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California Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure and Landlord - Tenant for California on
Q: OK so Me and my boyfriend moved in a house about 6 months ago we were on a fixed lease we'll the house got foreclosed up
James L. Arrasmith
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answered on Mar 4, 2024

In California, if you're living in a rental property that gets foreclosed upon, the Protecting Tenants at Foreclosure Act provides you with certain rights. First and foremost, if you have a fixed-term lease, the new owner must honor the lease unless they plan to occupy the property as their... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Small Claims for California on
Q: How do you rid of a mechanical lein on your home?

My mom is about to get a mechanical lein placed on her home mid March. She hired a company to clean and insulate the attic valued at 7200.00. She did not sign a contract. I her son signed an agreement in good faith. So far they don't want to work with us. They want either two installments or... View More

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answered on Feb 28, 2024

Under California law, a mechanic's lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. If a mechanic's lien is placed on your mother's home, it's crucial to address it promptly to avoid... View More

1 Answer | Asked in Contracts, Foreclosure and Estate Planning for California on
Q: How do I get rid of a mechanical lein placed on a home owned by my mom's trust?

My mom needed work done in her attic. A company called Attic Project took on the work knowing very well we didn't have the money stating my mom can pay them back later. I her son signed an agreement. My mom owes them 7200.00 now they want to place a mechanical lein on her home by middle of... View More

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answered on Feb 28, 2024

Under California law, dealing with a mechanic's lien on a property requires prompt and careful action. If a lien has been placed on your mom's home due to unpaid debts for work done, the first step is to review the agreement you signed with Attic Project. It's important to understand... View More

3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

Leon Bayer
Leon Bayer
answered on Feb 15, 2024

Yes, and no. Assuming your lien is validly perfected, you can advance money to the senior lien(s) to reinstate it, which will stop them from foreclosing this time around, and then initiate your own foreclosure process. There is so much to consider before you do anything like that, without much time... View More

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3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

Anthony M. Avery
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answered on Feb 15, 2024

You are probably junior to the foreclosing secured debt. You can bid at the sale to protect your interest. But a sale without a surplus means your lien against the land is extinguished although the debt against the individual is still existent. If there is a surplus, trustees are notorious... View More

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3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

James L. Arrasmith
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answered on Feb 21, 2024

First, review the Notice of Trustee's Sale carefully to understand the timeline and process involved in the sale of the property. Determine the date of the sale and any deadlines for action.

Next, assess your options for recouping the loss of $20,000 in unpaid building materials....
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1 Answer | Asked in Foreclosure, Real Estate Law, Estate Planning and Probate for California on
Q: My father passed away and I have a total of 2 brothers and 2 sisters. My dad had a Mortgage and I need some help.

I'm trying to keep my dad's house in the family and I make enough money to make sure the $900/month mortgage payment is paid. How do I continue to keep it in my family?

James L. Arrasmith
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answered on Jan 31, 2024

To keep your father's house in the family after his passing, you'll need to consider a few important steps. First, determine whether your father had a will or any estate planning documents that specify his wishes for the property. If there's a will, it should outline who inherits the... View More

3 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Civil Rights for California on
Q: I have cousins trying to to take my house that was left to me in a will by my grandma via notary Is that possible?
James L. Arrasmith
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answered on Jan 21, 2024

In California, if a property is bequeathed to you in a will, your right to the property is generally protected. However, the validity of the will itself can be contested. If your grandmother's will was properly executed and notarized, it typically stands as a valid legal document.

Your...
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3 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Civil Rights for California on
Q: I have cousins trying to to take my house that was left to me in a will by my grandma via notary Is that possible?
Julie King
Julie King
answered on Jan 21, 2024

Transferring real estate from one person to another must be done in writing and the document must contain specific language showing it was the intent of the owner to transfer their ownership to the other person. If your grandmother did so in her will, then it’s likely you won’t be able to... View More

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2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: What can I do about a person that hasn't made a mortgage payment in over 4 yrears

I'm the estate executor for my father who has past away...he had sold this property to an individual ,my father also was carrying the note...these person just won't pay ,I've been chasing them around for a year...what can I do??

T. Augustus Claus
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answered on Jan 19, 2024

As the estate executor for your deceased father, if the individual who purchased the property has not made a mortgage payment in over four years, you may have legal options to address the situation. First, review the terms of the sales agreement and the promissory note to understand the specific... View More

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2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: What can I do about a person that hasn't made a mortgage payment in over 4 yrears

I'm the estate executor for my father who has past away...he had sold this property to an individual ,my father also was carrying the note...these person just won't pay ,I've been chasing them around for a year...what can I do??

