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Questions Answered by Ute Ferdig
1 Answer | Asked in Tax Law for California on
Q: I short sale my home 2009. I received a 1099C from my mortgage company.

In box 2 it reflected a five digit amount. Correct me if I am wrong, but under the Federal Forgiveness Act which is due to expire in 2012, states that I do not have to report the interest as depicted in box 2 of the 1099C. Am I correct?

Ute Ferdig
Ute Ferdig answered on Feb 12, 2011

You have to report the income, but you may be eligible to claim the exemption under the Debt Forgiveness Act if the home secured by the forgiven debt was your principal residence. For more info see http://www.irs.gov/pub/irs-pdf/p4681.pdf &... Read more »

2 Answers | Asked in Family Law for California on
Q: If my spouse died and had property in california how do I obtain the right to that property?
Ute Ferdig
Ute Ferdig answered on Feb 12, 2011

It's impossible to answer your question based solely on the information that you provided. Did your husband die intestate (i.e, without a will)? When did your husband acquire the property in California (during or before marriage). In which state did you and your husband reside? This type of... Read more »

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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: After a ch-120 restraining order expired what form is needed to be file
Ute Ferdig
Ute Ferdig answered on Feb 12, 2011

If the temporary restraining order expired and the court did not grant an extension or a permanent restraining order, then you would have to refile and get a new hearing. If the temporary restraining order expired and the court granted a permanent restraining order, you have to prepare a CH-140... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: What code and section for property exemption (e.I. car)?
Ute Ferdig
Ute Ferdig answered on Feb 12, 2011

There are 2 sets of exemptions available in CA. Code of Civil Procedure Sec. 704.010 et.seq or CA Code of Civil Procedure 703.140 which is only available in bankruptcy. When you file for bankruptcy, you have to decide which set of exemptions you want to apply. You can't pick and choose from both... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: Do I need to file Local Rule 1015-2 if I received a chapter 7 discharge 14 years ago?
Ute Ferdig
Ute Ferdig answered on Feb 12, 2011

No, your previous bankruptcy case from 14 years ago is not a related case. You should read the local rules for the district in which you plan to file and look for the definition of the term "related case." Usually you can find a copy of the local rules on the court's website.

1 Answer | Asked in Bankruptcy for California on
Q: Can personal bankruptcy be handled without court appearance.....
Ute Ferdig
Ute Ferdig answered on Feb 12, 2011

You will have at least 1 court appearance known as the 341 creditors meeting. It's a brief meeting with the bankruptcy trustee who will ask you a few questions. If you file a chapter 13 petition (as opposed to a chapter 7) you may also have a hearing to address problems with your proposed payment... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: Someone is threatening to sue me for $45000. I have 120,000 equity in my house and no credit card balance.

The $45000 is owed because I joined a business with someone...

Ute Ferdig
Ute Ferdig answered on Feb 12, 2011

Can you clarify your question? Based on what you are saying and the fact that your question is posted in the bankruptcy section, I have to conclude that you are asking if you should file for bankruptcy. Right now, you only have the threat of a lawsuit. There is no reason to rush to the... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Need the R & T code that covers time period 1st 1/2 property tax covers vs the time period 2nd 1/2 covers.

I know the time periods are thus: 1st 1/2 Property Taxes due Nov 1, 2010 and Dlqt Dec 10, 2010 covers period from 7/1/2010 to 12/30/2010. 2nd 1/2 due 2/1/2011 and Dlqt 4/10/2011 covers period from 1/1/2011 to 6/30/2011, however I can't find anything that specifically states that so. the only... Read more »

Ute Ferdig
Ute Ferdig answered on Feb 12, 2011

While I commend you for going out of your way to get an answer for your client, I have to caution you not to get into giving legal advice. My suggestion would be to turn this question over to your trusted escrow officer or provide your clients with the telephone number for the county tax... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: In the California 'Residential Purchase Agreement and Joint Escrow Insturctions' form (4/10) it states in para 4.B.2.

That seller shall pay ...min. mandatory government retrofit stds, ...etc. How do we find out what that entails?

