Please explain in the simple terms haha. What’s a direct attack vs collateral attack?
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answered on Apr 4, 2024
The phrase "looking over the record" in the context of a judgment being "void on its face" refers to examining all the court documents and filings in a case, including those filed after the entry of judgment, to determine if the judgment is invalid or void based on the... View More 
I have to go to court over the propery
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answered on Apr 4, 2024
In California, verbal agreements regarding real estate are generally not enforceable due to the Statute of Frauds. This law requires certain types of contracts, including those involving the transfer of real property, to be in writing and signed by the party to be charged (in this case, the... View More
The management must be incensed agent to exercise certain duties,With the exception of living on-sight, which in this case they can perform those duties, but they must be under the close supervision of a licensed realtor. Paraphrased but what if the general manager of a apartment operates these... View More
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answered on Apr 3, 2024
Under California law, property managers who perform certain duties must be licensed real estate agents or brokers. The specific rules are outlined in California Business and Professions Code Section 10131 and 10131.01.
If a property manager is not licensed and performs duties that require a... View More
I (a wholesaler) want to partner up with a real estate agent to help me find properties to sell to my investors (who are cash buyers). I contacted an agent who said to send over a contract between our partnership to ensure terms and agreements of work and profit. Would I use a buyer's... View More
answered on Apr 3, 2024
You fail to describe the exact nature of your business. Are you looking for the Agent to find you properties that you would contract to buy and then remarket (or, "assign contracts," as you put it) to investors? Have you signed the investors to an LLC? This might work but there are... View More
I (a wholesaler) want to partner up with a real estate agent to help me find properties to sell to my investors (who are cash buyers). I contacted an agent who said to send over a contract between our partnership to ensure terms and agreements of work and profit. Would I use a buyer's... View More
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answered on Apr 3, 2024
In this situation, you should consider using a Joint Venture Agreement (JVA) or a Partnership Agreement. These contracts outline the terms and conditions of your partnership with the real estate agent, including the division of responsibilities, profits, and commissions.
Key points to... View More
I (a wholesaler) want to partner up with a real estate agent to help me find properties to sell to my investors (who are cash buyers). I contacted an agent who said to send over a contract between our partnership to ensure terms and agreements of work and profit. Would I use a buyer's... View More
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answered on Apr 3, 2024
You have several choices ... from a straightforward partnership agreement [not recommended] ... to a joint venture agreement with good insurance ... or form an LLC with a carefully drafted LLC Operating Agreement. In these types of ventures "People, Money & Real Estate", the clarity... View More
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answered on Apr 2, 2024
Yes, under California law, a contract written in Spanish can be legally binding, even if the business is located in the United States. California Civil Code Section 1632 specifically addresses this issue:
1. The law requires that if a business negotiates a contract primarily in Spanish,... View More
Does the rent received qualify as qualified business income? And is the rental of the property considered as a pass-through business?
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answered on Apr 1, 2024
The rental income from your condominium may qualify as Qualified Business Income (QBI) for federal tax purposes, and the rental property could be considered a pass-through business. However, there are some factors to consider:
1. Qualified Business Income (QBI): The rental income from your... View More
A huge 250' redwood tree is leaning towards falling on my house. I have tried contacting the owner via mail, email, and phone. The RE agent who sold the parcel has also tried. But the owner is not responding, yet he is applying for a variance permit on the parcel, so he is still active. I... View More
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answered on Mar 30, 2024
Under California law, when you encounter a hazardous condition on someone else's property, such as a potentially dangerous tree, the first step is usually to make a reasonable attempt to notify the property owner of the hazard. It seems you've already done this through various means... View More
Where can I find HUD approved language for a Living Trust to protect the lender and the HUD insured Reverse Mortgage? I believe this language is in a sample/template/boilerplate somewhere because the protection will be the virtually the same in every case. I would like to draft my Living Trust... View More
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answered on Mar 29, 2024
Finding HUD approved language for incorporating into a Living Trust, especially to protect both the lender and the HUD insured Reverse Mortgage, can be a focused task. Generally, such language is detailed in HUD's guidelines or provided by legal resources familiar with real estate and elder... View More
Where can I find HUD approved language for a Living Trust to protect the lender and the HUD insured Reverse Mortgage? I believe this language is in a sample/template/boilerplate somewhere because the protection will be the virtually the same in every case. I would like to draft my Living Trust... View More
answered on Mar 29, 2024
Please allow me to address your comment that you want to draft your own trust. I regularly tell clients that there are several legal documents that a template would work for, assuming the template is based on the correct state's law. But estate planning is unfortunately not one of those areas... View More
breach of contract claim X.
