Specifically, in a quiet title action, plaintiff COUNTRYWIDE HOME LOANS, Inc. suddenly became BANK OF AMERICA, N.A. (successor by merger to COUNTRYWIDE BANK, N.A.) in a response to a Motion to Quash . . . what should/can be done about this?
Although most of the time the answer to your question would probably be "NO", you are dealing with an unusual situation. Because Bank of America purchased all of the assets of Countrywide as part of a regulated FDIC transaction, Federal Law allows Bank of America to step into the shoes...View More
Not in the normal course of events. The original loan documentation provides for the recording of a Deed of Trust, which reference the actual Note. The Note itself is not normally recorded. If the payment terms are modified, it is unlikely that there would be a filing with the county recorder....View More
It actually is pretty self-explanatory. Anyone can make a mistake, and the clerk sometimes processes a discharge when it should not have been done. It does not necessarily mean the Debtor is not entitled to ultimately get his discharge. It may just mean that the Trustee has not completed some...View More
Many if not most bankruptcy lawyers do carry some form of E and O Insurance. The Business and Professions Code, and the California State Bar regulate the cirumstances and whether such insurance is required. You should feel absolutely free to ask your lawyer this question. And you should have...View More
Your question is a little unclear. I take it that "mainstay business solutions" is a company who has filed bankruptcy, and owes you money? If so, when they file bankruptcy the automatic stay normally prevents you from suing them. However, depending on the facts (why they owe you the...View More
Started at the front of the old police station in Corona, Ca. Which counts first? Wells Fargo would not give me an answer on modification. So I got to the Bankruptcy Court too late to stop the sale with procedures. Can I still take the original bank(Wells Fargo) to court for illegal proceedures... View More
Filing bankrukptcy normally creates an automatic stay to stop foreclosure proceedings (among other things). But it is not retroactive! If the bank already sold your house an hour earlier through a foreclsoure sale, the bankruptcy does not void that earlier sale. It is alway important that you...View More
This is not a "form" which is usually used in California. It implies an outdated procedure, by which Defendants were asked to waive their rights and consent to a judgment, often in advance. The typical procedure in California would be to enter into a Stipulated Judgment. The Debtor...View More
Plaintiff is left with a couple of different options, two of which are most common. First, the plaintiff can re-serve the complaint, which will make the motion to quash futile. Or else, if the plaintiff believes that service was proper, the plaintiff can oppose the motion to quash. When...View More
Of course you can. You do not need an attorney to file your bankruptcy for you. The US Bankruptcy Courts provide a lot of information to guide individuals who wish to file bankruptcy. I recommend you go to the US Bankruptcy District Court website for where you live. Here are the websites for...View More
I didn't quite understand the question. Did you obtain the default judgment and now someone is looking to vacate it? If so, I would recommend contacting a litigation attorney who has experience handling default judgments. In any event, the California Courts list out all the forms at...View More
Of course. The Central District Bankruptcy Court, which includes riverside, makes many forms available on the internet. Go to www.cacb.uscourts.gov. From there, click on the Forms/Rules/General Orders link on the right. Then click on Local Bankruptcy Rules & Forms. From there, scroll down...View More
Most consumers in California file for Chapter 7 or 13 bankruptcy. You can learn about both through Google. Whether you are filing for Chapter 7 or Chapter 13 bankruptcy, you need to complete an extensive petition that lists out all your assets, debts, current income and expenses. The petition...View More
Your ability to keep an automobile in a Chapter 7 depends primarily on the amount of equity which you have in the car (fair market value above and beyond the amount owed). Although there are two sets of exemptions available in California, if the car is "worth far less than the payments I am...View More
Regardless of whether you are the actual or potential defendant, or the plaintiff in a potential adversary action, you need to act quickly. There are very strict time limits imposed in most adversary actions. If you fail to act, you may forever lose important rights. And it is critical that you...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.