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Questions Answered by Ute Ferdig

1 Answer | Asked in Real Estate Law for California on

Q: Do California Loan Modifications need to be notarized by all parties and filed with the County Recorders Office?

I have a MERS Trust Deed dated in 2006. Two loan modifications have occurred, but they weren't filed with my County.

Ute Ferdig answered on Mar 27, 2011

Only the deed of trust is recorded. When the loan is modified, it's just the underlying note that changes, but the deed of trust securing the loan does not really change and therefore no new deed of trust is recorded.

1 Answer | Asked in Real Estate Law for California on

Q: Just received notice of trustee's sale from california reconveyance company (arm of Chase?). NOW WHAT?

I have an attorney set to file suit against Chase/Wamu; what's going to happen now?

Ute Ferdig answered on Mar 27, 2011

If you have an attorney, you should ask your attorney what to expect. If the attorney sues the bank, I would think that the attorney will also request a temporary restraining. Like I said, ask your attorney as your attorney knows the facts of your case and can best advise you.

1 Answer | Asked in Family Law for California on

Q: Can my ex wife open a child support case in California when Idaho has found that they have jurisdiction?

I live in California and my ex wife and kids live in Idaho with her current husband. We went through a child support modification in which Idaho found that they, not California, have jurisdication. I don't know if this matters but our divorce, custody and visitation was all handled by the Idaho... Read more »

Ute Ferdig answered on Mar 26, 2011

Is she asking for the California court to issue a new child support order that is different from the Idaho order or is she asking for the California court to enforce the Idaho child support order? Since your divorce and child support were handled by the Idaho courts and your ex wife and children... Read more »

1 Answer | Asked in Family Law for California on

Q: Mentally disable adult childr could ask parents to support financially? l

Father used to pay living expense for disable ( mentally challenged ) adult child till a year ago.

Disable adult child (24year old) lives with her mother for full time and mother take care of her by herself She does not have outside income.

She asked him to pay the same amount, he... Read more »

Ute Ferdig answered on Mar 26, 2011

She can ask for support from both of you pursuant to California Family Code section 3910 which provides in pertinent part: "The father and mother have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without... Read more »

1 Answer | Asked in Family Law for California on

Q: When my father died I did not get anything from the estate. Now my stepmother has died. Am I entiled to my father's half

My brother and nephew are dividing the estates. Do I get half or some parts of it. Will an attornery in Ca. take a case if this is in TX. I live in Ca. they live in TX.

Ute Ferdig answered on Mar 26, 2011

Whether you are entitled to any portion of your stepmother's estate depends on facts that you did not share in your post. Did your stepmother have a will or a trust? Did your stepmother live in Texas? Unless the estate is administered under CA law, a California attorney would most likely not get... Read more »

2 Answers | Asked in Divorce for California on

Q: In CA if a couple has been legally seperated for 5+ years is there still a 6 month waiting period for divorce once filed

Ute Ferdig answered on Mar 12, 2011

Yes, it does not matter how long you have been separated. The mandatory waiting period cannot be waived.

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1 Answer | Asked in Divorce for California on

Q: My wife is divorcing me in California. She says she wants child support + 40% of my income as maintenance.

She quit her job earning $100k, and now works p/t making half that. I'm in sales earning commission only, and earned less than $50k last year. Can she get 40% of my income?

Ute Ferdig answered on Mar 12, 2011

Child support is based on the time share (i.e., time each parent spends with the children) and respective incomes. Earning capacity is also considered in child support calculations, which means that the court, under certain circumstances, can impute income to a parent who purposely is... Read more »

1 Answer | Asked in Divorce for California on

Q: Our divorce granted 2/7/11,we have 1 daughtrer 8yrs old now.court deny the child support bcs she is w/him,i hve 2 jobs.

So he is the one taking care of her most of the days.the judge rule 5days on him & 2 days w/me.but my daughter dont want to stay with him,so i took her and get somebody to watch her while im working at night.were going to have another trial for support,& my lawyer said he dont want to settle for... Read more »

Ute Ferdig answered on Mar 12, 2011

You need to discuss this with your attorney who has the benefit of all the facts. The child custody order should reflect what really happens and child support should be based on actual time shares not what what's written in a custody order that the parents are not following. Something tells me... Read more »

1 Answer | Asked in Real Estate Law for California on

Q: If the true owner to my primary residence deed is not found (9 svcg co's in 13 yrs) do I have a case to claim the deed?

