screwed herself.
Speaker 2 (07:05):
To right, yes, all right.
Speaker 1 (07:09):
So here is your lawsuit against her. It's fifty thousand dollars.
And she's going to argue we had to sell it
very quickly.
Speaker 2 (07:18):
How much of the house sell for.
Speaker 6 (07:22):
It didn't sell?
Speaker 3 (07:23):
She bought me out.
Speaker 2 (07:25):
Oh and you agreed to it.
Speaker 1 (07:27):
Oh well, here's the bottom line.
Speaker 2 (07:30):
You agreed to it. You didn't question it.
Speaker 1 (07:34):
When did you realize the car the house sold fifty
or one hundred thousand dollars?
Speaker 2 (07:39):
Under that she bought two days ago? Days, all right?
And when was the money deposited?
Speaker 6 (07:48):
Maybe three weeks ago?
Speaker 2 (07:50):
All right? So now three weeks after you accept the check.
Speaker 1 (07:52):
Now here is what you have, and that is she
is a beneficiary and the executive of the will. So
you can argue she was in conflict and under the law,
she in fact breached your fiduciary duty by giving you
(08:13):
less money than you should should get, So you can.
Speaker 2 (08:17):
Go after her for that.
Speaker 1 (08:18):
For the fifty thousand dollars, I would argue that because
effectively she was double dealing. Effectively, she had bought you
out lowball, and she got the benefit and she was
the executor.
Speaker 2 (08:28):
Now, when she bought you out, you.
Speaker 1 (08:30):
Didn't get a comp of property in the area.
Speaker 2 (08:35):
I mean nothing. You just accepted the money, right.
Speaker 6 (08:38):
The comp came from a estimate that was done two
years ago.
Speaker 1 (08:43):
Oh and you think the property hasn't gone up in
two years. Yeah?
Speaker 2 (08:49):
Yeah, and you did and you didn't.
Speaker 1 (08:51):
Now you do have You do have some argument, and
that is that she got the benefit by selling you,
by under under selling the house that it really didn't
under sell. She screwed you for fifty thousand dollars. You know,
it's sort of a wobbler because she's gonna argue you
accepted it. I don't know if written agreement had to
(09:14):
do with it.
Speaker 2 (09:15):
She was in.
Speaker 1 (09:16):
Conflict and breach your fiduciary duty when you signed the
check and deposited.
Speaker 2 (09:22):
Did you put the word idiot anywhere in your name?
Speaker 6 (09:26):
I think it said in the.
Speaker 2 (09:29):
Oh good, all right, good. That makes a great deal
of sense. This is handle on the law.
Speaker 1 (09:37):
Welcome back, Handle on the law, marginal legal advice.
Speaker 2 (09:42):
Caro, Welcome to handle on the law.
Speaker 4 (09:45):
Thank you. My sister filed bankruptcy about two years ago,
and since then she has maxed out like three credit cards,
probably over seventy five hundred dollars worth. I was wondering
if do you think she would be eligible to consolidate
those in one credit card?
Speaker 2 (10:04):
All right, let me ask this.
Speaker 1 (10:06):
The credit the money you spent on the credit cards
happened after the bankruptcy. Correct, yes, Correctka, Okay, so there's
no there's no protection.
Speaker 2 (10:14):
From bankruptcy anymore.
Speaker 1 (10:16):
And strangely enough, credit card companies do give credit cards
to people that have gone bankrupt because they know there's
no protection. The money is owed, and the answer is
can they consolidate it? Of course, you can go to
one of these credit repair organizations and you hear them
(10:37):
on radio and you see them on TV, and they
will do the consolidation. They will cut a deal with
the credit card companies to give you payments or no
interest or fifty cents on the dollar. Because she can say, hey,
I know I can't go bankrupt, but I can't afford
to pay either. And here is the deal. I'll I'll
(11:00):
go out and borrow the money from my uncle, my aunt,
my kids and pay you fifty cents on the dollar.
And so now the credit card company is asking itself,
are we better off fifty cents on the dollar now
or are we better off trying to collect the money
and sue, and we're only talking seventy five hundred dollars,
(11:23):
So yeah, you can consoliate. She can do it on
her own. Actually, because the money is so little. What's
the maximum amount that she owes?
Speaker 4 (11:30):
What's the biggest I'm guessing ten thousand, max.
Speaker 2 (11:34):
Well, you said it was seventy five hundred dollars.
Speaker 4 (11:37):
You just had a prog up to up to ten thousand.
I don't know exactly. I don't want to ask her.
I just want to help her.
Speaker 1 (11:44):
You know what, Why don't you ask her? Because you're
going to help her and say, hey, I want to
help you. I talk to Handle and he wants to
know how big a flake you actually are.
Speaker 4 (11:54):
How would she go about finding a credit repair organization?
Speaker 1 (11:58):
She listens, you can get do an internet search, and
some are really here's the problem. Some are pretty schlocky
and some are excellent, and so she has to look
at reviews. She has to look at anybody else who
has done exactly the same thing.
Speaker 2 (12:15):
Did they do a good job for you?
Speaker 1 (12:17):
So the real issue with her is finding a good one.
And once she has found a good one, then she
lets them do her thing and they come back and say, hey,
can you raise three thousand dollars or five thousand dollars.
We've cut a deal with them, or they're accepting payments
that you can afford. You know, they cut a deal,
(12:38):
will waive the interest whatever. So yeah, it happens to
a whole lot of people. Boy, that wasn't the first
rodeo that someone's been on.
Speaker 2 (12:48):
Frank, Hello, Frank, yes, sir, thank you?
Speaker 4 (12:53):
What thinking my call?
Speaker 2 (12:54):
I have a quick question.
Speaker 7 (12:56):
I own a home, read a loan balance? How other
much to pay off the loan? How can I put
his name on the title? And that's that's effect my property?
Speaker 6 (13:06):
Texts?
Speaker 1 (13:08):
Well, it's yeah, okay, here is the issue. How do
you put his name on it? You just quit claim
from you to both of you. In other words, you're
transferring the product property from you to the two of you.
That's on you. The loan company has nothing to do
(13:28):
with it. Now, can the loan company call the loan?
In other words, is in the loan agreement if you
transfer the property, then we can call the loan.
Speaker 2 (13:39):
Then you will owe all of it.
Speaker 1 (13:41):
But if you continue paying, they don't care, and especially
if you're paying it off, that becomes mood. So yeah,
easily you can transfer the property to your brother, and
you don't need lawyers or anything. You just quit claim
the deed. That's you can look that on the internet.
Now the issue comes the house is reassessed in value because.
Speaker 2 (13:59):
You are transant transferring it.
Speaker 1 (14:02):
You're not transferring it interspousal or to your children. Where
the tax the tax base stays exactly the same, you
get to figure out how much more taxes are going
to be increased by.
Speaker 2 (14:16):
And here's what I would do.
Speaker 1 (14:18):
I would call the assessor's office and simply ask the question,
if someone transfers property to a brother or adds a
sibling's name to it.
Speaker 2 (14:32):
Does that change the tax status.
Speaker 1 (14:35):
That's the way to do it. And I don't know
the answer. If it does, depends on the county. It
depends on the assessor's office. But if you bought your
home a long time ago, how how long did you
how long have you owned your home? Frank about it
and one, oh, yeah, you know, so you're not paying
much tax?
Speaker 2 (14:52):
How much is it worth?
Speaker 1 (14:54):
Where First of all, I started, hold on, hold on,
let me go, let me go backwards, let me go
backwards on this. How much did you pay for the house?
Speaker 7 (15:04):
I paid two hundred now is age sixty, and I
have it a small loan balance.
Speaker 2 (15:09):
Okay, Well the loan balance doesn't matter.
Speaker 1 (15:11):
You paid two hundred thousand, it's worth eight point fifty
and so on two hundred thousand dollars. Your taxes if
you live in southern California count at one percent, So
you two sixteen months, okay, which three thousand dollars a
year since it's increased six hundred thousand dollars, and the
(15:33):
assessor will reassess the property based on what the value
is at the time the property is transferred. You may
end up paying five hundred dollars a month or more
depending on the property. Wow, you pay a lot more
than five hundred dollars, depends on what county you live in.