James L. Arrasmith
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answered on Jan 19, 2024

As the executor of your father's estate in California, dealing with a non-paying buyer in a seller-financed property sale, you have several legal options. Since your father was carrying the note, the estate essentially steps into the role of the lender.

Firstly, review the terms of the...
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1 Answer | Asked in Foreclosure, Real Estate Law, Civil Rights and Landlord - Tenant for California on
Q: Should I contact clear recon group and make sure it's known that im a tenant prior to foreclosure auction?

I, as well as the tenants in three other units on are living on the property still, landlord died a few months ago, his heirs shut off all utilities and prevented us from turning them on and neglected the property, it almost immediately went into foreclosure and I just found out the auction date is... View More

James L. Arrasmith
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answered on Dec 25, 2023

Yes, it would be wise to contact Clear Recon Group to inform them that the property is occupied. As the trustee handling the foreclosure, they should be aware of the presence of tenants. This can affect the foreclosure process and any subsequent actions they take regarding the property.... View More

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: waiting for a reply from a mortgage Relief, is it ok not to pay for your mortgage, or can this bring foreclosure? TX:)
James L. Arrasmith
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answered on Nov 28, 2023

In California, not paying your mortgage can lead to foreclosure. This is because your mortgage agreement is a legal contract where you agree to make regular payments to your lender. If these payments aren't made, the lender has the right to start foreclosure proceedings to recover the amount... View More

1 Answer | Asked in Real Estate Law and Foreclosure for California on
Q: Would there be a foreclosure risk if we hold on to mortgage payments until we hear back from the mortgage relief
James L. Arrasmith
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answered on Nov 28, 2023

Under California law, holding off on mortgage payments while waiting for a response regarding mortgage relief can be risky. Foreclosure proceedings can be initiated by your lender if you miss payments, even if you have applied for mortgage relief. It's important to keep in mind that the... View More

2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: On the day the company that bought my home came to take possession of my home my name was still on the deed

I went to the recorders office to get copies of the deed which still had my name on it

James L. Arrasmith
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answered on Nov 21, 2023

Based on the limited information provided, it seems there may have been an issue with the property title and transfer process when the company bought your home in California. A few key points:

- If your name was still on the deed when the company came to take possession, typically the sale...
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2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: On the day the company that bought my home came to take possession of my home my name was still on the deed

I went to the recorders office to get copies of the deed which still had my name on it

Richard Winblad
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Richard Winblad
answered on Dec 20, 2023

I'm not licensed in California, so this information may be helpful when you visit with a California licensed attorney.

People often confuse the concept of car titles with property ownership. A car title is typically signed over to the purchaser. The same is not true with real estate....
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1 Answer | Asked in Foreclosure for California on
Q: Do I have any right on my house foreclosure 30 years ago without received any letters from lender ?

30 years ago my house been foreclosure which was rented and I was living in different town for my work , and i never received any notification about foreclosure, address is 14796 Briana street Moreno valley CA.

James L. Arrasmith
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answered on Nov 17, 2023

In California, the statute of limitations for challenging a foreclosure based on lack of notice is generally limited. After 30 years, it's highly unlikely that you have any legal recourse regarding the foreclosure. California law requires lenders to provide notice of foreclosure, but if you... View More

1 Answer | Asked in Foreclosure, Probate and Real Estate Law for California on
Q: Can a court ordered receiver take a loan on a paid off house where the homeowners are both dead? And probate case opend

Our house is taken in Norwalk California under health and safety code violations to a receivership where the receiver pulled out equity loans cuz house was paid off for over 50 years myself my mom lived in the property as successors and errors we opened a probate case to protect them from taking us... View More

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answered on Nov 6, 2023

In California, a court-appointed receiver has the authority to take various actions concerning property under their control, which can include taking out loans against the property to pay for repairs or to maintain the property.

However, this power must be granted by the court order that...
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1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Probate for California on
Q: Is a lien attached to a person
James L. Arrasmith
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answered on Nov 6, 2023

In California, a lien is typically attached to a property rather than a person. It serves as a legal claim or hold on the property as security for a debt or charge that must be paid off. When the property is sold, the lien must be satisfied from the proceeds before clear title can be transferred to... View More

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: When I purchased my home there was a fictitious trust deed wit a statue of limitations of 60 years it also gained intere

The realtor elementary the fictitious after two years and rewrote my note a trustee got paid $16000 there is a satisfaction deed and a reconveyance I was 25 years I was clueless as to what happened

James L. Arrasmith
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answered on Oct 23, 2023

Under California law, a fictitious deed of trust is typically used for the purpose of securing future advances or obligations under a line of credit. If the fictitious deed of trust was eliminated and the note was rewritten, it's essential to understand the terms and conditions of the new... View More

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