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Questions Answered by Yelena Gurevich
1 Answer | Asked in Real Estate Law for California on
Q: What shall I do with refinance that was not closed properly?

I refinanced my 1st mortgage and HELOC to consolidate debt almost a year ago. I found out a few weeks ago that the HELOC was not closed even though I was charged the fee to close it. The HELOC servicing company sent me a letter threatening me that they would force home insurance on me if I did not... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Jun 28, 2022

Take all your documents to a real estate attorney. You need a professional to review all of the documents to properly advise you.

4 Answers | Asked in Bankruptcy for California on
Q: Bankruptcy

I have a estimate of $5,000 debt, back rent of $8000 and a car loan I'm still wanting to continue to keep. I can't catch up on my rent or debt. I'm a single mom with my only income. Should I file for bankruptcy?

Yelena Gurevich
Yelena Gurevich
answered on Jun 28, 2022

On the surface it sounds like you may qualify. You will want to consult with a bankruptcy attorney to go over specific income numbers, debts, and assets. Most offer free consultations.

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4 Answers | Asked in Bankruptcy for California on
Q: Regarding Bankruptcy. I live in California.

I never have filed for bankruptcy and I'm thinking I need to. I need to know if this is the right thing to do. I also owe back rent and would like to know if that would be included?

Yelena Gurevich
Yelena Gurevich
answered on Jun 27, 2022

Try calling and speaking to bankruptcy attorneys. Most offer free consultations.

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1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for California on
Q: What forms do I file to stop a transfer of ownership on a house or sale of the house
Yelena Gurevich
Yelena Gurevich
answered on Jun 27, 2022

There is barely any information stated here that would allow to an attorney to guess what form would apply. Please restate your question and provide more detailed facts.

4 Answers | Asked in Banking, Bankruptcy, Business Law and Contracts for California on
Q: Do I need a bankruptcy lawyer

Do I need a lawyer to help with a foreclosure

Yelena Gurevich
Yelena Gurevich
answered on Jun 25, 2022

Maybe. Maybe not. There are not enough facts to determine what type of attorney, if any, you

At need. Try consulting with an attorney and get real answers after discussing your specific situation.

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1 Answer | Asked in Real Estate Law for California on
Q: I own a house in another state my ex son-in-law wants to sue me for the house I brought & my daughte and him lived in he

Claims he gave me the down payment which he never did. It’s in my name. Do I need to go to that state or does he need to sue me in the state I live? Personal Jurisdiction?

Yelena Gurevich
Yelena Gurevich
answered on Jun 22, 2022

The lawsuit is generally filed in the state the property is located in.

1 Answer | Asked in Consumer Law for California on
Q: i want to know how to check out if a debt collector is not a scammer

the lady who called answers hello. they wont let me have the name of the company or validation of the debt. they said if i dont pay the settlement amount they offered (2,225 turned into 1000) id go to court and loose since i signed a contract with us bank. i did not have checks. i am positive i... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Jun 22, 2022

This sounds like a scam. Debt collections send you written notices. They rarely call. Also if you only have ssi, you may be judgment proof as debt collectors cannot touch ssi.

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for California on
Q: There's are people on my boyfriends property /land who he wants off , his father deeded him this property.

There's no contract or agreement..

Yelena Gurevich
Yelena Gurevich
answered on Jun 22, 2022

He need to hire an eviction attorney.

1 Answer | Asked in Consumer Law for California on
Q: Valvoline serviced my car, my car is not drivable can I sue?

They were talking amongst themselves and I knew something was not right. Tech and the assistant manager apologized and told me that I would have to give them a moment so that they could discuss what happens with district manager. Mind you it’s after 6pm and they’re technically closed.... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Jun 15, 2022

You should consider giving them the opportunity to fix the issue.

We are lawyers not mechanics and as such we don't know what kind of claim, if any, you may have without additional info, such as an expert (or at least another mechanic shop) inspecting the vehicle and preparing a...
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2 Answers | Asked in Real Estate Law for California on
Q: I bought a single family residence in august of 2021 and didnt know adu was unpermitted until middle on transaction.

I bought a SFR in August of 2021. Market was really hot back then and I ended up offering 50k over asking price for a property that looks good from afar but was remodeled without permits (kitchen, added a 4th bedroom) plus converted garage to an ADU and nothing was done to code. The sellers nor... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Jun 13, 2022

Unfortunately you admit that you were informed during escrow and before closing and you decided to proceed with the purchase. That means that you had knowledge and cannot claim failure to disclose. In other words, litigation will cost you quite a bit and you are not likely to succeed given the... Read more »

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4 Answers | Asked in Bankruptcy and Collections for California on
Q: I'm 64 years old w/around $70k CC debt (mostly due to losing my job in March 2020. I need legal advice on how to get

a "judgment proof" (write off the debt) as I'm no longer in the country and have no means to return. I still use a friend's address in Walnut Creek for my social security and IRS. My wife was sick with an autoimmune disease so we had to live off CCs for the last two years). My... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Jun 7, 2022

if you only get ss, creditors cannot collect from you, assuming you have no other assets. you would benefit from consulting with a bankruptcy attorney to go over your assets, income, and expenses. there's not enough information to give you proper specific advice.