Speaker 2 (15:51):
But this case, I'm sorry, Orange County. Orange County. Yeah,
you're gonna pay one percent.
Speaker 1 (15:59):
So on eight hundred fifty thousand dollars, it's eighty five
hundred dollars.
Speaker 7 (16:04):
Yes, so that's too much.
Speaker 1 (16:07):
Then don't have your brother on uh don't have your
brother on the uh on on title.
Speaker 2 (16:13):
Leave it to him just the property.
Speaker 7 (16:15):
Pay off the balance because I don't afford to pay anymore.
Speaker 1 (16:18):
No, you don't have to pay off the balance, sell
the Uh.
Speaker 2 (16:24):
Oh, you can, but he can make the payment.
Speaker 1 (16:26):
And Kittie, if your brother will he make the payment? Uh?
And under a legal obligation that he gets the property
or he owns half interest in the property. His main
nay might be not not on it, but he owns
half an interest that you can do.
Speaker 7 (16:42):
He lacks people have it on the paper.
Speaker 2 (16:47):
I'm sure he does.
Speaker 3 (16:49):
Uh.
Speaker 1 (16:49):
In the meantime, let's talk about your choices. If you
can't afford to make the payments anymore, you're going to
lose the house. And there is no house for him
to have his name on. So the two of you
have to work that one out.
Speaker 2 (17:04):
This is Handle on the Law.
Speaker 8 (17:07):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 1 (17:14):
Welcome back Marginal legal Advice where I tell you have
no case. Oh, Danielle, Good morning, Danielle.
Speaker 2 (17:26):
What can I do for you?
Speaker 9 (17:27):
Yes, good morning.
Speaker 5 (17:29):
My father in law owns a house in Porter Ranch
that he's selling. I'm in North Carolina. He's coming to
North Carolina to buy my house. He's stuck in the
house because it's got solar panels that he bought and
there's a lease on them with a company, and there's
no way to contact them, and he was trying to go.
Speaker 1 (17:48):
Yeah, and you know, and I know how, I you
know how, I believe that I'm in exactly the same
position one hundred really, Yeah, you've just described me the name,
with the company everything, and it is a bear. Now
I'm not selling. I'm not selling the house. So I
don't know where you're going with that. Trying to contact them,
(18:10):
that's a different story. And it was my system has
not worked from the time I put it in over
a year ago, and so I'm the first time a
human being called me because I've been trying to reach
them for months.
Speaker 2 (18:25):
The first time I talked to a human.
Speaker 1 (18:26):
Being is when I got called because I owe the money,
and they said, you owe the money, and I said,
do you think I'm paying for it?
Speaker 2 (18:32):
Because the system doesn't work? Are you out of your mind?
Speaker 1 (18:35):
So inevitably I got someone to come out and fix it,
and that's actually happened yesterday.
Speaker 2 (18:41):
So I don't know where to go on this.
Speaker 1 (18:45):
You yeah, I mean that transfers that transfers over.
Speaker 5 (18:52):
You already signed a contract with some ESK girl company
to sell the house as one of those we pay
cash for houses companies, and he's got like a five
bedroom house and Porter Ranch with this all right, yeah.
Speaker 2 (19:03):
No, that's big money.
Speaker 1 (19:04):
I think you have to simply negotiate with your escrow
person saying there's a lease on there and at.
Speaker 2 (19:11):
This point we don't know.
Speaker 1 (19:14):
Is it working, by the way, is the system working, Danielle, Yes.
Speaker 5 (19:18):
It's working as far as I know.
Speaker 2 (19:20):
Okay, let's good news.
Speaker 1 (19:22):
So it's just a question of how how to transfer
and are you still on the hook? And I mean
there's ways around it in escrow because people negotiate that
sort of stuff all the time. And so I'm going
to suggest you talk to the escrow person, uh and
say that.
Speaker 5 (19:40):
They want to want my father in law to buy
it out, and he doesn't want to buy it out.
He wants to transfer the least to the next owner.
Speaker 1 (19:46):
All right, Well let's say this, what if the only
way to do it is to.
Speaker 2 (19:49):
Buy it out?
Speaker 1 (19:51):
Uh? And then you look at when did he buy
his house? Because Porter Ranch is a nice area. When
when did he buy his house?
Speaker 4 (19:58):
Oh?
Speaker 5 (19:58):
Good lord, I have no idea. Maybe in the nineties.
Speaker 1 (20:01):
Okay, So now the house is worth a million and
a half dollars.
Speaker 2 (20:05):
If not more, I'm a million.
Speaker 3 (20:10):
For that.
Speaker 5 (20:10):
It's probably worth at it.
Speaker 2 (20:12):
Okay.
Speaker 1 (20:13):
So let's say it's worth two million dollars and he
bought it in the ninety so there's virtually no mortgage
on it.
Speaker 2 (20:18):
Correct.
Speaker 5 (20:20):
I don't really know.
Speaker 2 (20:21):
I never had, Okay, So I'm assuming he's made a
lot of money on this.
Speaker 1 (20:24):
So so now he sells it for X dollars and
let's say it costs thirty thousand dollars to buy out
the solar system. All right, it's gonna be all right,
fifty thousand dollars to buy out the solar system. So
you had a good solar system. Mine would be in
that range too. And then you ask yourself. So let's
say he sells it for a million dollars. Okay, I'm
(20:47):
just trying to throw a figure out there. What had
he accepted nine hundred and fifty thousand dollars?
Speaker 9 (20:58):
And if he can get out those sales puh yeah.
Speaker 1 (21:02):
If the answer is yes, then what he does is
knock that amount off the sales price and just buy it,
or or he just or he sells it for the
full price and he just writes a check with the
money that he's.
Speaker 5 (21:17):
Getting and I was wondering if it's worth going after
the attorney general.
Speaker 2 (21:22):
No, God, no, that's gonna know.
Speaker 1 (21:25):
I'm assuming he made enough money on this thing, where
fifty thousand dollars uh.
Speaker 2 (21:31):
Is not the end of the world in order to
cut the deal.
Speaker 5 (21:34):
Especially, I'm not so sure his son, my husband is
in jail, and he's paid quite a lot of money
to that person's husband.
Speaker 1 (21:45):
Hold on, wait a minute, your husband is in jail, Danielle.
Speaker 9 (21:50):
Yes, for what we've been married.
Speaker 2 (21:52):
Why is he in jail.
Speaker 5 (21:55):
In decent liberties with a minor under fifteen?
Speaker 2 (21:58):
Wooh? And you're still mayri read Oh yeah, I.
Speaker 5 (22:02):
Don't have to see a reason to not be married
at this point, at that power of attorney. If he
ever gets out, I'm going to get a divorce.
Speaker 1 (22:08):
Okay, all right, fair enough. So I'm assuming you don't
visit him a lot?
Speaker 9 (22:12):
No?
Speaker 2 (22:13):
Never, okay, fair enough?
Speaker 3 (22:15):
No.
Speaker 1 (22:15):
So the question is the question is to ask would
you accepted fifty thousand dollars less for this purchase?
Speaker 2 (22:24):
And usually the answer is yes.
Speaker 1 (22:26):
And what happens is you get the money, whatever amount is,
and you'll write a check and get out of that lease.
That's what I would do, because I don't know at
this point if you have the lease holder, the factively
the mortgage holder, the person that owns a lease, you
can't get.
Speaker 2 (22:42):
Hold of What the hell do you do? What do
you do?
Speaker 9 (22:46):
All?
Speaker 2 (22:46):
Ray? Hello?
Speaker 1 (22:47):
Ray?
Speaker 2 (22:48):
Welcome?
Speaker 6 (22:50):
Hi? Yes, Hey, So I'm calling about my son who's
going to be going to college and he we did
a lease for apartments right next to campus. You know,
I'm the guarant turr and he's the tenant, and so
we went and applied for this three bedroom. He named
(23:12):
two of his friends that he wanted to room with,
and the I guess they did kind of this bait
and switch thing, and we're wondering if this is a
possible class action.
Speaker 2 (23:23):
Okay, ye, First of all, what bait and switched? Did
they do? What exactly do they do?
