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Questions Answered by James Joseph Falcone

1 Answer | Asked in Real Estate Law for California on

Q: Should disclosure documents be excluded from the sale agreement to get a loan?

We are being asked to sign an addendum to the sale agreement to exclude the TDS and SCC documents in order to expedite the loan process. Is this an appropriate practice?

James Joseph Falcone answered on Jun 18, 2017

If the transaction qualifies under California law to require a TDS, the requirement cannot be waived. A loan application generally does not require these documents. This does not sound like a legitimate request. You should consult with a California real estate attorney.

1 Answer | Asked in Social Security and Real Estate Law for California on

Q: Can you change title names on home while on SSI?

James Joseph Falcone answered on Oct 7, 2016

There is no restriction on changing title, but it may affect your SSI eligibility. You may need to consult with an attorney.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on

Q: Can I hire someone to be my tenants new point person? I'm the landlord, but find them infuriating to deal with.

I'm a landlord for 1 unit in Hollywood, CA. My tenant is on a month to month lease which was originally a year lease that expired.. Although he pays his rent, I believe him to be irrational and very difficult to communicate with. He gives me a problem about everything. I have been unsuccessful... Read more »

James Joseph Falcone answered on Oct 7, 2016

You could hire someone as a property manager; this is a common practice with rental properties. Once the tenants are properly notified, the manager may step in and handle the situation.

1 Answer | Asked in Real Estate Law for California on

Q: If I singed a contract with a real estate broker in CA and the court ordered him to list the house "Forthwith" and he

refused to do so, is this a breach of contract and can i fire him?

James Joseph Falcone answered on Oct 7, 2016

More importantly, this sounds like a violation of a court order. If the broker was properly before the court and ordered to do something, failure to do it is contempt of court. You should consult an attorney regarding bringing the matter back before the judge.

1 Answer | Asked in Real Estate Law for California on

Q: House under contract to sell, and now one of the two owners is in disagreement about how to distribute sale proceeds.

There are two names on the deed as joint tenants in California. We were going to split proceeds 50/50, but now my partner is insisting he wants more of the money from the sale. We have no written agreement. The house is under contract and will close in ten days. What happens to the money if we can... Read more »

James Joseph Falcone answered on Oct 7, 2016

What the title and escrow company does is up to them, but if they receive conflicting escrow instructions from the two owners they may not be able to close the sale. If you cannot reach an agreement with the co-owner, the solution of last resort is a lawsuit for Partition, in which the court... Read more »

1 Answer | Asked in Family Law and Real Estate Law for California on

Q: My "ex" is requesting to take me off the deed of the house we bought during our marriage, can I ask to be taken off loan

we bought the house during our marriage from my father. He had gifted both of us the allowable amount he could in order to get this house. I was not present on the date of our divorce so, the house was granted to her, which was fine since she has the kids. I don't know why the courts didn't order... Read more »

James Joseph Falcone answered on Oct 7, 2016

The Court cannot require the lender to remove you from the loan. You may have to seek an alternative -have her refinance the property would be best if she could qualify for the loan. Ultimately, you might need to ask the court to order the property sold and the loan paid off, otherwise you will... Read more »

2 Answers | Asked in Real Estate Law for California on

Q: If homestead property is inherited by a son, does the homestead rights get transferred as well.

James Joseph Falcone answered on Dec 28, 2012

The California statutory homestead exemption applies to any owner of property; Once title is in your name, it applies to you.

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1 Answer | Asked in Real Estate Law for California on

Q: The seller, and the buyer have signed a counter offer. The purchase agreement seller didn't sign can seller back out?

both the buyer and the seller signed the counter offer. 3 days later, the buyer's agent sent a Cancellation of Contract, Release of Deposit and Joint Escrow Instructions. There is an escrow number, however, the instructions and deposit were never submitted to the escrow company. The buyer's agent... Read more »

James Joseph Falcone answered on Aug 23, 2012

Your question is incomplete- you state that the seller signed the counter - did they accept the counter, or just acknowledge receipt of it? Also, what is the difference between the "seller," and the "purchase agreement seller?"

1 Answer | Asked in Real Estate Law for California on

Q: Can a lender record a deed of trust vested differently from the title to the property?

California: Husband applies for loan, deed of trust is vested "married mad as his sole and separate property". However, property is held as "husband and wife as joint tenants".

James Joseph Falcone answered on Jun 1, 2012

Such a document can be recorded, but it may cause issues for the lender in the future if they want to conduct a foreclosure. However this should not be a concern to the owner, though; if they sell the property, the loan would be paid off. If the buyer assumes the old loan instead, however, their... Read more »

1 Answer | Asked in Real Estate Law for California on

Q: Are there any precedents in California regarding prescriptive easement?

Our local Superior court refuses to acknowledge prescriptive easements, saying there is no such thing.

James Joseph Falcone answered on Aug 9, 2011

What the judge probably meant was that you cannot normally get a prescriptive easement for exclusive use of the property. An explanation can be found in my blog located here:

http://tinyurl.com/4yoy3wc

2 Answers | Asked in Real Estate Law for California on

Q: What is the difference between a deed and a grant deed?

James Joseph Falcone answered on Aug 9, 2011

Any deed that is not a 'Grant" Deed is probably a "quitclaim" deed. A Grant deed includes some guaranties, as described im my blog posting here: http://tinyurl.com/3boroqq

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