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California Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for California on
Q: What is the time restraints on getting payment for selling a home after escrow closes in the state of California

After escrow closes what would be the reasons payment would be delayed for months in California

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 24, 2023

In California, the time frame for payment after the close of escrow can vary depending on the terms of the purchase agreement and the specific circumstances of the transaction. Generally, payment is due upon the close of escrow and the transfer of ownership from the seller to the buyer.... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for California on
Q: I am looking to buy Property through Tax Auction in California. I have the following legal questions regarding it

1) If I buy a property which is in Tax Deed, and I become the Owner. What happens if they have leased the property to someone for many years? And that lease is not recorded in the County Office officially. Is that still valid and I have to respect that as new Owner?

2) If the same is true... Read more »

James L. Arrasmith
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answered on Mar 24, 2023

If you purchase a property through a tax auction and become the owner, any existing lease agreements that were not recorded in the county office may still be valid. You will need to review the terms of the lease agreement and determine whether the tenants have a legal right to continue living on... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for California on
Q: Proposition 19 Question

Can the wife buy a home in her name only this year, and next year add the husband to the title when he turns 55, so he can utilize the property tax advantage of Prop 19? He will sell his house next year and then go on the title of the new house. A house comes up that they both want to buy this... Read more »

James L. Arrasmith
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answered on Mar 24, 2023

Yes, it is possible for the wife to buy a home in her name only this year and add the husband to the title next year when he turns 55, so that he can take advantage of the property tax benefits under Proposition 19.

Proposition 19 allows homeowners who are over 55 years old, severely...
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2 Answers | Asked in Real Estate Law and Probate for California on
Q: I live with mom's ex boyfriend. He is going to die from accident. No will and no relatives. Can I keep his home and all?

I have been living with him for years. We live in sunnyvale CA. He got hit by a car and likely won't make it. He has no other family that I know of and no will made. How do I inherit his estate? I know he wants me to because when I ask him he lifts his hand for a yes answer. But they say he... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Mar 24, 2023

I hate to be the bearer of bad news, but living with him for years does not entitle you to anything. He needs to at least draw up a will leaving everything to you. There are other things he can do as well such as naming you as beneficiary on bank and brokerage accounts and retirement accounts and... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: How do I get a copy of our previous hearings? Can I use them in court?

My landlord is attempting to steal thousands of dollars from me that I do not owe and she is doing it by lying to the courts and claiming I owe the money. I have proof that I’ve paid everything and plan to provide it to the judge. But my landlord has also told several lies in our previous... Read more »

James L. Arrasmith
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answered on Mar 22, 2023

To obtain a copy of the court reporter's record from prior hearings, you will need to follow the procedures set forth by the court where the hearings were held. Here are the general steps you can take:

Contact the court: Contact the clerk's office for the court where the previous...
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2 Answers | Asked in Real Estate Law and Probate for California on
Q: My grandma passed away and we live in her mobile home. How do I get it in my name?

I do not have the title to the mobile home, there is no trust or will either that I am aware of.

Howard E. Kane
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Howard E. Kane
answered on Mar 22, 2023

I'm sorry to hear about your grandmother's passing. The proper form required to transfer the title to the mobile home in California is a CERTIFICATE FOR TRANSFER WITHOUT PROBATE, form number HCD RT 475.2. This form can be obtained through the State of California, Business, Consumer and... Read more »

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1 Answer | Asked in Land Use & Zoning, Real Estate Law, Contracts and Civil Rights for California on
Q: What is the process for HOA homeowners opposing amended cc&rs in CA when board uses DS code 4275?

The HOA board wants to use DS 4275 or force the approval of proposed CC&Rs. Homeowners are not in support for numerous reasons, use restrictions, pet restrictions, waiver of rights, broad powers to invade privacy and enjoyment, etc.

What is the process for owners to file opposing... Read more »

James L. Arrasmith
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answered on Mar 21, 2023

In California, the process for homeowners to oppose amended CC&Rs and challenge the HOA board's use of DS code 4275 would generally involve the following steps:

Review the current CC&Rs and proposed amendments: Homeowners should carefully review the current CC&Rs and any...
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1 Answer | Asked in Real Estate Law for California on
Q: Is it legal for the mobile home park manager to forbid a resident from driving their car in the park?

My mother who is 84 years old and lives in a mobile home park and owns her mobile home. She has a valid drivers license and her car is insured, the manager of the mobile home park wants her to stop driving in the park mind you it is the only way to get in and out of the park is by car. The manager... Read more »

James L. Arrasmith
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answered on Mar 21, 2023

It is generally legal for a mobile home park manager to regulate the use of vehicles within the park, including prohibiting certain residents from driving in the park. However, there are certain legal requirements that must be met in order for such a prohibition to be enforceable.

Under...
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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: My husband inherited half his mother's home with his brother and right now brothers inlaws are paying to live there..

However my husband doesn't have a will. They are joint tenants in common on the deed. I worry if he dies before getting a will my brother in law will take the house. My husband wants me or our kids to have his half in case he dies, but he is slow at getting legal stuff done. I worry he might... Read more »

James L. Arrasmith
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answered on Mar 20, 2023

In general, if your husband were to pass away without a will, his share of the property would typically pass to his heirs according to state laws of intestacy. This could mean that his share of the property would pass to you and any other children he has, depending on the laws of the state where... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Real Estate Law for California on
Q: Do I need a Civil Rights Lawyer or a Real Estate Lawyer if I was evicted from City property with no Notice?

Both sides agree that notice was not given, locks were changed and property was disposed of. City says "licensees" have no rights. At all, but provides no legal theory. Does due process violation take precedent over wrongful eviction & conversion? Or do they all need to be argued?