Speaker 6 (23:27):
Yes? So this is what happened. So they applied for
a three bedroom with the understanding that there would only
be three people in the room, but they only do
the lease with each person individually, so there's no evidence
of who else is in the room, and they didn't
find out until after signing the lease that there's actually
(23:48):
four people in the room and he's sharing a bedroom
with one of his friends.
Speaker 2 (23:52):
So I don't quite understand.
Speaker 1 (23:53):
How are you so it was your It was the
friend that actually changed changed it up, So I don't
quite understand.
Speaker 2 (24:02):
Uh, Okay, they they.
Speaker 1 (24:04):
Put someone in the room, they assign all the Oh
I see, okay, got it.
Speaker 6 (24:10):
And his friend didn't know it either, both surprisedly.
Speaker 1 (24:13):
Okay, I'm assuming you went back to the school and said,
what the hell is going on?
Speaker 2 (24:17):
Right?
Speaker 6 (24:19):
Yeah, well it's not the school, it's the apartment complex. Okay,
are e mailing them back and forth?
Speaker 2 (24:23):
Okay, what are they saying? What are they saying?
Speaker 6 (24:27):
So they're saying that he agreed to a shared bedroom
quote and they had called him the day before signing
the least to confirm this.
Speaker 2 (24:38):
Okay, that doesn't matter. Yeah, that doesn't matter. What did
he sign? Did he allow me? The least doesn't say
anything about it?
Speaker 6 (24:48):
The least says nothing about it. There is one there's
one section where there's a box to check whether it's
a single bedroom, a shared bedroom, a bedroom, or something
that will assign in the future. The one that's checked
is a bedroom that we will assign in the future.
So there's nothing to indicate that the shared bedroom was
(25:09):
it wasn't checked in the lease. There's nothing.
Speaker 1 (25:12):
Okay, hold on what was checked? Was it checks checked?
We'll find someone in the future. Is that what was checked?
Speaker 6 (25:20):
Yes, okay, was checked?
Speaker 1 (25:22):
Okay, so this is the future. Two minutes afterwards, it
is the future. They're gonna argue.
Speaker 6 (25:29):
But it But it didn't say a shared bedroom there.
It said a bedroom, we will assign it. It was
an air It's a section of the lease where it
says what is your private space? In other words, OK.
Speaker 2 (25:41):
I'm a little confused here. Okay. So what they did
is you have a lease that.
Speaker 1 (25:44):
Puts three people in uh this apartment, and they put
a fourth person and you're calling them up uh and
they won't respond, or they say we don't care, or
they say we have a right to do it.
Speaker 6 (25:56):
What are they saying, Ray, there's they're saying that he
agreed need over the phone.
Speaker 1 (26:01):
That's BS. That is BS. That is no, he didn't
agree over the phone.
Speaker 2 (26:06):
Come on, now, you don't you don't make roommates.
Speaker 6 (26:10):
Yeah no, I don't know a roommates didn't know either?
Speaker 2 (26:13):
Yeah no, you can't. Let me tell you.
Speaker 1 (26:14):
A rule about real estate rentals. They have to be
in writing verbal agreements. Me, verbal agreements mean nothing. So
now you have an issue where they've breached the lease,
and what do you do now?
Speaker 2 (26:25):
Uh, do you not let that kid in? Simply say you're.
Speaker 6 (26:30):
Gonna no, no, they there, We're going to still lease it.
It's just that we're thinking of asking for reduced rent
because the advertised rent was nine hundred dollars.
Speaker 2 (26:40):
Okay, the room, all right, now.
Speaker 6 (26:41):
You're sharing it with somebody, all right.
Speaker 2 (26:44):
Okay, then you asked for then you ask for reduced rent.
That's exactly what you do.
Speaker 6 (26:48):
And the question is should we should we go for
a class actions change their lease?
Speaker 2 (26:53):
No, there's no class action there. Practices, no, there's no.
Speaker 1 (26:56):
There's no class action there. And if you start going
for a lawsuit is going to cost you just unbelievable minds.
Speaker 2 (27:02):
So money.
Speaker 1 (27:02):
You have to negotiate it with them, and everything has
to be in writing, and you know it's you know,
what do you do? I wouldn't let the kid in. Oh,
I'd say, hey, you're not allowed. This is handle on
the law. Welcome back, handle on the law. Marginal legal advice.
Speaker 2 (27:21):
Cameron. Hello Cameron, Hey you doing sir? Yes, sir?
Speaker 3 (27:27):
Hy So I'm calling with a little bit kind of
a different question than the majority of people. I'm actually facing.
The bench warn't out of state. I live in Tennessee.
I was charged in York, Pennsylvania with the bench warrant
and the bench warrants over cost contempt. I do have
a public defender that I've been trying to stay in
(27:48):
contact with. I followed all the lawyers instructions, and I
was told that if I did all these things that
I wouldn't all have to appear in Pennsylvania. That's a
long drive. And yeah, charge with the d U. I
and it's my second I'm not a saint.
Speaker 1 (28:10):
I meant okay, uh, okay, so none of that is true.
And they charged you, and I'm assuming you didn't show
up because it's such a drive. Now we're talking about,
Uh they charged.
Speaker 2 (28:24):
You in the first state. What was the first state?
I've already forgotten, I know.
Speaker 3 (28:28):
So it's Pennsylvania that I'm charged with the d U
U Okay, and uh I did I did appear.
Speaker 2 (28:36):
Okay, and they convicted you.
Speaker 3 (28:38):
Is that right correct? And I've started I've done that,
but then I got a court funds.
Speaker 1 (28:46):
Okay, so you didn't pay those so you have a
bed to it for not paying those fees and okay,
and they domesticated it in Pennsylvania because the court was
and again my memory is like with gone this morning.
Speaker 2 (29:01):
Uh, what was the state you got the d UI in?
Speaker 3 (29:06):
It was York Pennsylvania.
Speaker 2 (29:07):
Oh it was jo.
Speaker 1 (29:08):
I thought I heard York and I thought it was
you know, I thought it was New York.
Speaker 2 (29:12):
And I don't put I put the new God Okay.
Speaker 1 (29:15):
So uh, yeah, you didn't pay and you got nailed
on a well basically yeah, I know I get that.
I was thinking whether it's technical or not.
Speaker 6 (29:28):
Uh.
Speaker 2 (29:29):
And so I would to me, yeah, letter how much?
Speaker 3 (29:33):
How much?
Speaker 2 (29:34):
How much do you? How much do you owe? Cameron?
Speaker 3 (29:38):
It's about eleven okay?
Speaker 1 (29:41):
Do you have eleven hundred dollars to pay the court? No?
Speaker 3 (29:46):
Especially with that license. I can't drive to okay.
Speaker 2 (29:49):
So here's what here's what I would do.
Speaker 1 (29:51):
Here's what I would do is, since you can't go there,
you write a letter uh and affidavid uh and hopefully
they take it and the clerk will hand it to
the judge and then the judge decides whether or not
to lift the order. You could probably do this via zoom.
Speaker 3 (30:11):
So I pulled out, I asked for a zoom and
I filled out a financial Affidavid, and there was no
way to submit it. So I sent it to my
lawyer that never responded back to me until the day
of the court.
Speaker 1 (30:24):
Okay, all right, you got it, all right. So you
you write to the courk of the court and you're
asking the judge and you write all of this pursuant affidavit,
and the problem is, how do you prove any of it?
Speaker 3 (30:39):
You know, well, I actually have a I've got an
email trail or a takes trail of everything that I
seen it back and forth, or an email trail back
and forth from the public defender. So you started talking
to me, Okay, you.
Speaker 2 (30:54):
Can, Cameron, so you can prove that you were.
Speaker 1 (31:02):
Well, let me ask you that since they convicted you
and you you missed a contempt hearing, I'm assuming and
so you're going to ask the court to lift the
contempt hearing, and you're going to ask for a payment
plan that you will pay over the course of whatever
because you don't have the eleven hundred dollars. The court
(31:24):
may in fact allow you to do community service where
at the end of it, the case is dismissed.
Speaker 2 (31:32):
That's what you ask for.
