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Questions Answered by Bahram Madaen
1 Answer | Asked in Real Estate Law, Probate and Estate Planning for California on
Q: Are my 2 brothers & I entitled to my deceased estranged fathers half of my descesed grandmothers house?

My estranged father just passed away. My grandmother passed away about 4 years ago and she owned a home in California. The property profile lists my grandmother as the owner it actually states her full name and ends with Trust. My aunt my dads sister now lives in the home without reporting death of... Read more »

Bahram Madaen
Bahram Madaen answered on Aug 19, 2020

I believe you have to ask your aunt to produce your grandmother's living trust since the property belongs to her living trust. The request shall be in writing. Then you can determine what course of action you can take.

5 Answers | Asked in Bankruptcy for California on
Q: Should I file for bankruptcy to get out of a timeshare
Bahram Madaen
Bahram Madaen answered on Aug 10, 2020

I don't think so. Most of the time, a timeshare owner needs to negotiate, give notice before going to bankruptcy. they ave first to foreclose on the timeshare before filing any claim against you. Bankruptcy should be your last resort.

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4 Answers | Asked in Bankruptcy for California on
Q: Wat happen with my case
Bahram Madaen
Bahram Madaen answered on Jul 23, 2020

I can access the court and see the court docket if I have the correct information such as your name and the last four digits of your social security number. you can email them to me.

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4 Answers | Asked in Bankruptcy for California on
Q: Can a credit card company included in a chap 7 bankruptcy from 2016 still report as current account on your report?.

I filed for chap 7 bankruptcy in 2016 and it was discharged.

I’m checking my report and it shows that 3 of the accounts I filled for are reporting as current accounts that will be dropped by 2023.

The others are reporting as included in bankruptcy and will be dropped by 2023.... Read more »

Bahram Madaen
Bahram Madaen answered on Jul 20, 2020

The answer is no. The debt originated before filing bankruptcy should have been discharged by your bankruptcy discharge. You can send a letter to the creditors and include the bankruptcy discharge letter you received from the court, and ask them to clear the history. Or, you can dispute their... Read more »

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1 Answer | Asked in Real Estate Law for California on
Q: In California, can I transfer a property I own free and clear into a new LLC that I will own 100% of?

Would I be able to avoid paying a transfer tax or triggering a reappraisal of the property tax if done this way?

Bahram Madaen
Bahram Madaen answered on Jul 7, 2020

Any change of ownership will trigger the tax reassessment. the best way is to create a living trust and leave it there since a living trust doesn't change the nature os the ownership.

2 Answers | Asked in Real Estate Law, Contracts and Estate Planning for California on
Q: I need to know what I can do tomorrow to stop this trustee from selling a house explicitly left to me. Is it in escrow?

There are three homes. Im staying in my mother's in ca. My wife lives and works in Arizona for 18 yrs. The other beneficiary is living in a condo. .Two weeks ago, the other recipient moved out. Im told by the trustee he needs to sell all homes. In the trust distribution, My mother gave me the... Read more »

Bahram Madaen
Bahram Madaen answered on Jun 27, 2020

The best way to stop him is to file a petition with the court and ask the court to remove him as a trustee.

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2 Answers | Asked in Real Estate Law for California on
Q: Purchased a home 6 months ago, listing stated the HVAC was new, system recently broke and was not new

We recently found out from the city that the HVAC unit is not new (this was discovered after unit broke) seller installed unit with no permits or final inspection from city. We paid for an HVAC Air Conditioning company to come out and see what the problem was. Discovered unit was not up to code and... Read more »

Bahram Madaen
Bahram Madaen answered on Jun 26, 2020

Sure, you should get an estimate for a new unit, send a letter to him and ask him to pay. If he refuses, you should take him to small claims court.

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1 Answer | Asked in Real Estate Law for California on
Q: Hello! I would like to know what contracts & documents do I need to wholesale real estate here in California?

Is there different contracts/documents for different types of properties? Can the same documents for single homes be used for commercial, mobile homes, land, etc? Also, what licenses do I need to wholesale properties?

Bahram Madaen
Bahram Madaen answered on May 29, 2020

There are tons of forms, and each one is different for Commercial, residential, or mobile homes. Usually, the brokers and agents are specialized in each one, and they prepare the forms. There is software that can do all of them together, and you can get it as a part of your benefit if you are a... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: What forms is better/easier/cheaper for adding my spouse to the house? Quitclaim Deed or Grant Deed?

Purchase the house under husbands name 4 years ago got married 10 months later, now with the epidemic, we need to get me on the deed to keep the bank from taking it and leaving me and my 5 kids homeless if anything were to happen to him.

Bahram Madaen
Bahram Madaen answered on Mar 13, 2020

Transferring the title by Quitclaim is faster and easier, but you should consider creating a trust and transfer the title to the trust. Thank you very much.

1 Answer | Asked in Real Estate Law for California on
Q: Can someone in Orange County, California help me with an Interpleaded case with buyer's Land Purchase deposit of $50k?

Escrow interpleaded buyer's deposit of amount $50,000 from California Vacant Land Purchase Agreement (CAR form VLPA). I am a seller and believe I am entitled to this deposit due to both: 1) buyer breach of contract and 2) escrow negligence to ensure conditions are met. I need a local lawyer... Read more »

Bahram Madaen
Bahram Madaen answered on Feb 12, 2020

I might be able to help you. My email address is attorneymadaen at gmail. email me and we talk. thanks.

1 Answer | Asked in Real Estate Law for California on
Q: Does my sister-in-law need a real estate lawyer to sell her condo in California?