James L. Arrasmith
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answered on Mar 14, 2023

If you were evicted from city property without notice and your property was disposed of, you may want to consult with both a civil rights lawyer and a real estate lawyer, as both areas of law may be relevant to your case.

A civil rights lawyer can advise you on any potential violations of...
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1 Answer | Asked in Real Estate Law for California on
Q: Four people own a house they use a real estate lawyer to sell the house does the lawyer make four checks or one and how

How long after esco closes till they get paid

James L. Arrasmith
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answered on Mar 14, 2023

If four people jointly own a house and use a real estate lawyer to sell the house, the lawyer should distribute the proceeds of the sale to each of the four owners according to their respective ownership interests. This means that each owner should receive a separate check for their portion of the... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Four people own a house they have an attorney sell the house does the attorneys write a check for each one or just one

How long after esco closes in Tulare California till they get paid

James L. Arrasmith
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answered on Mar 14, 2023

If four people jointly own a house and the attorney sells the house, the attorney should distribute the proceeds of the sale to each of the four owners according to their respective ownership interests. This means that each owner should receive a check for their portion of the sale proceeds.... Read more »

2 Answers | Asked in Real Estate Law for California on
Q: If four people sell a house does the attorney put the money between the four or give it all to one

My mom left in the wheel the house between four boys and two grandkids but only one boy got all the money and he won't give it to us so what do we do

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 14, 2023

If the house was sold, the proceeds should generally be divided among the four boys and two grandkids according to the terms of your mother's will or trust. The attorney who handled the sale should distribute the proceeds in accordance with the legal documents that govern the transfer of the... Read more »

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1 Answer | Asked in Probate, Estate Planning and Real Estate Law for California on
Q: My mother had quick claimed her home to my brother a year after she had written her will. It's been 6 years ago. If the

Home 50/50 but has since quick claimed it ,The quick claim over rides the will ,correct?

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 12, 2023

If your mother transferred ownership of her home to your brother via a quitclaim deed, this transfer may supersede any provisions in her will that relate to the home.

However, the specifics of how the transfer affects the distribution of assets will depend on the laws of the state where the...
Read more »

1 Answer | Asked in Divorce, Probate and Real Estate Law for California on
Q: Can a landlord who is ex of testator after signing a divorce settlement in 1985 apply for probate on his estate

After signing a agreement not entitled to by judgement but continues to file knowingly she is not suppose to and taking trust money not intended to herself by law in ca his son was beneficiary to all financial with life ins beneficiary not reported in inventory and withholding 30⁰000 of estate... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 12, 2023

In most jurisdictions, a divorce settlement or agreement generally does not affect a person's ability to inherit or act as the executor of the deceased spouse's estate. However, the terms of the divorce settlement may impact the distribution of assets and property from the estate.... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: If Estate Trustee doesn't have authority to sell Real Estate, do they have standing for an UD against beneficiary?

Prior to 850 (Heggsted) Petition hearing, wherein a Probate judge can issue an order confirming Trust property, does Trustee have standing for UD action against beneficiary? Does Trustee of revocable Trust (now irrevocable), need to lodge will, file request or any other doc with court first?

Julie King
Julie King
answered on Mar 9, 2023

Most trusts have a section called Trustee Powers. If your particular trust gives that power to your trustee, then the answer to your question is “yes”. But please know that the powers that are given to the trustee may be strewn throughout the trust as well as in the powers section. But the... Read more »

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2 Answers | Asked in Real Estate Law, Construction Law and Landlord - Tenant for California on
Q: What legal action can I take if a property management company neglects to enforce on violations stated by the HOA?

I have made complaints about a tenant that has violated HOA policy where wooden floors are not allowed to be installed on the 2nd floor unless approved. And bikes being left out in a carport, where it shouldn't be. Our property management company has failed to enforce or address this issue... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 8, 2023

If your property management company is neglecting to enforce HOA rules and regulations, you may have legal options to address the situation.

Here are some steps you can take:

Review your HOA bylaws: Review your HOA bylaws to determine the steps that must be taken to enforce the...
Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Is email a legal way to carry out another year lease?

Our landlord was having issues with zillow so we renewed our lease through email. He said in the email “ I would like to renew our existing lease agreement with the same rent price for an additional year adding water bill to tenants starting Sep 30, 2022 – Sep 30, 2023. Same rental rate $1950... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 7, 2023

Under California law, email can be a legal way to renew a lease agreement. An email can be considered a written agreement, which is enforceable in court.

Based on the information you provided, it appears that you have a valid lease agreement for the period of Sep 30, 2022 – Sep 30, 2023,...
Read more »

2 Answers | Asked in Real Estate Law and Probate for California on
Q: If a homeowner has been dead 5 years or so and the bank wants the payment of mortgage by such date and the power of atto

Was left to the daughter and she don't want it.can someone step in and take it

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 8, 2023

If a homeowner has passed away and the mortgage remains unpaid, the lender has the right to foreclose on the property to recover the outstanding debt. The foreclosure process involves the lender taking legal action to sell the property and recover the amount owed on the mortgage.

If the...
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1 Answer | Asked in Real Estate Law for California on
Q: Do I need to be a licensed real estate agent to offer overseas properties for sale outside of U.S. to California resIden

Do I need to be a licensed real estate agent to offer overseas properties for sale outside of U.S. to California resIdents ?

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 7, 2023

Yes, you would typically need to be a licensed real estate agent in California to offer properties for sale to California residents, even if the properties are located overseas. Real estate laws and regulations vary by state, and it's important to comply with the laws and regulations of the... Read more »

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