• Breaking News

    Tuesday, October 27, 2020

    Legal Advice Father of children took kids about 3 weeks ago and won’t give them back until I sign an agreement and today I found out their school has been switched. Miami, Fl

    Legal Advice Father of children took kids about 3 weeks ago and won’t give them back until I sign an agreement and today I found out their school has been switched. Miami, Fl


    Father of children took kids about 3 weeks ago and won’t give them back until I sign an agreement and today I found out their school has been switched. Miami, Fl

    Posted: 27 Oct 2020 09:53 AM PDT

    The title nearly sums it up but doesn't do it justice. My children's father (25M) and I (23F) have never been married but lived together for 7 years. I recently broke up with him in March and moved into my own place.

    Since then he has been wanting me to sign a custody agreement. His #1 threat to me would ALWAYS be him taking full custody of our children if we ever broke up since he works at a law firm (paralegal). He would always say and I quote "I have a team of lawyers and judges behind me so I'll get full custody" . Because of this, I was extremely weary about signing anything from him.

    One of my main reasons for leaving him was because he has put his hands on me a number of times, thrown me out, choked me, threatened me. I just couldn't handle it anymore but this is the worse of it all. Our verbal schedule was for him to have the children Monday after school to Thursday morning and the rest of the days are mine until Monday rolls back around.

    Since last week he has had them since Tuesday and won't give them back to me, won't answer phone calls or text messages until I sign the custody agreement that he finally emailed me last night. The custody entitled that he'll have them for all major Holliday's and all I have them for is the weekend. He won't even consider talking to me about working out the days. He said this works best for everybody but the only person it works best for is him I can't even speak to my children. I finally got the opportunity to hear their voices this morning for about 30 seconds until he hung up the phone.

    I can't report a kidnapping since we have no legal agreement. I'm at a lost and I really don't know what to do. I don't mind signing the agreement just so I can see my children but the days aren't fair I'll barely ever get to see them. Can someone please help me please!

    Update: Yesterday the legal aid service everyone provided for me told me that I can't do anything without physically having my children. Yesterday was suppose to be the first day that they physically went back to school rather than e-learning. After calling the school this morning I found out that their school was switched on Friday and they have no idea where.

    I feel like I'm out of luck and at a lost I have no idea what my next move should be.

    submitted by /u/Goldengumdrop
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    Surprise! I rent a first-floor unit but have been paying utilities for first floor and basement this whole time! Richmond, Va.

    Posted: 27 Oct 2020 08:54 AM PDT

    Moved into an apartment (me and gf, if it matters) in Richmond Va. a few months ago. Lease is for the first floor only. Lease says we pay all electric, water, sewer. Fine.

    According to people in the upstairs unit--and seemingly the landlord--turns out the first floor person also pays utilities for the basement. Basement has hot water heater, (gas?) furnace, washer/dryer. All tenants are allowed to use facilities in the basement.

    Additionally, Landlord's lawn mower contractor apparently uses a horrifying toilet in the basement that barely has its own stall. My unit has had water pressure issues/flow issues for weeks. Landlord goes into the basement today and finds that the toilet down there has been running for several weeks since that person was last here and used it. Ostensibly, we are paying for it running constantly over the past few weeks and had no idea.

    We do not have control over the basement, yet apparently pay for the utilities. It is not in the lease that we are responsible for paying the basement utilities. We have been paying utilities for the basement for three months so far.

    Do we report him to someone? Small claims court? Are we able to break the lease over this?

    Thank you so much.

    submitted by /u/Alarming_Maybe
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    Received a notice to cease and desist from a nonexistent attorney

    Posted: 27 Oct 2020 12:17 AM PDT

    I received a notice to cease and desist (via email) from an attorney on a law firm's letterhead. I contacted the law firm and asked if they employed the attorney who sent me the email and PDF C&D notice. They responded that they do not employ that attorney, and asked to see what I received.

    I'm assuming there is no attorney, and that the "client" that the C&D was written for is the creator and sender of the email (she has harassed other people in a similar manner). I'm guessing that the law firm will take some sort of action against the woman who did this, at the least for using their letterhead.

    But personally, I'm curious if she actually broke any laws? She resides in California.