Ute Ferdig
Ute Ferdig answered on Feb 10, 2011

I cross out the paragraph as there are no such minimum requirement in my market (Greater Sacramento area). I am not aware of any statewide mandatory retrofit requirements, but it is very possible that there are local requirements in other parts of the state. I have heard of a retrofit requirement... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: Can I discharge homeowners' association lien in chapter 7 bankruptcy? Don't they need a judgment before bank levy?
Ute Ferdig
Ute Ferdig answered on Feb 10, 2011

The purpose of chapter 7 is to discharge unsecured debts. Chapter 7 does not affect liens on your house, but if the underlying debt is dischargeable, you are no longer personally responsible for the debt after the chapter 7 discharge. Yes, a typical creditor has to get a judgment first and then... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: I own shares and was recently told by owner he had gone Bankrupt. I can find no record of it.
Ute Ferdig
Ute Ferdig answered on Feb 9, 2011

I am assuming you are asking how you can find out if the owner is telling you the truth. The owner would have had filed for bankruptcy in the district where he resides and you can go to the bankruptcy court and search by his name and see if he filed a bankruptcy petition or you can subcribe to the... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: I sold my house,I dont want to pay escrow,what are the steps to transfer ownership?
Ute Ferdig
Ute Ferdig answered on Feb 9, 2011

You can certainly just prepare a grant deed and have it notarized and recorded, but it's not a good idea at all to not involve an escrow company because you don't want to pay for escrow. You could have negotiated that the buyer pay the escrow and title fees or split the fees. Escrow companies... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: Can you short sale a home during Chpt 7 Bankruptcy?
Ute Ferdig
Ute Ferdig answered on Feb 9, 2011

Yes, you can do a short sale while a chapter 7 bankruptcy case is pending, but the bankruptcy court has to first grant a relief from the automatic stay. While the lender can file a motion for relief from the automatic stay, it is unlikely that the lender will do so to make a short sale possible.... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Have there been any successful lawsuits in California resulting in a party being granted quiet title because of MERS
Ute Ferdig
Ute Ferdig answered on Feb 9, 2011

It is difficult to track state court cases as the superior court decisions are not published and even if there were any cases, they would not be persuasive authority for another case. Only published appellate court decisions can be used for citation in another case. At this point, the problems... Read more »

2 Answers | Asked in Family Law and Child Custody for California on
Q: My x-husband went out of town on his set weekend with our son and left him with his girlfriend without asking me first

Is there a family code or law against that? I am the custodial parent and we share custody, but the girlfriend cant be trusted.

Ute Ferdig
Ute Ferdig answered on Feb 12, 2011

Unless your custody and visitation order specifies that he has to give you the right of first refusal so-to-speak when he can't personally take care of his son during the visitation, there is nothing you can do to prevent him from leaving his son in the care of the girfriend as long as it is safe... Read more »

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3 Answers | Asked in Family Law and Child Support for California on
Q: Am i still liable for child support if the child was a result of my husband having an affair with another woman
Ute Ferdig
Ute Ferdig answered on Feb 12, 2011

You are not legally responsible for paying child support for the child that your husband fathered with another woman unless you adopted the child.

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3 Answers | Asked in Divorce for California on
Q: I filed a petition for devorce, and i don't meet the 3 months residency from the county where i filed it, can i refiled

I just moved from another county in CA. Can i refiled my petition for devorce after i mneet the 3 months residency?

Ute Ferdig
Ute Ferdig answered on Feb 12, 2011

You can file for a legal separation and then amend later to a petition for dissolution of marriage once the residence requirements have been satisfied. See California Family Code section 2321 http://law.onecle.com/california/family/2321.html

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2 Answers | Asked in Divorce for California on
Q: My ex was awarded furniture in my possession. She will not meet me at the storage unit to retrieve. What can I do?
Ute Ferdig
Ute Ferdig answered on Feb 12, 2011

If it's important to you that she take the furniture out of your storage unit, I would send her a certified letter telling her that you will move the furniture to another storage unit (pay for the first month) and send her the key if she does not meet you to retrieve the property by a certain date.... Read more »

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2 Answers | Asked in Divorce for California on
Q: In a california (no fault) divorce, can the manner of my wife's behavior toward me and my natural children be discussed?
Ute Ferdig
Ute Ferdig answered on Feb 12, 2011

It's not clear if your children are minors or adults. Only if they are minors and your soon-to-be ex-wife will have custody/visitation rights will her treatment towards you and them be of interest to the judge.

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2 Answers | Asked in Divorce for California on
Q: Can a divorce attorney represent my husband and my husband's girlfriend in their custody and divorces??

My husband's girlfriend referred my husband to her divorce and custody attorney so they are now both being represented by the same attorney. is this legal?

Ute Ferdig
Ute Ferdig answered on Feb 12, 2011

Why would it not be legal? The two cases are not related to each other. The fact that your husband was referred to his attorney by his girlfriend is no different than if you referred a friend to your attorney. I don't see a conflict of interest or other problem. Did I misunderstand your... Read more »

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