My Atty grossly overbilled me.
My attorneys fees are 3x my claim.
My lawyer is compounding this error by now seeking to be relieved as counsel.
Knowing I have pending motions.
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answered on Mar 27, 2024
In California, if you believe your attorney has committed malpractice by overbilling or breaching the contract, you first need to gather all relevant documentation. This includes contracts, billing statements, and any communication between you and your attorney. Reviewing these documents can help... View More
breach of contract claim X.
My Atty grossly overbilled me.
My attorneys fees are 3x my claim.
My lawyer is compounding this error by now seeking to be relieved as counsel.
Knowing I have pending motions.
answered on Mar 27, 2024
a lawyer, like you, has a right to quit.
have you talked to other lawyers?
does the case have enough value for a lawyer to pursue?
these are VERY expensive cases to pursue and most of my friends won't take a malpractice case for less than $1M
Remember, you can... View More
Payments along with other fees ( not secondary sub association information) after a year later a purchasing my place I received an invoice stating I need to pay late fees and charges for every month when I did not aware of any other HOA fees nor received any type of bills from “ Stevenson Ranch... View More
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answered on Mar 26, 2024
In California, if you were not informed about the secondary homeowners association (HOA) fees at the time of purchasing your townhouse, you may have grounds to dispute the charges, especially if this was due to a lack of disclosure by the seller. Under California law, sellers are required to... View More
3 separate deeds are associated with said easement. One person is trying to prescribe it to himself. We are trying to stop it.
He has it blocked off and gated.
Is he trespassing?And can a peace officer force the re opening of the easement?
He is trying to show abandonment.... View More
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answered on Mar 25, 2024
Under California law, a deeded easement can typically be terminated only with the agreement of all parties involved, through a court order, or through abandonment or non-use over a period prescribed by law, usually five years. However, non-use alone, without intent to abandon, is generally not... View More
I am buying a unit in a tenancy-in-common that was converted from a rental property under the Ellis Act. I will live in the home and it will be my primary residence. I would like to get a roommate to share living expenses and would charge them rent for my spare bedroom. I know that the Ellis Act... View More
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answered on Mar 25, 2024
The Ellis Act provides landlords with the right to exit the rental market by removing all units from rental use. This legislation primarily addresses situations where landlords wish to stop leasing their properties altogether and not when a homeowner wants to rent out part of their primary... View More
We feel he has forcibly blocked off the easement to show it’s been abandoned to ultimately shut it down altogether yet it would restrict our access to our property
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answered on Mar 24, 2024
Under California law, blocking off a deeded easement without legal justification or the consent of all parties who hold rights to it is generally not permitted. Easements are created to ensure access or other rights to property owners, and any attempt to unilaterally modify, obstruct, or terminate... View More
He left with two months rent and almost i almost lost the house im trying hard to keep my house
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answered on Mar 24, 2024
In California, removing a co-signer from a house mortgage involves a few steps, and your approach will depend on the specifics of your situation. If the co-signer has agreed to be removed, the most straightforward method is through refinancing. By refinancing the mortgage in your name alone, you... View More
Executor of my mom's trust, which I am beneficiary to, has been using his credit cards for expenses. And detailing and charging the trust of all the interest charges be accrued. Can I somehow dispute these charges and get back into the trust??
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answered on Mar 21, 2024
In California, the executor, also known as the trustee in the context of a trust, is typically expected to pay for trust-related expenses directly from the trust's assets rather than using personal funds. This is to ensure that all transactions are transparent and the trust’s assets are used... View More
Executor of my mom's trust, which I am beneficiary to, has been using his credit cards for expenses. And detailing and charging the trust of all the interest charges be accrued. Can I somehow dispute these charges and get back into the trust??
answered on Mar 22, 2024
Generally speaking, the executor should not be commingling estate funds and personal funds. Sometimes the latter is used for convenience, however best practice is to use the funds available from the estate to pay estate expenses. Regarding getting back into the trust, you should speak to a... View More
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