Speaker 1 (31:34):
And you can do community service any place in Pennsylvania
and you get to clean up the trash off of
the roadway or the freeway over there, you know those
little hills.
Speaker 3 (31:42):
Say is that I'm out of state. I'm in Tennessee.
Speaker 1 (31:45):
All right, Well you ask about you okay, you ask
about can you do it in Tennessee? And then you
get to a you get to arrange all of it
and say, your honor, I'm prepared to do this. You
ask anyway, you ask, and you say this is they
have a community operating or a community service state program
and here is where it's at and sort of put
(32:07):
all of that together, and especially if you have emails
between you and the public defender approving your case. Yeah,
I mean, judges are gonna, they're gonna, yeah, they're gonna
do it now. Judges are human beings. And if you
try to put all that together, yeah, I can see
it working. I mean, if I were a judg judge
or let it happen, and judges believe for the most part,
(32:27):
in community service.
Speaker 2 (32:29):
Alice, Hello, Alice, welcome, Hey.
Speaker 9 (32:33):
Thank you. My mom recently passed through eighty ah she
did have a trust, and in her trust she did
not put in her Levely time shift. And nobody wants it.
So I know there was supposed to be something like
a disclaimer. We were supposed to anybody who doesn't want
to jet it or have the privilege of paying the
taxes and up keep on it. There is no it's
(32:54):
been totally paid off for years. Who do I give
it to? If she's not infovate and I.
Speaker 2 (33:01):
Don't know who to give it to, Well, you can give.
Speaker 1 (33:03):
It, give it, you can give it to anybody you want, because,
believe me, the timeshare company would love to have someone
pay every single month or every single year, and uh
they'll just pick it up. Uh so uh, I don't
even know if you have the ability to do it.
It just disappeared with her. I mean, are you going
(33:25):
to if there's no probate, you can go with a
summary probate.
Speaker 2 (33:29):
But it's not worth anything, Alice, No, I mean I
don't want it. I don't want them to come back.
Speaker 9 (33:35):
And say, okay, all right, then just leave it alone petuity, Okay,
then just leave it alone.
Speaker 2 (33:41):
That's all. Just forget about.
Speaker 9 (33:43):
It and see what happens.
Speaker 2 (33:44):
Well, I'll tell you what's going to happen. Nothing.
Speaker 1 (33:46):
They're going to go after your mother and they're going
to say you have a contract to pay it. And
then you're going to probably write them back and say,
my mom's not around anymore.
Speaker 3 (33:55):
Uh.
Speaker 1 (33:55):
And they're going to keep on sending letters. And then
you write back you don't have to, but they'll keep
on sending letters and harassing, and you go, my mom
is dead.
Speaker 2 (34:05):
Uh. And then the next one is my mom is
completely dead. Uh.
Speaker 1 (34:09):
And then after that do you have a hard time
understanding what happens.
Speaker 2 (34:12):
To dead people? They don't pay Uh, there's no.
Speaker 9 (34:16):
Nothing, there's perpetuity. There's nothing that makes her children next.
Speaker 2 (34:20):
To no, absolutely absolutely not. Children are not.
Speaker 3 (34:26):
That.
Speaker 1 (34:27):
No, they're you know what they're blowing. They're blowing smoke alice.
Speaker 2 (34:33):
You do you sign? You sign nothing, but I don't
want it?
Speaker 1 (34:37):
There you you sign nothing because they're gonna want you
to accept that time share and you can't agree to that.
Speaker 2 (34:45):
You don't want it and just say I don't want
it and they're gonna come up with it. You have
to have it. No, you don't, that's not true.
Speaker 1 (34:53):
You know what what makes what makes you think that
I want it or I'm responsible.
Speaker 2 (34:59):
It's my mother, would it?
Speaker 9 (35:01):
I bet there's like some kind of tweaky stupid you know,
for the timeshare law.
Speaker 1 (35:08):
And no, there is no law that says children are
responsible for time shares.
Speaker 2 (35:15):
Okay, they're lying to it, they're lying to you. Okay,
just ignore it.
Speaker 1 (35:24):
Ignore it when it comes to your mom's address and
you see it from them, throw it in the trash.
And if they and if they call you and say
you're responsible, you go, no, I'm not.
Speaker 2 (35:35):
And they go, well, yes you are, that's the law,
and they go.
Speaker 1 (35:38):
Okay, take me to court. Okay, file a lawsuit. And
as a matter of fact, Alice, pray they file a lawsuit,
because then you sue them for abusive process, using the
law fraudulently to get money from you.
Speaker 2 (35:56):
Nothing to worry about.
Speaker 1 (35:58):
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(36:19):
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(36:42):
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Speaker 2 (36:57):
This is Handle on the Law.
Speaker 8 (37:01):
You're listening to Bill Handel on demand from KFI a
M six forty
This is handle on the law, marginal legal advice where
I tell you you have absolutely no case. What a
case in southern California. I mean, this is really horrific.
There's a seven year old boy, Emmanuel Horrow, seven month
old boy, Emmanuel.
Speaker 2 (00:20):
Horrow, that is missing. But he's not just missing.
Speaker 1 (00:25):
The problem is his parents have been accused and been
charged with murder of this young boy, seven month old,
their kid.
Speaker 2 (00:33):
And it all happened.
Speaker 1 (00:35):
They reported the child missing, and the wife, forty one
year old Rebecca Harrow, she told the police. She calls
the police and said that she was attacked outside of
her car.
Speaker 2 (00:48):
This is in front of a Big five sporting goods store.
That she was.
Speaker 1 (00:51):
Attacked, rendered unconscious and little Emmanuel was taken well. As
the cops are talking to her, all sudden the story
starts getting really hinky. There's contradictions going on, and the
cops say, you know what, something's wrong here. This doesn't
make sense, and she immediately shut up and will did
(01:13):
not cooperate and is not saying anything. So at least
she knows when you shut up with the cops asking
you the question, especially when it looks like you have
a lot to hide. So they've both been charged with
murder and they have been put into jail. It turns
(01:33):
out that the husband, Jake Harrow, it's revealed that he
confessed to the murder of little Emmanuel, and there was
an undercover informant in jail with him, and it turned
out that he admitted to his quote bunk.
Speaker 2 (01:55):
Mate that he in fact rolled over.
Speaker 1 (01:59):
Harrow had told the police he rolled over in bed
and accidentally killed the child and then buried the body.
Speaker 2 (02:07):
And what are the police going to do with that?
Speaker 3 (02:09):
Right?
Speaker 1 (02:09):
I mean, it is possible that you can roll over
in bed, it's true and kill a child. There's also
infant death syndrome, and there's lot of things can happen
to a kid, but I'll tell you, you don't bury
the kid when the child has been accidentally killed. And
so there's enough evidence that they charged him with murder.
(02:32):
Emmanuel's body has not been found yet.
Speaker 2 (02:37):
It's heartbreaking.
Speaker 1 (02:38):
And there was some video of him with police and
he is in a jail suit and he's handcuffed at
least in front, and they were going up in the
mountains looking and he is leading the police to wherever
they thought the body was of their child. And it
turns out that there is nobody. By the way, when
(03:01):
he confessed to that other person in jail, he confessed
to putting the body in a trash can after murdering
their son.
Speaker 2 (03:14):
Yeah, let me tell you.
Speaker 1 (03:16):
You tell me how these two lives have some validity
in staying alive. Lives are sacrisanct, and anybody can be rehabilitated. Right, Yeah,
but that happened to your kid, and you say the
same thing. All right, let's take some phone calls.
Speaker 4 (03:36):
Karen, Hi, Karen, Yes, is a consultation free for a lawyer?
Speaker 1 (03:44):
Now, it depends on what It depends on whether the
lawyer gives you a free consultation.
Speaker 2 (03:49):
Karen. It's up to the lawyer decide whether he gives
you a free consultation or not.
Speaker 5 (03:55):
Okay, can you give me a ball part of how
much a divorce would cost?
Speaker 2 (04:00):
Boy, it's a little.
Speaker 1 (04:02):
It depends, Okay, uncontested divorce, contents to divorce, how much
property is involved in terms of just figuring out finances.
