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.
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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...Read 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.