    Edit: I also reside in California.

    Practicing law without a license?

    submitted by /u/SonoranDesserts
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    [HI] Dog Trainer bred my friends purebred German Sheppard without telling them and gave the puppies away

    Posted: 26 Oct 2020 07:22 PM PDT

    This post is for a friend. And on mobile so sorry for formatting.

    My friend has been with their dog trainer for a year and a half. The trainer has a doggy daycare and also does home visits. When he does home visits he also brings his personal dogs along.

    When she went to pick up her dog today from the daycare there was a woman holding a puppy. The receptionist then told my friend that the puppy was from her dog's litter. She then asked if there were any other puppies from the litter left, and she said "no they went fast."

    At no point was my friend informed that the trainers dog was pregnant, that her dog was the dad, or that she had given birth.

    She also has a contract written from the person she bought her dog from stating that she will not breed her dog.

    She thinks that the trainer purposely bred both her purebred German Sheppard and the trainers purebred Border Collie without telling her. She also thinks that the trainer sold the puppies.

    We want to know what she can do so the trainer doesn't do this to any other family's dog.

    Edit:

    The puppy was 3 months old.

    She called him up and we recorded the conversation (since in Hawaii it is legal to record a conversation without consent from the other party).

    He admitted to knowing her dog was the dad a month before the birth. He also admitted to giving away one of the puppies, but selling the other 5. We did not know for how much. He has offered to refund her the cost of "doggy bootcamp" or free day care.

    When she mentioned the puppies to the trainer he was audibly uncomfortable and frustrated.

    submitted by /u/Reaver343
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    Leaving a bad roommate situation as a authorized occupant, trying to get deposit back?

    Posted: 27 Oct 2020 12:17 PM PDT

    [California - United States]

    I've moved around a lot the past few years, at least 5 different places, and had some great roommates. But about 4 months ago I moved into a place with a roommate who seems to have serious issues. Door-slamming, poor communication skills, blasting loud music which bothers me and the neighbors, yelling at me unprovoked. It's been jarring because he showed none of this the first months I was here. My response to this is to move out and find some place better.

    My goal is to get my deposit back ($800), which our roommate agreement says I can only receive if I find someone to replace me. But while I am putting in that effort, my roommate is putting none in himself and basically turning away the people I do find. They are all great university students like him and myself, but he refuses to communicate with them. So it looks like that avenue will not work.

    Right now I am an "Authorized Occupant" in the apartment, not a tenant. I have paid all my rent on time and followed all obligations listed in our roommate agreement, which I will post at the bottom. I'm not sure how legally binding it is considering it's something he printed out and we signed.

    I am willing to do whatever it takes to get my deposit back, because I am tired of trying my best to work with this guy and getting nothing but mistreatment in return, and open to any advice.

    https://imgur.com/a/75kzmdt

    submitted by /u/lifelong_winner
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    HOA claims my contractors damaged roof over a month ago and trying to stick me with the bill

    Posted: 27 Oct 2020 06:33 AM PDT

    Location: FL Classification: Condo

    Hi all,

    I own a condo unit in Florida. It's more of a townhome type structure with 8 units, all two story that share walls and roof (flat roof). My AC went out over the summer. The units are on the roof so it required the HVAC company to rent a crane for the addition/removal of the unit. This was around Sept 15 when all was completed. I'm also renting this unit out (tenant just moved out) and live out of state so I was not physically on site for any of this.

    Yesterday (Oct 26) the HOA president was on the roof of the building with our regular roofer. I believe we have a warranty and whenever there is a leak they come out and fix it. While up there, the roofer stated that their were some patches that didn't look like their work and other damage to the roof that wouldn't be covered.

    The HOA president had the roofer fix the damage to the roof and is now coming to me with the bill. He said that my HVAC people were the last people on the roof and the damaged must have come from them. I called my guy and said they didn't cause any damage and they couldn't patch a roof even if they wanted to. They do ACs, not roofs.

