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D. Nathan Davis
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Claimed Lawyer ProfileQ&A
Summary
Born in Charleston, South Carolina, I have been helping people with financial problems, financial planning and creditor abuse matters for over 40 years. My goal is to have my clients in better shape when their legal matter is concluded than when it bagan.
Practice Areas
- Bankruptcy
- Business Law
- Real Estate Law
- Consumer Law
- Collections
- Estate Planning
- Probate
Fees
- Free Consultation
I meet with you for up to 1 hour at no charge. I often find that I cannot handle a matter and refer you to an attorney I would use if I had the same legal problem. - Contingent Fees
Not all cases are suitable for contingent fee representation. - Rates, Retainers and Additional Information
You will be responsible for costs and expenses even if I take your case on a contingent fee basis.
Jurisdictions Admitted to Practice
- South Carolina
- 4th Circuit
Education
- University of South Carolina School of Law
- Juris Doctor (1975)
Professional Associations
- National Association of Consumer Bankruptcy Attorneys
- member
- - Current
- Activities: participate in forums on national issues.
- South Carolina State Bar
- Member
- - Current
Websites & Blogs
Legal Answers
41 Questions Answered
- Q. Do I have the right to repair and deduct for a built in oven that has not been fixed
- A: You must give your landlord a reasonable amount of time to repair the oven. You should probably give the landlord written notice if the oven is not repaired within a reasonable period of time, you will make the repair yourself and deduct the amount from the monthly rental payment. You should review your lease and strictly comply with any notice requirements set forth in the lease agreement. Make sure that you send the notice to the address set forth in the lease even if you have been sending the rental payments to a different address. You appear to be in a state other than South Carolina and I am not licensed to practice in any other state. You should probably contact an attorney who practices in the state the property is located as there may be other rules that I would not be aware of.
- Q. If I already have a bankruptcy lawyer can I consult with another bankruptcy lawyer?
- A: Most lawyers will not consult with someone who is already represented by an attorney. If you feel the need to consult with a second attorney, you should advise your first attorney that you are doing this. Most attorneys do not feel threatened by such a request and actually expect the second lawyer to confirm that the first lawyer is doing all that is possible. Of course, sometimes a different person may come up with a different way to approach your case that may be better for your particular situation. All attorneys are trying to do the best for you. Attorneys make the most money when they have a referral from a satisfied client. For this reason, telling the first attorney why you are wanting a second opinion is helpful to both the attorney and the client. I hope that you will discuss this with your attorney so that you either meet with a second attorney or resolve the issue that is causing you to want to talk with the second attorney.
- Q. my husband has a mortgage in his name only in sc. Am i responsible for the mortgAGE if he defaults on the loan
- A: The real issue is whether you are on the note or guaranteed the loan. If you did agree to be liable for the debt, then, you would be liable. Usually, if a spouse is not on the mortgage they are not on the note or otherwise guaranteed the loan. Of course, in any foreclosure, the lender will first have to sell the property and only if there is money still owing after the real property is sold will the issue of liability for any portion of the debt be established. You need to speak with an attorney to receive advice as to your situation as I can only make generalized statements without knowledge of what documents you may have signed.
- Q. what kind of attorney would I need if my house & land go up for sell April 1st
- A: It is possible that an attorney could file a motion to reconsider and set aside the sale. That is not very likely particularly with the short period of time you have until the sale occurs. You probably need to hire an attorney who is familiar with bankruptcy laws. You may be able to file bankruptcy to stop the sale, however, you will have to have sufficient income to make payments which may be larger than the original mortgage payment. You need to meet with an attorney to determine if you can stop the foreclosure sale and save the property.
- Q. Hi, I wanted to ask a question about foreclosure.
- A: First, since your check never cleared it would appear that the check was not received. Simply putting a check in the mail is not enough when you are behind this much on your mortgage. You needed to call the lender and make sure that money was received. You also needed to make sure that you sent the correct amount. You have been served with and Summons and Complaint. You need to answer the complaint within 30 days of when you received the complaint. If you fail to respond, you will be held in default and the foreclosure can move forward quickly. Unless you have an extension of time to respond to the complaint in writing signed by the attorney or law firm that began the foreclosure, do not tarry. Even if you are talking to your mortgage company, that does not stop the foreclosure. You need to see an attorney at once to protect yourself if you wish to keep the property.
- Q. Can a credit card company take your home if they file a judgment against you in the state of South Carolina
- A: The answer is a little dificult because the answer can change based upon the facts. The creditor must first sue and obtain a judgment against you. Once the judgment is obtained, it becomes a lien against the property for 10 years. Most of the time the creditor is not going to do any more than this. Since the judgment is a lien against the property, you cannot sell or mortgage the property unless you resolve the judgment by obtaining a release of the property or paying off the judgment. The judgment will be junior to all liens filed prior to the date of the judgment. If the creditor wants to sell the property, the prior liens must be paid before the judgment creditor will receive anything. The judgment creditor's lien is also behind any exemption that attached to the property and the exemption gets paid before the judgment receives anything. If you live in the property and call it your home, you can exempt $59,100.00 and even if you do not live in the property you can possibly claim an exemption of up to $6,100.00. As you can see, the answer really depends on the equity in the property and other factors. Credit card judgments seldom result in the sale of a home. You really need to meet with an attorney to get advice regarding your home. The facts of your situation will determine a lot of the answer.
- Q. How do you get a UCC lien from a shady company with a history of lost cases and tons of BBB complaints terminated?
- A: The only way to get a UCC terminated is to get the company that put it on to terminate the UCC statement. If the company refuses to terminate it, you can sue the company and get a Court order to terminate the UCC. These are filed in the Office of the Secretary of State and this Office cannot do anything to terminate a UCC without the company filing a termination statement or a Court Order from a Judge.
- Q. Can a surviving spouse also claim their deceased spouse’s homestead exemption in SCarolina bankruptcy ?
- A: The estate of a deceased spouse can now claim an exemption for a property used as a residence prior to the spouse's death. What is unclear is how long that exemption can be claimed and how much the exemption actually is worth. The statute that was passed used the original exemption amount. No one is sure if the amount would be the present amount for a person who is living. You need to meet with an attorney who can advise you further in this regard. Creditors are likely not familiar with this amendment.
- Q. where do I go & how to get copies of bankruptcy discharge papers and proof bankruptcy is cleared.
- A: The easy answer is if your attorney who represented the debtor is in business, go to him or her. If you cannot find that person, you could contact another bankruptcy attorney in your area and he or she could go online and get the papers for you. They would, of course, charge you something for the time and expense of doing this. Finally, you can contact the Bankruptcy Court in Columbia, SC and talk to them and they will walk you through the process of finding the documents you are looking for. It will probably take longer to do it this way as the Court has lots of business that it has to handle.
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