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1 Answer | Asked in Civil Litigation and Collections for California on
Q: If it says "Invalid Proof of Service" on the court website, can I ignore the lawsuit? 3rd party debt collector suing me.

.

Yelena Gurevich
Yelena Gurevich
answered on Apr 26, 2022

What happens when they file another proof of service (whether or not you actually received proper service) and the court accepts it as valid service, and they obtain a default judgment against you, and start garnishing your bank accounts or pay checks?

Ignoring a lawsuit against you is...
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1 Answer | Asked in Real Estate Law for California on
Q: can I open a dispute for my home to get the buyer's deposit money & at the same time sell my home to an ibuyer(opendoor)

I'm selling my home and the buyer backed out 1 week before close of escrow citing that market is cooling down so either we decrease our house price now or he wants to back out. no contingencies. so if we, as sellers wish, then we are entitled to all the initial deposit money that the buyer... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Apr 23, 2022

The simple answer is yes you can sell to another buyer if your current buyer officially backs out. The dispute with the current buyer is simple the cash on deposit. You will want to speak to your broker and a real estate attorney to have the proper demand letters and legal process taken.

1 Answer | Asked in Consumer Law and Contracts for California on
Q: My parents purchased a home in 2015 and assumed a lease for solar. Company is saying he's only had it 4 years

Contract was recorded more than 2 years after purchase, now solar company is saying the solar has only been used for 4 years. We are selling the home and we're going to payoff the lease. The contract is 10 years old and they are charging as if it's been 4, resulting in a 10k Increase in payoff.

Yelena Gurevich
Yelena Gurevich
answered on Apr 21, 2022

there's no actual question posted for attorneys to answer. if the home is being sold, talk to the real estate broker about this as they will likely be able to explain this. or you will need to hire and pay an attorney to review the documents and have a full consultation regarding options.

1 Answer | Asked in Real Estate Law for California on
Q: I want to add my mom to my deed. What form do I use for this?
Yelena Gurevich
Yelena Gurevich
answered on Apr 14, 2022

Grant deed or quitclaim deed and a preliminary change of ownership form. However, you could trigger reassessment of your property which could affect your property tax amount. So you may want to speak with estate planning attorney before you do anything.

1 Answer | Asked in Contracts, Collections and Probate for California on
Q: If only one of the defendants responded to a lawsuit, can plaintiff asks for a default judgement on the other defendant?

I sued a couple of persons, only one responded to the complaint.

Yelena Gurevich
Yelena Gurevich
answered on Apr 6, 2022

Yes if service was proper and sufficient time has passed.

1 Answer | Asked in Real Estate Law for California on
Q: If a private lender committed fraud and conspiracy in regard to a loan given to an LLC what damages can be incurred

Damages or are they liable for punitive, exemplary and other damages

Yelena Gurevich
Yelena Gurevich
answered on Apr 5, 2022

Business disputes are generally not subject to punitive damages and this appears to be a bank loan to an LLC so it’s a business dispute. You will need to seek a consultation with a business attorney that can advise you after all facts are provided.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: My husband and first wife bought land with another couple. They have not paid their share. Can we get the land titled

In our name only? They have not paid their half share of the purchase nor taxes since the early 80’s. I want full title so I can sell it. Currently not worth what we have paid in taxes over the years. What can we do.

Yelena Gurevich
Yelena Gurevich
answered on Mar 29, 2022

you can ask them to relinquish their interest to you and if they dont then you can file a partition action and have the court order the property sold and funds distributed based on contributions and payments towards the property.

1 Answer | Asked in Civil Rights, Real Estate Law and Collections for California on
Q: What is the deadline to appeal a no show civil judgement. Told 6 moths. July 2: 2021. If can’t find attorney what form

Mess with hiring ATT.in Feb did not show for DJ. Plaintiff new i hired atty they t hearing July 2021 I did ca. I did not hear 1day ojust meet confir 90 days. I am disabled live bed can’t sit. Everyday same. I sent email, on 7/2 said any day 1 to 5. No response . 7/6 at 1 sent email from vet,... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Mar 28, 2022

to appeal is 60 days.

to file motion to vacate: California Code, Code of Civil Procedure - CCP § 663a- "Within 15 days of the date of mailing of notice of entry of judgment by the clerk of the court pursuant to Section 664.5 , or service upon him or her by any party of written notice...
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1 Answer | Asked in Real Estate Law for California on
Q: Is a verbal lease extension for one year considered valid in California, extending an original one year lease?

Last year I wrote a letter to my tenant, which included: “Regarding your lease for [property address], which is up on 5/31/21: this is to confirm the conversation between you and me regarding your lease, in which you expressed your desire to extend for another year.”

At the bottom of... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Mar 25, 2022

it's a month to month without a new signed lease.

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