    This seems like purse speculation on behalf of the HOA and I'm not sure how much to push back on this. I'm in the middle of fixing this place up for sale so don't want piss off the HOA but also don't want to be stuck with a bill (~1000) just because they assumed it was something I must have caused with no real proof. Thanks all for your input!

    submitted by /u/Gatorious
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    Is it illegal for Dominos to not allow me to wear a jacket unless I purchase one from them?

    Posted: 26 Oct 2020 04:31 PM PDT

    I recently bought a Jacket because it's freezing outside only to be told by my manager that Dominos will not allow any jacket that isn't a Dominos brand jacket. Problem is, they charge for it and it wouldn't get here immediately. So what am I supposed to do? Be cold? I looked it up and apparently it's an OSHA violation for an employer not to pay for protective material required for the employee to wear. Is this a violation for is this scummy Buisness move perfectly legal?

    Texas is my location. Didn't know that was a thing lol.

    submitted by /u/RedHeadMedia07
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    (OHIO) Is it illegal for my employer to not pay me overtime while on salary making less than $680 a week?

    Posted: 27 Oct 2020 08:20 AM PDT

    I recently started a new position with the glamorous title of 'Network Engineer' or 'Field Service Technician' (title varies by employees). It's requires a lot of traveling between states and excessive hours. With driving included (company vehicle) my hours last week we're just below 80 for the entire week.

    I have since put in a two weeks notice to leave the company due to the lack of compensation for the job at hand. We receive per diem (20 per travel day, 40 per work day) which typically ends on $160 additional per week. Not including perdiem, my salary is at a solid $525 each week.

    Before I announced my leave my boss informed me I would be compensated for my extra time as a 'generous bonus' to hard working employees. After speaking with other coworkers I find it hard to believe I will see this compensation.

    [First time posting; will supply more information as requested]

    Additional information: My boss discussed giving me a 'bonus' for the extra hours. After talking with him again today he has confirmed that while he does plan to compensate me (amount undetermined), it will not be as much since I have confirmed I am departing from the company.

    Update: I have found several resources during my discussion on this thread that support my case that myself and my coworkers should be compensated for overtime.

    The following links explains that as of January 1st, 2020. If an employee is on salary making less than $684.00 per week then they are considered non-exempt from overtime benefits.

    https://www.bestlawyers.com/article/ohio-overtime-laws-2020/2875

    submitted by /u/VividDreamerzzzz
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    [NYC] Is my professor retaliating against me?

    Posted: 27 Oct 2020 09:16 AM PDT

    [NYC, private college]

    Hi everyone. A few weeks ago I was accused by a professor for cheating on an online exam simply because one of my answers to a question looked similar to something online. I denied his claims and tried to explain how I did the question but he still reported me to my college. I told him that I did my work for the question on a separate piece of paper and he never even asked to see the paper, so I didn't know whether I should've sent it to him or not.

    I'm following the process of my college and I appealed his accusation because I did not cheat. I am now waiting to hear back from my deans about their decision.

    A few days ago my professor removed me from the course, deleted all of my submitted work that I did for the class (homework, quizzes, exams), gave me a 0 on the exam. He also explicitly emailed me saying he refuses to grade or look at my work anymore and that I will receive an F for the course. And this is all because I am appealing his accusation. He said I can still join in on lectures and take exams. So I took a quiz for the class yesterday and again, he graded the quiz as an immediate 0.

    At this point, I don't know what to do. This whole situation is seriously dampening my confidence and I can't focus on anything. I worked so hard in this class and the professor is just giving me an automatic 0, and he doesn't even care about what I had to say. The deans still haven't gotten back to me about my case. I feel like the only option I have left is to involve a lawyer in this because I feel like I'm being retaliated against by the professor just for appealing his decision. I was wondering if I should get a lawyer now.

    I'd really appreciate all of your responses. Thank you for taking the time to read this.

    submitted by /u/SuitableCarrot
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    Ownership of a family cemetery - rural Kentucky

    Posted: 27 Oct 2020 11:39 AM PDT

    Hello! I have skimmed some search results and wikis and do not see my exact scenario.