Speaker 2 (04:13):
I mean, I got my divorce and it was uncontested.
Speaker 1 (04:20):
My ex wife and I just sat down and we
didn't argue at all. Everything was easy peasy, But it
took a long time because our finances were screwed up
by our previous our previous accountant, so we had to
unravel all of that and that was pretty pricey. So
(04:43):
there it was uncontested divorce. Now, usually with uncontested divorce,
it's easy. It's a couple of thousand dollars depending it's
it can easily. It can even be four hundred dollars
through the internet. So are you thinking, are you thinking
of getting divorced?
Speaker 5 (04:59):
Yes?
Speaker 2 (04:59):
Yes, what kind of property do you guys own?
Speaker 4 (05:04):
Just a house?
Speaker 1 (05:05):
All right, so that's easy. You just and you bought
it together years ago. Yes, okay, you bought it with
community property or community as.
Speaker 6 (05:15):
That's easy.
Speaker 2 (05:16):
You just yeah, you just split, You just split it.
That's all. It's real simple.
Speaker 5 (05:20):
And also can I can I put money down and
make payments for a divorce?
Speaker 6 (05:26):
Uh?
Speaker 1 (05:26):
Yeah, of course a lawyer will allow you to do that.
A divorce attorney will say deal between you and the attorney.
You go, can I pay you and installments? The attorney
says yes or no. And then when you split the house,
if one buys the other one out, you could negotiate
payments or not negotiate payments. Yeah, so I can't give
you an estimate of what a divorce costs. And a
(05:47):
divorce can cost millions of dollars when uh, there is
huge property at stake and somehow one spouse is accusing
the other spouse of hiding money or custody battles where
the fighting over custody of the kids or fighting over
the dog. Custody of the dog, people spend hundreds of
thousands of dollars. There's no dog on the planet that's
(06:10):
worth a hundred thousand dollars. There's no kid on the
planet worth hundreds of thousands of dollars.
Speaker 2 (06:16):
Larry, Hi, Larry, welcome, good morning.
Speaker 6 (06:20):
Yes, sir, my sister is the executor of my mom's will,
and I think that she is low balling me on
the sale of a mom's house. Okay, so she's offered
me a check.
Speaker 4 (06:38):
And unfortunately I've received that check and have depositive.
Speaker 2 (06:43):
Oh so you've accepted the offer? Oh oh oh? How
much under market? Do you think that she sold the
house for one hundred Okay? So did she?
Speaker 1 (06:56):
And you're both beneficiaries under the will? Yes, okay, so
she got half the money, So she screwed herself.
Speaker 2 (07:05):
To right, yes, all right.
Speaker 1 (07:09):
So here is your lawsuit against her. It's fifty thousand dollars.
And she's going to argue we had to sell it
very quickly.
Speaker 2 (07:18):
How much of the house sell for.
Speaker 6 (07:22):
It didn't sell?
Speaker 3 (07:23):
She bought me out.
Speaker 2 (07:25):
Oh and you agreed to it.
Speaker 1 (07:27):
Oh well, here's the bottom line.
Speaker 2 (07:30):
You agreed to it. You didn't question it.
Speaker 1 (07:34):
When did you realize the car the house sold fifty
or one hundred thousand dollars?
Speaker 2 (07:39):
Under that she bought two days ago? Days, all right?
And when was the money deposited?
Speaker 6 (07:48):
Maybe three weeks ago?
Speaker 2 (07:50):
All right? So now three weeks after you accept the check.
Speaker 1 (07:52):
Now here is what you have, and that is she
is a beneficiary and the executive of the will. So
you can argue she was in conflict and under the law,
she in fact breached your fiduciary duty by giving you
(08:13):
less money than you should should get, So you can.
Speaker 2 (08:17):
Go after her for that.
Speaker 1 (08:18):
For the fifty thousand dollars, I would argue that because
effectively she was double dealing. Effectively, she had bought you
out lowball, and she got the benefit and she was
the executor.
Speaker 2 (08:28):
Now, when she bought you out, you.
Speaker 1 (08:30):
Didn't get a comp of property in the area.
Speaker 2 (08:35):
I mean nothing. You just accepted the money, right.
Speaker 6 (08:38):
The comp came from a estimate that was done two
years ago.
Speaker 1 (08:43):
Oh and you think the property hasn't gone up in
two years. Yeah?
Speaker 2 (08:49):
Yeah, and you did and you didn't.
Speaker 1 (08:51):
Now you do have You do have some argument, and
that is that she got the benefit by selling you,
by under under selling the house that it really didn't
under sell. She screwed you for fifty thousand dollars. You know,
it's sort of a wobbler because she's gonna argue you
accepted it. I don't know if written agreement had to
(09:14):
do with it.
Speaker 2 (09:15):
She was in.
Speaker 1 (09:16):
Conflict and breach your fiduciary duty when you signed the
check and deposited.
Speaker 2 (09:22):
Did you put the word idiot anywhere in your name?
Speaker 6 (09:26):
I think it said in the.
Speaker 2 (09:29):
Oh good, all right, good. That makes a great deal
of sense. This is handle on the law.
Speaker 1 (09:37):
Welcome back, Handle on the law, marginal legal advice.
Speaker 2 (09:42):
Caro, Welcome to handle on the law.
Speaker 4 (09:45):
Thank you. My sister filed bankruptcy about two years ago,
and since then she has maxed out like three credit cards,
probably over seventy five hundred dollars worth. I was wondering
if do you think she would be eligible to consolidate
those in one credit card?
Speaker 2 (10:04):
All right, let me ask this.
Speaker 1 (10:06):
The credit the money you spent on the credit cards
happened after the bankruptcy. Correct, yes, Correctka, Okay, so there's
no there's no protection.
Speaker 2 (10:14):
From bankruptcy anymore.
Speaker 1 (10:16):
And strangely enough, credit card companies do give credit cards
to people that have gone bankrupt because they know there's
no protection. The money is owed, and the answer is
can they consolidate it? Of course, you can go to
one of these credit repair organizations and you hear them
(10:37):
on radio and you see them on TV, and they
will do the consolidation. They will cut a deal with
the credit card companies to give you payments or no
interest or fifty cents on the dollar. Because she can say, hey,
I know I can't go bankrupt, but I can't afford
to pay either. And here is the deal. I'll I'll
(11:00):
go out and borrow the money from my uncle, my aunt,
my kids and pay you fifty cents on the dollar.
And so now the credit card company is asking itself,
are we better off fifty cents on the dollar now
or are we better off trying to collect the money
and sue, and we're only talking seventy five hundred dollars,
(11:23):
So yeah, you can consoliate. She can do it on
her own. Actually, because the money is so little. What's
the maximum amount that she owes?
Speaker 4 (11:30):
What's the biggest I'm guessing ten thousand, max.
Speaker 2 (11:34):
Well, you said it was seventy five hundred dollars.
Speaker 4 (11:37):
You just had a prog up to up to ten thousand.
I don't know exactly. I don't want to ask her.
I just want to help her.
Speaker 1 (11:44):
You know what, Why don't you ask her? Because you're
going to help her and say, hey, I want to
help you. I talk to Handle and he wants to
know how big a flake you actually are.
Speaker 4 (11:54):
How would she go about finding a credit repair organization?
Speaker 1 (11:58):
She listens, you can get do an internet search, and
some are really here's the problem. Some are pretty schlocky
and some are excellent, and so she has to look
at reviews. She has to look at anybody else who
has done exactly the same thing.
Speaker 2 (12:15):
Did they do a good job for you?
Speaker 1 (12:17):
So the real issue with her is finding a good one.
And once she has found a good one, then she
lets them do her thing and they come back and say, hey,
can you raise three thousand dollars or five thousand dollars.
We've cut a deal with them, or they're accepting payments
that you can afford. You know, they cut a deal,
(12:38):
will waive the interest whatever. So yeah, it happens to
a whole lot of people. Boy, that wasn't the first
rodeo that someone's been on.
Speaker 2 (12:48):
Frank, Hello, Frank, yes, sir, thank you?
Speaker 4 (12:53):
What thinking my call?
Speaker 2 (12:54):
I have a quick question.