Ute Ferdig answered on Mar 12, 2011

What you are talking about is not a deed issue. If you bought a house in CA you are the owner and your name is on the deed, not the lender or servicer. What you are talking about is a question of who owns the note for your loan. The fact that there were multiple servicing companies does not mean... Read more »

1 Answer | Asked in Bankruptcy for California on

Q: Filing chapter13 do I need an atyy to file?

Ute Ferdig answered on Mar 6, 2011

I would highly recommend that you retain an attorney to handle your chapter 13 bankruptcy case as it involves preparing a proposed payment plan and many chapter 13 cases fail because the trustee can't approve the proposed payment plan. Obviously, without knowing your particular circumstances, it... Read more »

1 Answer | Asked in Bankruptcy for California on

Q: Preservation of interest

My lender for my home can not prove they own my loan. so i was told to file bankrupcy then an advisary or a quit title. another person has told me to file preservation of interest instead. any input as to what you know about this would help. thank you.

Ute Ferdig answered on Mar 6, 2011

Nobody can advise you on what you can and should do without the benefit of all the facts. Bankruptcy law and filing adversary proceedings is not easy and should only be done by an experienced attorney. What you can and cannot do will depend on which type of bankruptcy case you are contemplating... Read more »

1 Answer | Asked in Bankruptcy for California on

Q: Do i need a lawyer to file bankruptcy

Ute Ferdig answered on Mar 6, 2011

There is no law that says you cannot represent yourself in a bankruptcy case. However, it is very important that you follow all the procedures to avoid getting your case dismissed. Bankruptcy cases can get complicated quickly and it is difficult to find an attorney who will be willing to take on... Read more »

2 Answers | Asked in Family Law for California on

Q: I am getting married, and wonder if I can be held responsible for debts my fiancee incurred before we met?

Ute Ferdig answered on Feb 27, 2011

No, you don't become responsible for paying for your fiancee's debts just by marrying her,

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1 Answer | Asked in Real Estate Law for California on

Q: How do I remove an erroneous judgment from my property title record?

Ute Ferdig answered on Feb 27, 2011

If the person or entity that recorded the judgment lien on your property does not agree to release the lien, you ould have to file an action to quiet title. California Code of Civil Procedure sections 760.020 et seq. You'll also have to file a notice of pending action (lis pendens) CCP §§... Read more »

2 Answers | Asked in Real Estate Law for California on

Q: WHAT IS LIS PENDENS?

Ute Ferdig answered on Feb 27, 2011

A lis pendens is a recorded notice that is designed to put the public on notice that a lawsuit that affects the title of a particular property has been filed. Recording the lis pendens protects the plaintiff in the lawsuit because anybody who wants to buy the property is put on notice that the... Read more »

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2 Answers | Asked in Real Estate Law for California on

Q: Can I legally have an appraisal business in the same office as real estate sales?

Ute Ferdig answered on Feb 22, 2011

I am not aware of any reason why you could not have an appraisal business and a real estate business in the same office, but you can't render a neutral opinion on value for properties for which your real estate business is handling the transaction. You should contact the DRE and ask them if there... Read more »

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2 Answers | Asked in Real Estate Law for California on

Q: What recourse does a consumer have when they do not agree with an appraisal and the appraiser refuses to correct it?

Ute Ferdig answered on Feb 22, 2011

An appraiser is hired to render an opinion on the current value of property and the appraiser is bound to apply the appropriate guidelines. You are not entitled to an opinion with which you agree. Without knowing what it is that you disagree with, it's impossible to know if you have a legitimate... Read more »

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2 Answers | Asked in Real Estate Law for California on

Q: Can a lawyer help me to negotiate with my mortgage company?

Ute Ferdig answered on Feb 22, 2011

Yes, you can hire an attorney to help you negotiate with your mortgage company, but it has become increasingly difficult to find an attorney who will take on these kind of cases because of all the bad press and laws that prohibit advance payments for this kind of service. I am assuming you are... Read more »

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2 Answers | Asked in Family Law for California on

Q: A 22 year old child with no support order or established paternity, any potential back support?

Ute Ferdig answered on Feb 17, 2011

Child support can only be ordered retroactive to the date of the filing of the motion for child support. Since you can't receive child support for a 22 year old child, even if paternity had been established, you would not be able to get a child support order now.

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1 Answer | Asked in Tax Law for California on

Q: My house went to foreclosure what tax liability do I have on the loss statement from the mortgage company?

Ute Ferdig answered on Feb 12, 2011

I just answered question that involves the cancelation of debt question in the context of a short sale. You can read the post here http://answers.justia.com/question/2011/02/08/i-short-sale-my-home-2009-...

Please note that the debt relief discussion only applies if the house that went to...
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