    Several of my family members (one set of grandparents, a set of great grandparents and a few great aunts/uncles, and my sibling that died at birth) are buried in a family cemetery in Kentucky. I was always under the impression that a second cousin owned the land as he maintains the family farm he inherited several miles away. My grandfather always maintained the cemetery until his death in 2008 (mowing, weed-eating, clearing sticks etc.). It wasn't until my grandmother's death in 2013 did I realize that no one was maintaining the property. Since I am not close to the cousin, I just took it upon myself to maintain the property through lawn companies and folks I found on Craigslist. Then I moved pretty far out of state. It turns out that portion of the land was sold, probably a long time ago.

    So I have been maintaining the property for roughly 7 years, with a few periods of it getting overgrown because of difficulty finding someone to do it. I did some research several years ago and found the property owner's name, but I hesitate to approach them for fear that they might take some kind of action with the land.

    So my question is about approaches to actual ownership as I would prefer more control over the land. It is about a quarter acre in the middle of nowhere, but it is on a state highway with pretty easy access. There is a fence, gate, and about 10 graves. Based on their address, I believe the property owners live directly across the street. My preference would be to set up a tiny organization as the entity to own it to get family members to donate for it's care in perpetuity. I am wondering about potential strategies as I have reasonable but not unlimited means and don't know if I have any right to the land by virtue of maintaining it or family history (looking through transfer of deed over time maybe there was some easement on it a while back that would still be in effect).

    I am also taking more harmless steps such as adding the cemetery added to Google maps and having the cemetery recognized by Kentucky's historical society and things like that, but my research so far doesn't suggest that means much other than me making sure it is recognized.

    Thank you for any ideas! Even what works in your state might give me ideas.

    submitted by /u/ZPTs
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    Is this fraud, or just fancy accounting?

    Posted: 27 Oct 2020 08:45 AM PDT

    At the advice of their accountant, my parents have begun to occasionally deposit checks into one of my checking accounts, which they have authorized access to, and then soon afterwards transfer the money to one of their accounts.

    The checks are in my name, for work that I've done to help them. I am getting money from them for my work, just not the money being deposited into my account. I don't think they would ever knowingly commit tax fraud or something, but this whole thing seems a bit fishy and my career is very dependant on me not doing illegal things so I'd like to make sure.

    Location is in northern Florida, if that matters

    submitted by /u/fuckitbucket99
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    I live in NYC. My neighbor from 2 floors above keeps calling management (Equity Residential) because I have my floor lamp next to my desk on at night and it “bothers him”. We got an email today saying that if we don’t move lamp it is a lease violation. What should I do?

    Posted: 26 Oct 2020 08:18 PM PDT

    For context, this is a normal floor lamp. I work late at night and have long hours.

    I've gotten multiple calls from building maintenance and the manager, they even inspected our place twice.

    This is also the only corner where a floor lamp makes sense (given that it is next to my desk, it's a small room, and I don't really have many options)

    Edit: Adding diagram: https://imgur.com/a/gR0LJyE

    Also here's the part of the lease they're saying we're violating:

    "You, your occupants and all guests will: show due consideration for neighbors and not interfere with, disturb or threaten the rights, comfort, health, safety, convenience, quiet enjoyment and use of the building by us, other residents and occupants and any of their guests, agents or invitees"

    submitted by /u/jberr27
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    Uncle died, lawyer and bank think I am the son.

    Posted: 27 Oct 2020 01:20 PM PDT

    Hey guys,

    Got a call from a lawyer like 15 minutes ago. The lawyer and Bank think I am the son of my uncle out of marriage. My uncle had a trust and some other things, as far as I am aware.

    After talking to the lawyer, he wants to me go into court and go over the documents to see if I am the heir or not. My aunt (his sister) would be the heir, (by the way the will was written), I have never met my aunt or uncle, and only met my father once.

    What should I do? If I didn't include enough information I apologize I am at work.

    Edit: location Texas

    submitted by /u/RighteousRits
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    Jerk Neighbor

    Posted: 27 Oct 2020 09:06 AM PDT

    So I have this neighbor directly next door to me, in which we share a property line dividing our backyards, and for years he has thrown debris such as leaves, grass clippings, twigs, and large branches into our yard to avoid taking care of them himself. For a long time we decided to do nothing about it, but recently when my cousins dog got loose at a small gathering net my house we tried tracking it through this neighbors yard which caused them to yell at myself and my young cousin for stepping on the property. They ended up calling the cops on us and continued to call the cops anytime we had people over at our house later at night. These events that took place have escalated the situation beyond being able to simply ask him to stop.