Speaker 7 (12:56):
I own a home, read a loan balance? How other
much to pay off the loan? How can I put
his name on the title? And that's that's effect my property?
Speaker 6 (13:06):
Texts?
Speaker 1 (13:08):
Well, it's yeah, okay, here is the issue. How do
you put his name on it? You just quit claim
from you to both of you. In other words, you're
transferring the product property from you to the two of you.
That's on you. The loan company has nothing to do
(13:28):
with it. Now, can the loan company call the loan?
In other words, is in the loan agreement if you
transfer the property, then we can call the loan.
Speaker 2 (13:39):
Then you will owe all of it.
Speaker 1 (13:41):
But if you continue paying, they don't care, and especially
if you're paying it off, that becomes mood. So yeah,
easily you can transfer the property to your brother, and
you don't need lawyers or anything. You just quit claim
the deed. That's you can look that on the internet.
Now the issue comes the house is reassessed in value because.
Speaker 2 (13:59):
You are transant transferring it.
Speaker 1 (14:02):
You're not transferring it interspousal or to your children. Where
the tax the tax base stays exactly the same, you
get to figure out how much more taxes are going
to be increased by.
Speaker 2 (14:16):
And here's what I would do.
Speaker 1 (14:18):
I would call the assessor's office and simply ask the question,
if someone transfers property to a brother or adds a
sibling's name to it.
Speaker 2 (14:32):
Does that change the tax status.
Speaker 1 (14:35):
That's the way to do it. And I don't know
the answer. If it does, depends on the county. It
depends on the assessor's office. But if you bought your
home a long time ago, how how long did you
how long have you owned your home? Frank about it
and one, oh, yeah, you know, so you're not paying
much tax?
Speaker 2 (14:52):
How much is it worth?
Speaker 1 (14:54):
Where First of all, I started, hold on, hold on,
let me go, let me go backwards, let me go
backwards on this. How much did you pay for the house?
Speaker 7 (15:04):
I paid two hundred now is age sixty, and I
have it a small loan balance.
Speaker 2 (15:09):
Okay, Well the loan balance doesn't matter.
Speaker 1 (15:11):
You paid two hundred thousand, it's worth eight point fifty
and so on two hundred thousand dollars. Your taxes if
you live in southern California count at one percent, So
you two sixteen months, okay, which three thousand dollars a
year since it's increased six hundred thousand dollars, and the
(15:33):
assessor will reassess the property based on what the value
is at the time the property is transferred. You may
end up paying five hundred dollars a month or more
depending on the property. Wow, you pay a lot more
than five hundred dollars, depends on what county you live in.
Speaker 2 (15:51):
But this case, I'm sorry, Orange County. Orange County. Yeah,
you're gonna pay one percent.
Speaker 1 (15:59):
So on eight hundred fifty thousand dollars, it's eighty five
hundred dollars.
Speaker 7 (16:04):
Yes, so that's too much.
Speaker 1 (16:07):
Then don't have your brother on uh don't have your
brother on the uh on on title.
Speaker 2 (16:13):
Leave it to him just the property.
Speaker 7 (16:15):
Pay off the balance because I don't afford to pay anymore.
Speaker 1 (16:18):
No, you don't have to pay off the balance, sell
the Uh.
Speaker 2 (16:24):
Oh, you can, but he can make the payment.
Speaker 1 (16:26):
And Kittie, if your brother will he make the payment? Uh?
And under a legal obligation that he gets the property
or he owns half interest in the property. His main
nay might be not not on it, but he owns
half an interest that you can do.
Speaker 7 (16:42):
He lacks people have it on the paper.
Speaker 2 (16:47):
I'm sure he does.
Speaker 3 (16:49):
Uh.
Speaker 1 (16:49):
In the meantime, let's talk about your choices. If you
can't afford to make the payments anymore, you're going to
lose the house. And there is no house for him
to have his name on. So the two of you
have to work that one out.
Speaker 2 (17:04):
This is Handle on the Law.
Speaker 8 (17:07):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 1 (17:14):
Welcome back Marginal legal Advice where I tell you have
no case. Oh, Danielle, Good morning, Danielle.
Speaker 2 (17:26):
What can I do for you?
Speaker 9 (17:27):
Yes, good morning.
Speaker 5 (17:29):
My father in law owns a house in Porter Ranch
that he's selling. I'm in North Carolina. He's coming to
North Carolina to buy my house. He's stuck in the
house because it's got solar panels that he bought and
there's a lease on them with a company, and there's
no way to contact them, and he was trying to go.
Speaker 1 (17:48):
Yeah, and you know, and I know how, I you
know how, I believe that I'm in exactly the same
position one hundred really, Yeah, you've just described me the name,
with the company everything, and it is a bear. Now
I'm not selling. I'm not selling the house. So I
don't know where you're going with that. Trying to contact them,
(18:10):
that's a different story. And it was my system has
not worked from the time I put it in over
a year ago, and so I'm the first time a
human being called me because I've been trying to reach
them for months.
Speaker 2 (18:25):
The first time I talked to a human.
Speaker 1 (18:26):
Being is when I got called because I owe the money,
and they said, you owe the money, and I said,
do you think I'm paying for it?
Speaker 2 (18:32):
Because the system doesn't work? Are you out of your mind?
Speaker 1 (18:35):
So inevitably I got someone to come out and fix it,
and that's actually happened yesterday.
Speaker 2 (18:41):
So I don't know where to go on this.
Speaker 1 (18:45):
You yeah, I mean that transfers that transfers over.
Speaker 5 (18:52):
You already signed a contract with some ESK girl company
to sell the house as one of those we pay
cash for houses companies, and he's got like a five
bedroom house and Porter Ranch with this all right, yeah.
Speaker 2 (19:03):
No, that's big money.
Speaker 1 (19:04):
I think you have to simply negotiate with your escrow
person saying there's a lease on there and at.
Speaker 2 (19:11):
This point we don't know.
Speaker 1 (19:14):
Is it working, by the way, is the system working, Danielle, Yes.
Speaker 5 (19:18):
It's working as far as I know.
Speaker 2 (19:20):
Okay, let's good news.
Speaker 1 (19:22):
So it's just a question of how how to transfer
and are you still on the hook? And I mean
there's ways around it in escrow because people negotiate that
sort of stuff all the time. And so I'm going
to suggest you talk to the escrow person, uh and
say that.
Speaker 5 (19:40):
They want to want my father in law to buy
it out, and he doesn't want to buy it out.
He wants to transfer the least to the next owner.
Speaker 1 (19:46):
All right, Well let's say this, what if the only
way to do it is to.
Speaker 2 (19:49):
Buy it out?
Speaker 1 (19:51):
Uh? And then you look at when did he buy
his house? Because Porter Ranch is a nice area. When
when did he buy his house?
Speaker 4 (19:58):
Oh?
Speaker 5 (19:58):
Good lord, I have no idea. Maybe in the nineties.
Speaker 1 (20:01):
Okay, So now the house is worth a million and
a half dollars.
Speaker 2 (20:05):
If not more, I'm a million.
Speaker 3 (20:10):
For that.
Speaker 5 (20:10):
It's probably worth at it.
Speaker 2 (20:12):
Okay.
Speaker 1 (20:13):
So let's say it's worth two million dollars and he
bought it in the ninety so there's virtually no mortgage
on it.
Speaker 2 (20:18):
Correct.
Speaker 5 (20:20):
I don't really know.
Speaker 2 (20:21):
I never had, Okay, So I'm assuming he's made a
lot of money on this.
Speaker 1 (20:24):
So so now he sells it for X dollars and
let's say it costs thirty thousand dollars to buy out
the solar system. All right, it's gonna be all right,
fifty thousand dollars to buy out the solar system. So
you had a good solar system. Mine would be in
that range too. And then you ask yourself. So let's
say he sells it for a million dollars. Okay, I'm
(20:47):
just trying to throw a figure out there. What had
he accepted nine hundred and fifty thousand dollars?
Speaker 9 (20:58):
And if he can get out those sales puh yeah.
Speaker 1 (21:02):
If the answer is yes, then what he does is
knock that amount off the sales price and just buy it,
or or he just or he sells it for the
full price and he just writes a check with the
money that he's.
