Get free answers to your legal questions from lawyers in your area.
I'm selling a home for which I'm paying 2.5% interest rate. Instead of paying off the remaining balance, it would be nice to use the extra funds to buy a new home (now that interest rates are 7%). Then I'd just keep making my monthly mortgage payments on my original loan at 2.5%... View More 
answered on Nov 9, 2023
Yes, since the property secures the loan and you are not an owner anymore. Also, the escrow company is obligated to pay off the loans on the property.
answered on Mar 17, 2022
Contact me to send a letter for you and ask the realtor why the property was not listed. Thanks.
answered on Jul 6, 2021
The court fee is $338, and attorney fees vary. our office usually charges around $1000. there are other attorneys charging less and sometimes more.
We brought an administrative mandamus action in State Calif Superior court against local city agency for land use decision on a property whose prior owner was in Chapter 11 bankruptcy. Superior court judge ordered that due to auto stay provisions(11 USC 362), no further proceedings until AFTER... View More
answered on Dec 2, 2020
You can file a motion for relief from stay in the bankruptcy case and then you are allowed to continue with your case in state court.
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... View More
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.
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.
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.
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.... View More
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... View More
Would I be able to avoid paying a transfer tax or triggering a reappraisal of the property tax if done this way?
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.
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... View More
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.
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... View More
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.
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?
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... View More
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.
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.
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... View More
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.
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?
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.
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... View More
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... View More
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... View More
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
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... View More
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... View More
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.
answered on Aug 5, 2018
Generally yes. You need an action in the court to force other partners to sell or buyout.
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.
