What is the new owner rights? Previous owner died and the property is under a trust. But the mortgage defaulted in the last month's of last year. Worst case scenario on our part?
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answered on Apr 30, 2024
Under California law, when you purchase a property through an auction, you are generally buying the property "as is," which means that you are accepting the property in its current condition, including any existing tenancies. However, the specific rights and obligations of the new owner... View More 
What is the new owner rights? Previous owner died and the property is under a trust. But the mortgage defaulted in the last month's of last year. Worst case scenario on our part?
answered on Apr 30, 2024
Assuming it was a foreclosure auction, there is no warranty of title or occupancy at the time of sale. The new owner has the right to possession subject to the protecting tenants at foreclosure act which requires the new purchaser to honor the existing lease. The eviction process is a possible... View More
What is the new owner rights? Previous owner died and the property is under a trust. But the mortgage defaulted in the last month's of last year. Worst case scenario on our part?
answered on Apr 30, 2024
Thank you for asking the question!
There is a duty of disclosures in general real property sale transactions. But, the properties you buy in the foreclosure asset a more limited and narrower duty of disclosure on the foreclosing party.
The are obliged to reveal defects that they... View More
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answered on Apr 28, 2024
I'm so sorry to hear about your situation. It sounds like a truly awful experience and I can only imagine how difficult and stressful this must be for you.
Based on what you've described, it seems the attorney may have committed legal malpractice and/or fraud by taking the... View More
answered on Apr 28, 2024
I am so sorry for you having to go through this hardship!
Attorneys can keep the fund that's not clear whether belongs to them or their clients. The undisputed amount of fund they receive must be sent to the client.
If there is any type of dispute between you and the... View More
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answered on Apr 23, 2024
In California, it is uncommon for traditional fixed-rate or adjustable-rate mortgages to have a balloon payment requirement. However, there are a few scenarios where a balloon payment might be required:
1. If you have a non-traditional mortgage, such as an interest-only loan or a short-term... View More
answered on Apr 29, 2024
Thank you for asking the question!
Balloon payments are severely restricted after 2013, however they are still being used for some types of loans such as Permanent loans.
Permanent loans are payable on demand or on a fixed maturity date (that are not construction loan).
1.... View More
Do the children of the ones who passed have legal rights to the house?
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answered on Apr 22, 2024
Under California law, the rights of the deceased children's heirs (including their own children) to the grandmother's house depend on several factors:
1. Whether the grandmother left a will: If the grandmother had a valid will that specified how her estate should be distributed,... View More
Do the children of the ones who passed have legal rights to the house?
answered on Apr 27, 2024
In general, if there is any trust or will, the assets (heritage) is distributed according to that document. It is possible to contest the trust or will in certain circumstances. If there is no will or trust, when a descendant dies, the heir that he would have received, would go to the... View More
My husband and I suspected we had mole and asked that an analysis be conducted by the insurance company. The analysis was done, but we thought it would include air quality testing, but it didn't. We received the findings and were told that the mole would be caused by an increase in rain within... View More
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answered on Apr 21, 2024
I understand your concern and frustration with this situation. It seems that there may be a few issues at play here:
1. In California, an insurance company can generally cancel a homeowner's policy for various reasons, including if they determine that the risk of insuring the property... View More
My husband and I suspected we had mole and asked that an analysis be conducted by the insurance company. The analysis was done, but we thought it would include air quality testing, but it didn't. We received the findings and were told that the mole would be caused by an increase in rain within... View More
answered on Apr 30, 2024
Thank you for asking the question!
Your insurance policy governs your and your insurance performance. Check there is the provision in your policy that states "structural changes" to property makes the agreement viable.
Even if such a language exists, you should evaluate:... View More
In the docs, she's mentioned as co-trustee and is at least be given $50k while her brother has purchased a yacht, Corvette and has taken funds to establish a new trust called the MORGAN LONG FAMILY TRUST! The trust amount is over $10mm
answered on Apr 22, 2024
It sounds like your friend's situation is quite complex. If your friend was previously deemed incapacitated but is now able to inherit from a trust, it suggests that there have been significant legal and perhaps medical changes in her circumstances.
It's good to hear that... View More
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answered on Apr 18, 2024
Under California law, if a house title is held in a trust, the trust itself is considered the legal owner of the property. The trustee, who is responsible for managing the trust assets, has the authority to make decisions regarding the property, including paying the mortgage.
In this... View More
answered on Apr 27, 2024
The issue has two different components: 1.Trust 2.Mortgage
1. Trust: When the title of a property is in trust, the trustee make decisions about the management of the title according to trust words. Even though, There are ways to challenge trustee or trust itself, usually beneficiaries have... View More
My family owns mineral rights to a parcel of land we sold (the land itself was sold but the mineral rights were kept.) The outstanding 75% is seemingly untraceable, nobody seems to know where it is, and other family members are being vague and unhelpful for reasons unbeknownst. I've often read... View More
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answered on Apr 18, 2024
In most jurisdictions, it is not possible to simply claim the outstanding 75% of mineral rights just because the other owners are untraceable or unresponsive. However, there are a few potential options you can explore:
1. Quiet Title Action: You may be able to file a "quiet title"... View More
My family owns mineral rights to a parcel of land we sold (the land itself was sold but the mineral rights were kept.) The outstanding 75% is seemingly untraceable, nobody seems to know where it is, and other family members are being vague and unhelpful for reasons unbeknownst. I've often read... View More
answered on Apr 29, 2024
Thank you for asking the question!
There are some ways to obtain the title of the land or real property that does not belong to you when the owners are sleeping on their rights. One of them is through Adverse possession.
Adverse possession requires the claimant of the title to... View More
There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More
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answered on Apr 17, 2024
This is a complex legal and ethical issue that depends on the specific laws and circumstances in the jurisdiction where the property is located. In general, in the United States:
- The new property owner has the legal right to remove trespassers from their private property. Purchasing the... View More
There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More
answered on Apr 27, 2024
Thank you for asking the question!
1. The first issue that needs to be addressed is whether homeless people have any right of possession in the property. The CA general law allows some occupants to take both the title and possession under adverse possession under certain circumstances. One... View More
From what I’ve been reading, it sounds like she can have the roots on her side be cut if an arborist says it won’t damage my tree’s health which I would be fine with.
If an arborist determined cutting those roots would end up killing my tree, I would also be okay with the neighbor... View More
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answered on Apr 17, 2024
In California, tree owners have certain responsibilities when it comes to damage caused by their trees, including root damage to neighboring properties. However, the specific circumstances of each case determine the legal outcome.
Here are a few key points to consider:
1. Reasonable... View More
From what I’ve been reading, it sounds like she can have the roots on her side be cut if an arborist says it won’t damage my tree’s health which I would be fine with.
If an arborist determined cutting those roots would end up killing my tree, I would also be okay with the neighbor... View More
answered on Apr 28, 2024
Thank you for asking the question!
1. Who owns the tree? The owner of the tree is the landowner which the trunk of the tree is located on.
2. Who has the liability for the trees encroachment? There is an absolute liability on the owner of the tree to remove portions of his trees... View More
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