Speaker 5 (21:17):
Getting and I was wondering if it's worth going after
the attorney general.
Speaker 2 (21:22):
No, God, no, that's gonna know.
Speaker 1 (21:25):
I'm assuming he made enough money on this thing, where
fifty thousand dollars uh.
Speaker 2 (21:31):
Is not the end of the world in order to
cut the deal.
Speaker 5 (21:34):
Especially, I'm not so sure his son, my husband is
in jail, and he's paid quite a lot of money
to that person's husband.
Speaker 1 (21:45):
Hold on, wait a minute, your husband is in jail, Danielle.
Speaker 9 (21:50):
Yes, for what we've been married.
Speaker 2 (21:52):
Why is he in jail.
Speaker 5 (21:55):
In decent liberties with a minor under fifteen?
Speaker 2 (21:58):
Wooh? And you're still mayri read Oh yeah, I.
Speaker 5 (22:02):
Don't have to see a reason to not be married
at this point, at that power of attorney. If he
ever gets out, I'm going to get a divorce.
Speaker 1 (22:08):
Okay, all right, fair enough. So I'm assuming you don't
visit him a lot?
Speaker 9 (22:12):
No?
Speaker 2 (22:13):
Never, okay, fair enough?
Speaker 3 (22:15):
No.
Speaker 1 (22:15):
So the question is the question is to ask would
you accepted fifty thousand dollars less for this purchase?
Speaker 2 (22:24):
And usually the answer is yes.
Speaker 1 (22:26):
And what happens is you get the money, whatever amount is,
and you'll write a check and get out of that lease.
That's what I would do, because I don't know at
this point if you have the lease holder, the factively
the mortgage holder, the person that owns a lease, you
can't get.
Speaker 2 (22:42):
Hold of What the hell do you do? What do
you do?
Speaker 9 (22:46):
All?
Speaker 2 (22:46):
Ray? Hello?
Speaker 1 (22:47):
Ray?
Speaker 2 (22:48):
Welcome?
Speaker 6 (22:50):
Hi? Yes, Hey, So I'm calling about my son who's
going to be going to college and he we did
a lease for apartments right next to campus. You know,
I'm the guarant turr and he's the tenant, and so
we went and applied for this three bedroom. He named
(23:12):
two of his friends that he wanted to room with,
and the I guess they did kind of this bait
and switch thing, and we're wondering if this is a
possible class action.
Speaker 2 (23:23):
Okay, ye, First of all, what bait and switched? Did
they do? What exactly do they do?
Speaker 6 (23:27):
Yes? So this is what happened. So they applied for
a three bedroom with the understanding that there would only
be three people in the room, but they only do
the lease with each person individually, so there's no evidence
of who else is in the room, and they didn't
find out until after signing the lease that there's actually
(23:48):
four people in the room and he's sharing a bedroom
with one of his friends.
Speaker 2 (23:52):
So I don't quite understand.
Speaker 1 (23:53):
How are you so it was your It was the
friend that actually changed changed it up, So I don't
quite understand.
Speaker 2 (24:02):
Uh, Okay, they they.
Speaker 1 (24:04):
Put someone in the room, they assign all the Oh
I see, okay, got it.
Speaker 6 (24:10):
And his friend didn't know it either, both surprisedly.
Speaker 1 (24:13):
Okay, I'm assuming you went back to the school and said,
what the hell is going on?
Speaker 2 (24:17):
Right?
Speaker 6 (24:19):
Yeah, well it's not the school, it's the apartment complex. Okay,
are e mailing them back and forth?
Speaker 2 (24:23):
Okay, what are they saying? What are they saying?
Speaker 6 (24:27):
So they're saying that he agreed to a shared bedroom
quote and they had called him the day before signing
the least to confirm this.
Speaker 2 (24:38):
Okay, that doesn't matter. Yeah, that doesn't matter. What did
he sign? Did he allow me? The least doesn't say
anything about it?
Speaker 6 (24:48):
The least says nothing about it. There is one there's
one section where there's a box to check whether it's
a single bedroom, a shared bedroom, a bedroom, or something
that will assign in the future. The one that's checked
is a bedroom that we will assign in the future.
So there's nothing to indicate that the shared bedroom was
(25:09):
it wasn't checked in the lease. There's nothing.
Speaker 1 (25:12):
Okay, hold on what was checked? Was it checks checked?
We'll find someone in the future. Is that what was checked?
Speaker 6 (25:20):
Yes, okay, was checked?
Speaker 1 (25:22):
Okay, so this is the future. Two minutes afterwards, it
is the future. They're gonna argue.
Speaker 6 (25:29):
But it But it didn't say a shared bedroom there.
It said a bedroom, we will assign it. It was
an air It's a section of the lease where it
says what is your private space? In other words, OK.
Speaker 2 (25:41):
I'm a little confused here. Okay. So what they did
is you have a lease that.
Speaker 1 (25:44):
Puts three people in uh this apartment, and they put
a fourth person and you're calling them up uh and
they won't respond, or they say we don't care, or
they say we have a right to do it.
Speaker 6 (25:56):
What are they saying, Ray, there's they're saying that he
agreed need over the phone.
Speaker 1 (26:01):
That's BS. That is BS. That is no, he didn't
agree over the phone.
Speaker 2 (26:06):
Come on, now, you don't you don't make roommates.
Speaker 6 (26:10):
Yeah no, I don't know a roommates didn't know either?
Speaker 2 (26:13):
Yeah no, you can't. Let me tell you.
Speaker 1 (26:14):
A rule about real estate rentals. They have to be
in writing verbal agreements. Me, verbal agreements mean nothing. So
now you have an issue where they've breached the lease,
and what do you do now?
Speaker 2 (26:25):
Uh, do you not let that kid in? Simply say you're.
Speaker 6 (26:30):
Gonna no, no, they there, We're going to still lease it.
It's just that we're thinking of asking for reduced rent
because the advertised rent was nine hundred dollars.
Speaker 2 (26:40):
Okay, the room, all right, now.
Speaker 6 (26:41):
You're sharing it with somebody, all right.
Speaker 2 (26:44):
Okay, then you asked for then you ask for reduced rent.
That's exactly what you do.
Speaker 6 (26:48):
And the question is should we should we go for
a class actions change their lease?
Speaker 2 (26:53):
No, there's no class action there. Practices, no, there's no.
Speaker 1 (26:56):
There's no class action there. And if you start going
for a lawsuit is going to cost you just unbelievable minds.
Speaker 2 (27:02):
So money.
Speaker 1 (27:02):
You have to negotiate it with them, and everything has
to be in writing, and you know it's you know,
what do you do? I wouldn't let the kid in. Oh,
I'd say, hey, you're not allowed. This is handle on
the law. Welcome back, handle on the law. Marginal legal advice.
Speaker 2 (27:21):
Cameron. Hello Cameron, Hey you doing sir? Yes, sir?
Speaker 3 (27:27):
Hy So I'm calling with a little bit kind of
a different question than the majority of people. I'm actually facing.
The bench warn't out of state. I live in Tennessee.
I was charged in York, Pennsylvania with the bench warrant
and the bench warrants over cost contempt. I do have
a public defender that I've been trying to stay in
(27:48):
contact with. I followed all the lawyers instructions, and I
was told that if I did all these things that
I wouldn't all have to appear in Pennsylvania. That's a
long drive. And yeah, charge with the d U. I
and it's my second I'm not a saint.
Speaker 1 (28:10):
I meant okay, uh, okay, so none of that is true.
And they charged you, and I'm assuming you didn't show
up because it's such a drive. Now we're talking about,
Uh they charged.
Speaker 2 (28:24):
You in the first state. What was the first state?
I've already forgotten, I know.
Speaker 3 (28:28):
So it's Pennsylvania that I'm charged with the d U
U Okay, and uh I did I did appear.
Speaker 2 (28:36):
Okay, and they convicted you.
Speaker 3 (28:38):
Is that right correct? And I've started I've done that,
but then I got a court funds.
Speaker 1 (28:46):
Okay, so you didn't pay those so you have a
bed to it for not paying those fees and okay,
and they domesticated it in Pennsylvania because the court was
and again my memory is like with gone this morning.