    For context, we have a line of smaller trees/shrubs on our side that line the property, so they tend to grow over into his side and when the leaves fall of course they will also fall on his side. We have told him before that he is allowed to cut anything that is on his side of the fence, but that hasn't stopped him from literally walking over into our yard with his son to cut down one of our shrubs with a chainsaw while we were not home. Luckily we got home as he was in the yard or we may have never caught him doing this.

    I have video evidence if him throwing stuff into our yard, as well as the neighbors across the streets yard, but I'm not sure if there is any legal action to be taken here. Is there ANYTHING we can do to get the authorities involved so that he may stop for good or else be faced with fines?

    ANY HELP would be greatly appreciated!!

    *I live in Michigan, just in case that had any effect on the legality of this matter.

    submitted by /u/noah-s4
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    Employer cancelled my health benefits while on maternity leave

    Posted: 27 Oct 2020 10:42 AM PDT

    United States: CA. I had a baby in March. In August, I received notice that I was no longer insured, effective April 1. I contacted my HR department and they admitted it was done in error, and had fixed it.

    I received a reinstatement notice from the insurance in the mail, but it was effective July 1 (when I returned to work). I figured there was a lag in communications and the benefits would still be applied retroactively.

    A couple weeks ago I got a bill for the services April-June. I have contacted HR, CalPERS (I work for the state) and my insurance carrier and no one is responding. Too many cooks in the kitchen most likely.

    I am wondering if this is worth taking legal action. The bill was for about $3,000, plus they have have been deducting the employee portion from my paycheck since returning, so another $750 or so for those months. I imagine I may pay more in legal fees.

    Thank you!

    submitted by /u/throwaway15120
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    (Missouri) Got fired for going to the mental hospital. I have the voice recording of being fired and documentation from hospital, anything I can do about this? They are fighting me on unemployment as well.

    Posted: 27 Oct 2020 06:55 AM PDT

    Parent got Financial POA over Grandfather/Elder Abuse?

    Posted: 27 Oct 2020 06:03 AM PDT

    My grandparent (lives in Indiana) has started having some light memory issues and I helped my parent (Lives in North Carolina) get POA documents together so that we could help with some of the bills and day to day things to keep his household in order. I'm the backup Financial POA in case if my parent isn't available to discharge their duty. I'd always known that grandparent had some money, but it turns out they have a pretty decent nest egg set aside. When parent found out, they decided that they should move my grandparent out of grandparent's house where they have lived for the past 2 decades, parent purchase a house that is about 300k more than they could have ever afforded and move my grandparent into the basement of said house. Parent is doing this entirely with my grandparent's money. I should note that they did ask and my grandparent initially said they could have xxx amount but emailed them later that day and said they had changed their mind and wanted to stay where they were currently living. Also, the POA does spell out that parent can deal with any and all property transactions "In the interest of the Principal".

    I recognize that dealing with someone with memory problems can be troubling, what that individual is ok with/remembers saying, etc. can change drastically day to day. I do think grandparent needs more care as they live alone but I'm troubled by the way my parent is handling my grandparent's finances. I'm not sure how stuffing grandparent in the basement of a house grandparent doesn't want constitutes as their best interest. Any thoughts on if I should do anything/what to do?

    submitted by /u/elvenmorn
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    Client from former job reached out offering freelance work

    Posted: 27 Oct 2020 08:01 AM PDT

    Hey there, hoping somebody can offer some insight into my situation, was sent here by r/graphic_design. Long story short I worked at a small graphic design firm for almost 13 years in Vermont and got laid off 6-7 months ago. Yesterday I received an email from one of my ex-bosses clients through my freelance website asking if I would be interested in taking on some work. I'm positive I never signed a non compete when I took my old job so I think I'd be ok?