My sister-in-law lives in Duarte, CA, and wants to sell her condo. Her partner, a joint tenant on the mortgage, moved out 10 years ago without a specific forwarding address in Las Vegas. My sister-in-law has made the full mortgage payments since. What are her options?

Bahram Madaen
Bahram Madaen answered on Dec 8, 2019

She can bring an action in the court for partition and/or sale of the property. Her partner could be served by publication after a reasonable search. It cost money, but it is doable.

6 Answers | Asked in Bankruptcy for California on
Q: I have some bad financial problems, I think. I am considering bankruptcy.

I have managed to get about 6 credit accounts back to a good, current status, but have about 7 getting worse everyday. Including two loans. They probably total about $25000 at the moment, and I am making about $700 a week and am not sure I can save everything. My credit has gone down to 500 and... Read more »

Bahram Madaen
Bahram Madaen answered on Aug 27, 2019

Sometimes, I advise my client to file bankruptcy since there is no other option. if you believe that there is no change in your situation, then bankruptcy is the right way to go. A chapter 7 bankruptcy will cost less than $1500 and will wipe all of your unsecured debts. Let me know if you need... Read more »

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4 Answers | Asked in Bankruptcy, Consumer Law, Foreclosure and Business Law for California on
Q: Sold gas station due to bankruptcy but lawyer may be taking advantage of a senior citizen. What to do?

My dad sold his gas station about a year ago (as it was in bankruptcy). He had to go through the court system to negotiate a deal with the buyer and was asked to pay a portion of the funds to lenders to pay off debt owed. He would still be left over with a good amount of money (close to $70k+). To... Read more »

Bahram Madaen
Bahram Madaen answered on Aug 26, 2019

Please contact the State Bar and file a complaint.

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2 Answers | Asked in Divorce and Real Estate Law for California on
Q: owner JUST filed a mech. Lien on home shared with wife for work he claimed he did in 2016. Can he do that? Divorce

Judge said noting to be paid out of proceeds of home until marital assets have been settled. This is how he is trying to get his share of money

Bahram Madaen
Bahram Madaen answered on Aug 15, 2018

People do a lot of things during the divorce process, but I believe his charges doesn't stand. The Mechanic Lien law has many requirements. It is easier to fight the mechanic lien in a civil case than family court since the judges might not be familiar with the mechanic lien, and also cost... Read more »

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1 Answer | Asked in Real Estate Law for California on
Q: What can I do if I do not have money to hire a real estate attorney?

I bought a house in February 2016, in March of this year my monthly payments increased because in my property taxes are charging a HERO program lien that the previous owner had, during the process of the transaction nobody said something about this lien against the property. I did not sign any... Read more »

Bahram Madaen
Bahram Madaen answered on Aug 6, 2018

I have some familiarity with HERO program. Their lien is secure against your real estate and the escrow company should have paid them off from the selling price, or you did actually assume it. please review your offer and ask your real estate agent about it.

2 Answers | Asked in Real Estate Law for California on
Q: Half of the owners of a house want to sell, others do not and will not buy out first group. Can a sale be forced?
Bahram Madaen
Bahram Madaen answered on Aug 5, 2018

Generally yes. You need an action in the court to force other partners to sell or buyout.

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1 Answer | Asked in Identity Theft, Bankruptcy, Foreclosure and Probate for California on
Q: Grantor 1)RUFFIN, AUSTIN2)RUFFIN, PARIS M W3)WILLIAMS, PARIS MGrantee BANK OF AMER normal or i have a case?

I think stole property thats mine by heir. Although I haven't seen what's written inside these documents, I notice ReContrust Co. is an affiliate & i learned theyre notorious for scamming foreclosures. I need these documents examined for fraudulence. This leads me to a recent public... Read more »

Bahram Madaen
Bahram Madaen answered on Aug 4, 2018

Send me a copy of the loan docs and the notices. I had almost exact issue with BoA couple years ago. The bank was really slow to respond and we had to bring a lawsuit. It took a year to get rid of the loans.

1 Answer | Asked in Real Estate Law and Tax Law for California on
Q: House in a Trust- 2 beneficiaries. 1 wants to buy 2's interest. Does Prop 13 parent to child transfer tax rate apply?

If beneficary 1 buys beneficiary 2's interest in the property, it would be removed from the Trust and put in Bene 1's name. The Settler (mom) has been dead less than 3 years. Or will the new market value set the tax rate?

Bahram Madaen
Bahram Madaen answered on Aug 2, 2018

It depends on the term of the trust and the current trustee's power. if the trustee could amend the trust, he/or she might be able to do so without violating Prop 13. I recommend contacting an attorney to review the trust.

1 Answer | Asked in Real Estate Law for California on
Q: can this be done?

I jointly owned a property with my father. He then without my knowledge got a Judgement lien attached to the home. He has since passed but before he did he grant deeded the property to me. Can I still file an affidavit of death to remove his lien? Or did I get stuck with the lien when he gave... Read more »

Bahram Madaen
Bahram Madaen answered on Jul 30, 2018

I need more facts about the judgment lien. Is the judgment lien against you, or it is against your dad's? if your dad brought a lawsuit and got a judgment against you then the executor of his estate has the right to pursue it. But, if there is a third party judgment against your dad, then you... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Buying and selling real estate

Selling and buying

My neighbor of 12 years whom I was also coworkers with sold his home. Nothing was said about selling it no signs in yard no realtors coming and going they pretty much left without telling anyone in the neighborhood they were selling they basically left in the middle of... Read more »

Bahram Madaen
Bahram Madaen answered on Jul 30, 2018

It is actually very common for the homeowner to transfer the property to their LLC, Corp., or even the trust they created to protect against the creditor. So, yes, it is legal, and it is also very wise for many to create a living trust and l transfer the property especially to a living trust.... Read more »

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