Speaker 2 (29:01):
Uh, what was the state you got the d UI in?
Speaker 3 (29:06):
It was York Pennsylvania.
Speaker 2 (29:07):
Oh it was jo.
Speaker 1 (29:08):
I thought I heard York and I thought it was
you know, I thought it was New York.
Speaker 2 (29:12):
And I don't put I put the new God Okay.
Speaker 1 (29:15):
So uh, yeah, you didn't pay and you got nailed
on a well basically yeah, I know I get that.
I was thinking whether it's technical or not.
Speaker 6 (29:28):
Uh.
Speaker 2 (29:29):
And so I would to me, yeah, letter how much?
Speaker 3 (29:33):
How much?
Speaker 2 (29:34):
How much do you? How much do you owe? Cameron?
Speaker 3 (29:38):
It's about eleven okay?
Speaker 1 (29:41):
Do you have eleven hundred dollars to pay the court? No?
Speaker 3 (29:46):
Especially with that license. I can't drive to okay.
Speaker 2 (29:49):
So here's what here's what I would do.
Speaker 1 (29:51):
Here's what I would do is, since you can't go there,
you write a letter uh and affidavid uh and hopefully
they take it and the clerk will hand it to
the judge and then the judge decides whether or not
to lift the order. You could probably do this via zoom.
Speaker 3 (30:11):
So I pulled out, I asked for a zoom and
I filled out a financial Affidavid, and there was no
way to submit it. So I sent it to my
lawyer that never responded back to me until the day
of the court.
Speaker 1 (30:24):
Okay, all right, you got it, all right. So you
you write to the courk of the court and you're
asking the judge and you write all of this pursuant affidavit,
and the problem is, how do you prove any of it?
Speaker 3 (30:39):
You know, well, I actually have a I've got an
email trail or a takes trail of everything that I
seen it back and forth, or an email trail back
and forth from the public defender. So you started talking
to me, Okay, you.
Speaker 2 (30:54):
Can, Cameron, so you can prove that you were.
Speaker 1 (31:02):
Well, let me ask you that since they convicted you
and you you missed a contempt hearing, I'm assuming and
so you're going to ask the court to lift the
contempt hearing, and you're going to ask for a payment
plan that you will pay over the course of whatever
because you don't have the eleven hundred dollars. The court
(31:24):
may in fact allow you to do community service where
at the end of it, the case is dismissed.
Speaker 2 (31:32):
That's what you ask for.
Speaker 1 (31:34):
And you can do community service any place in Pennsylvania
and you get to clean up the trash off of
the roadway or the freeway over there, you know those
little hills.
Speaker 3 (31:42):
Say is that I'm out of state. I'm in Tennessee.
Speaker 1 (31:45):
All right, Well you ask about you okay, you ask
about can you do it in Tennessee? And then you
get to a you get to arrange all of it
and say, your honor, I'm prepared to do this. You
ask anyway, you ask, and you say this is they
have a community operating or a community service state program
and here is where it's at and sort of put
(32:07):
all of that together, and especially if you have emails
between you and the public defender approving your case. Yeah,
I mean, judges are gonna, they're gonna, yeah, they're gonna
do it now. Judges are human beings. And if you
try to put all that together, yeah, I can see
it working. I mean, if I were a judg judge
or let it happen, and judges believe for the most part,
(32:27):
in community service.
Speaker 2 (32:29):
Alice, Hello, Alice, welcome, Hey.
Speaker 9 (32:33):
Thank you. My mom recently passed through eighty ah she
did have a trust, and in her trust she did
not put in her Levely time shift. And nobody wants it.
So I know there was supposed to be something like
a disclaimer. We were supposed to anybody who doesn't want
to jet it or have the privilege of paying the
taxes and up keep on it. There is no it's
(32:54):
been totally paid off for years. Who do I give
it to? If she's not infovate and I.
Speaker 2 (33:01):
Don't know who to give it to, Well, you can give.
Speaker 1 (33:03):
It, give it, you can give it to anybody you want, because,
believe me, the timeshare company would love to have someone
pay every single month or every single year, and uh
they'll just pick it up. Uh so uh, I don't
even know if you have the ability to do it.
It just disappeared with her. I mean, are you going
(33:25):
to if there's no probate, you can go with a
summary probate.
Speaker 2 (33:29):
But it's not worth anything, Alice, No, I mean I
don't want it. I don't want them to come back.
Speaker 9 (33:35):
And say, okay, all right, then just leave it alone petuity, Okay,
then just leave it alone.
Speaker 2 (33:41):
That's all. Just forget about.
Speaker 9 (33:43):
It and see what happens.
Speaker 2 (33:44):
Well, I'll tell you what's going to happen. Nothing.
Speaker 1 (33:46):
They're going to go after your mother and they're going
to say you have a contract to pay it. And
then you're going to probably write them back and say,
my mom's not around anymore.
Speaker 3 (33:55):
Uh.
Speaker 1 (33:55):
And they're going to keep on sending letters. And then
you write back you don't have to, but they'll keep
on sending letters and harassing, and you go, my mom
is dead.
Speaker 2 (34:05):
Uh. And then the next one is my mom is
completely dead. Uh.
Speaker 1 (34:09):
And then after that do you have a hard time
understanding what happens.
Speaker 2 (34:12):
To dead people? They don't pay Uh, there's no.
Speaker 9 (34:16):
Nothing, there's perpetuity. There's nothing that makes her children next.
Speaker 2 (34:20):
To no, absolutely absolutely not. Children are not.
Speaker 3 (34:26):
That.
Speaker 1 (34:27):
No, they're you know what they're blowing. They're blowing smoke alice.
Speaker 2 (34:33):
You do you sign? You sign nothing, but I don't
want it?
Speaker 1 (34:37):
There you you sign nothing because they're gonna want you
to accept that time share and you can't agree to that.
Speaker 2 (34:45):
You don't want it and just say I don't want
it and they're gonna come up with it. You have
to have it. No, you don't, that's not true.
Speaker 1 (34:53):
You know what what makes what makes you think that
I want it or I'm responsible.
Speaker 2 (34:59):
It's my mother, would it?
Speaker 9 (35:01):
I bet there's like some kind of tweaky stupid you know,
for the timeshare law.
Speaker 1 (35:08):
And no, there is no law that says children are
responsible for time shares.
Speaker 2 (35:15):
Okay, they're lying to it, they're lying to you. Okay,
just ignore it.
Speaker 1 (35:24):
Ignore it when it comes to your mom's address and
you see it from them, throw it in the trash.
And if they and if they call you and say
you're responsible, you go, no, I'm not.
Speaker 2 (35:35):
And they go, well, yes you are, that's the law,
and they go.
Speaker 1 (35:38):
Okay, take me to court. Okay, file a lawsuit. And
as a matter of fact, Alice, pray they file a lawsuit,
because then you sue them for abusive process, using the
law fraudulently to get money from you.
Speaker 2 (35:56):
Nothing to worry about.
Speaker 1 (35:58):
I eat lots of onions and garb, and sometimes I
reek of it. I have morning breath, coffee breadth than
sometimes smelly breath for apparently no reason. Zelman's minty mouth
is my answer, probably yours. You pop two or three
capsules in your mouth, suck on the minty coding, and
when that's gone, you swallow or bite into the capsule
and they go to work in your gut the parsley
(36:19):
seed oil where smelly breath can camp out. So Zelman's
is a double hit mouth and stomach, and no breath
mint can even touch Zelman's. Hours and hours of fresh,
clean breath that's in your future, and your family and
friends will still hate you, but they'll love your breath.
Go to Zelmans dot com promo code KFI. Check out
their special discount. You'll have confidence, you'll get a promotion,
(36:42):
you'll find your soulmate, you'll win the lottery, all because
of your great breath. Okay, maybe not, but you will
have absolutely great breath. Go to Zelmans dot com z
l m I ns Zelmans dot com promo code KFI.
Speaker 2 (36:57):
This is Handle on the Law.
Speaker 8 (37:01):
You're listening to Bill Handel on demand from KFI a
M six forty
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