    It could be good money, but I'm a bit nervous as my boss has no issue being litigious. For example after I was laid off I put up my portfolio/freelance website and my ex-boss found it. I had put up portfolio items that I designed during my time at my former job, my best work essentially. They communicated their displeasure with the situation due to the proprietary nature of some of the displayed projects and that I didn't ask I guess? Then they sent me something like a cease and desist letter outlining which things I was allowed to display on my website to which I complied since I didn't want legal trouble.

    So I guess I'm wondering if I should just go ahead and work with the client since I'm 99.9% I didn't sign a NCC or if ethically I should to reach out my my former employer? I should note they've since moved to another estate essentially to retire (they're late 60s). Last I knew they had no plans to actually retire for some reason, but that business had pretty much dried up because of COVID so who knows if they might just close the business anyway?

    Any insight would he appreciated. Thanks!

    submitted by /u/getouttamyskull
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    Forced to give ID to police to see if I'm a felon?

    Posted: 27 Oct 2020 11:18 AM PDT

    I know this will sound strange but hear me out.

    I used to go for walks all the time in my city to get some exercise. One day the idea came to me, to go for walks like normal.... but in a Boba Fett costume. The main reason was just to get some exercise like normal, but people started treating me like a celebrity, because I look pretty close to the actual Boba Fett from the Star Wars movies.

    But best of all, I enjoy the feeling of being anonymous. Because...well frankly I feel kind of stupid walking around in a Star Wars costume, but at the same time its exciting and fun, because of the helmet that covers my face, no one knows who I am.

    I'm doing it for exercise and to stretch my legs, but also because now dozens of people stop me each time and want to take pictures with me, or shout "I love you Boba!" from passing cars... it's just a lot of fun.

    Part of my costume includes a fake, plastic gun. One time police stopped my and demanded I tell them who I am. I told them I would rather remain anonymous. I live in Oklahoma, and Oklahoma is not a stop and identify state.

    After some discussion with tons of other cops who came out, they basically said it is illegal for a felon to have possession of even a fake gun, and because I wasn't giving them my ID, I was interfering with an official police investigation, to see if a crime was being committed, which was a felon being in possession of a fake gun. (I am not a felon by the way). They said based on that logic, if I didn't give them my ID, I would go to jail.

    This was clearly just police getting what they wanted, they weren't actually interested in trying to "stop a crime of a felon having a fake gun". But was what they told me correct? I don't feel it was. It's like being assumed guilty until I can prove I was innocent.

    If stopped again, is there any kind of law I can show them why that argument doesn't work? I'd love to just hand them a printed piece of paper that shows why everything I'm doing is perfectly legal, including not giving my ID.

    And just for clarification, I am only walking along public sidewalks, and not bothering or disrupting anyone else... actually I'm the one constantly being bombarded with requests for photographs, and I don't mind that at all.

    submitted by /u/This-Potato-3768
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    Being refused a refund for a concert that was supposed to happen in June.

    Posted: 27 Oct 2020 01:22 PM PDT

    (Edit : Maryland) Not sure if this belongs here but basically the title. I bought tickets from AXS last January for a show in June. Obviously with COVID the show was postponed and rescheduled for July 21 2021. They are refusing to refund my $200 that I spent on 2 tickets. According to AXS the "event promoter" hasn't decided wether or not to refund.

    I'm moving across the country in May so the chances of me attending the rescheduled event are 0. I understand there are contracts and a lot of jargon that comes along with buying tickets (most people don't read, along with myself mistakingly). I'm wondering if there is anything I can say or do that can put me in the position to get my money refunded. Any help is appreciated!

    submitted by /u/BWinter1985
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    The bank messed up and said my mortgage is 100% paid off. Could I get in trouble for not saying anything?

    Posted: 27 Oct 2020 01:19 PM PDT

    We bought our house in January, originally our mortgage company was rocket mortgage. About 2 months ago we got it refinanced through another company called owning. when we log into our account on owning, it says our loan is paid in full and that our account is closed. I checked rocket mortgage, and it says our loan has been transferred. We don't know how that happened, we're assuming that it's a mistake on their part. Our first mortgage payment should be at the end of this month but it currently shows that we have no upcoming payments. We have been documenting everything. Is this normal? Could I get in trouble for not pointing out their mistake? Could it hurt my credit?

    We live in California.

    submitted by /u/Laniekea
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