Oarman1954

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About Oarman1954

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  1. I apologize if this is in the wrong section...I wasn't sure where to post this. We put my parents house up for sale and got a buyer. The property was supposedly put in a revocable trust in 2008 which became irrevocable when both parents passed, my Mom passing last in Dec 2012. Now that we have a buyer, the title company called me and said the properties owned by my parents were never actually transferred into the trust because the attorney made a mistake in the deed that conveyed ownership to the trust. As best as I can understand it...the attorney mistakenly made my parents the trustees as both the grantees and grantors. Instead of making it X and Y, husband and wife, transfer said properties to X & Y Revocable Living Trust , he made it X ,Trustee of X&Y Revocable Living Trust, and Y, Trustee of X&Y Revocable Living Trust, deed the following properties to X & Y Revocable Living Trust. How no-one caught this I do not know. Now the title company is saying we must use the will left by my parents in the trust to open up probate to be able to sell the house and the other properties. This is going to take time, and a considerable amount of money in attorney fees to file this probate estate. To complicate matters, the trust was funded in 2009, and the attorney that set it up died in 2013. The law firm he was a partner in is still in business however. What should I do? Is it reasonable for me to expect the law firm that botched this trust to do the probate at no charge to us? It is going to cost well over 10K if we have to pay the going rate in Ohio for probate attorney fees? We should have never had to go through probate. I am so frustrated! What recourse do we have, if any? Does the statute of limitations start when the error is discovered? Thanks for any input on this!
  2. One of our wise contributors always says, and correctly, that a bad case in court will be a bad case in arb. In dealing with an OC, the point of arb is as you say, to make it costly so that you may be able to negotiate a settlement. That is the realistic goal . Certain OC's have really wised up in arb and are being much more aggressive, such as Citi, which, will take the arb all the way through its appeal process. Others, like Discover, no longer seem to be interested in pursuing arbitration and so a successful settlement may be easier to come by. You are correct in thinking if you do not prevail in arb ( and if you are unfortunate enough to go all the way to the hearing, you will not prevail) you are no worse off than if you had remained in court and received a judgment. You will have bought yourself a significant amount of time however, either to save up for a possible settlement, prepare for bk., or just to have cost the OC a bunch of money. JAMS is where you are able to do this most effectively. Since we don't know who the OC is I can't speculate further. Be advised, if it is Citi, they will fight you all the way.
  3. Each attorney,law firm and company has to be noticed separately. That's what I was told by JAMS, and that's what I did.
  4. I am not sure you can drop the arbitration. Once the arbitration has commenced if you bail you will be responsible for the fees. I think you need to be released by the arbitrator. If your arbitration had not commenced it would be different...either party can withdraw. If your Motion to Dismiss cites the reason for dismissal is that you are in binding arbitration you could be violating a court order by withdrawing from the arbitration. This is just my two cents but if I was the other side and you withdrew from the arb I would notify the court that you are violating the order to arbitrate. Under the circumstances I think the JBD could re-file. I am not an attorney, and not sure about this but if i were you I would investigate further what your options, and obligations are. You don't want to misstep and give them a victory. You have an excellent chance of prevailing in JAMS , and once the costs start rising...the JBD will most likely settle, and you will be done with it!
  5. I didn't see Clyde's last post before I posted mine...this may work just as well for you, and be simpler...if bankruptcy is what you are after in the near future. Good luck.Do one or the other, or you could use the continuance to get your arb set up.
  6. You don't need to do a continuance...if all you are doing is stalling until you can save up enough to file bankruptcy then what you want to do is let the law firm know you are electing arbitration through the JAMS forum (not AAA). The best way to do this is to actaully file a case with JAMS, Notify the lawfirm (and Citibank) all in the same swoop. To do otherwise will tip off Citi and you will find yourself in AAA, Then, after filing a clain with JAMS ( Linda7 has a huge thread on just how to do all of this...Bless her) you file a motion to compel arbitration with the court. This is going to buy you a minimum of a couple of month's time, and maybe more. If you need more time than that you can actually start making payments to JAMS (your coost will be $250 if it goes this far). You may qualify for a fee waiver...I am not familiar wiht the criteria for that but there are people here that are. I am not familiar with Georgi's rules either... you may have to file an answer first...or you may not want to do that if it jeopordizes your chance at arbitration. DO NOT alert Citi or the law firm you are going to JAMS for arbitration until you have sent JAMS the paperwork. The initial paperwork is very simple. PLEASE read the thread on how to file for arbitration. Unless this is not your debt you will lose to Citi in court. They play hardball and they have the goods. You will not beat them in court. If you only need a few months this will buy you some time...if you have to go down the JAMS trail you can easily stretch this out for 6 month to a year to get your bankruptcy in order.
  7. In Ohio I was able to elect arbitration even after discovery, and the trial date had been set ( 8 months after their filing)...I believe in Ohio you can request it right up until the trial starts. So be sure to check your RCP for Michigan.
  8. I am sorry for not being more specific but I don't want to divulge the information as I know this firm reads these posts and I don't want to alert them to what I am thinking. I think I will take Nascar's very excellent advice and see what an attorney thinks about all this. Thanks so much for all your help. If things go on I will post my progress. Thank-you!
  9. Thank you debtzapper but as I said before...this does not apply to me. I paid all my fees when I filed.
  10. No it should be 28 U.S.C. 1915(a)(3) and here is 28 U.S.C. 1915(a)(3) An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith. Help?
  11. I had my FDCPA lawsuit dismissed. I had responded to the motion to dismiss with what I thought was a very good answer but....guess it didn't fly. At the end of the order the judge put : "Further, the Court certifies pursuant to 28 U.S.C. 1915 9(a)(3) that an appeal from this decision could not be taken in good faith." This refers to people that file without paying their fees. I paid mine when I filed,so why would he refer to this? Does this mean I cannot. or rather, I should not appeal?
  12. I agree. I love the passion Coltfan had for posters and for going after the violators of the FDCPA. The fact that he has successfully beat quite a few debt collectors doesn't hurt either. I agree with savior. While I did not start out having contempt for the law firm that sued me...I was scared...I have it now. Why? Because I have seen firsthand how they are willing to bend the law to suit them, lie, misrepresent situations, and do some very underhanded things. So do I have contempt for them? Yes I do. When I came into this I was looking for a way to try to settle this. I was not expecting some of the very unscrupulous behaviors I have witnessed from this law group. So now I am fighting back. Are all attorneys like this? Of course not! But I think it is great when they are that we have people like Coltfan that are so good at calling them out on it! I have learned so much from so many helpful people on this board, but I must say, Coltfan is right up at the top of the list for helping me, and so many others. I really miss his posts, and his expertise. He was always so willing to help everyone, and I think that is a great thing! And before you say it for me...with what comes across as disapproval......yes...I am a Coltfan...and proud to say so!
  13. I miss his posts too! I loved his style and some of his confidence rubbed off on me! I also miss the humor!