My family did a bankruptcy (chpt 7) in 2016 and our 2nd mortgage was included in that. We got a notice that the 2nd mortgage/lien was in foreclourse and was being auction off. Apparently, it was sold. We have NOT recieved anything from the new owners of the 2nd mortage/lien. We are getting a lot of... View More 
answered on Sep 14, 2023
I have heard this story many times. There is no such thing as "second mortgage included in bankruptcy." For starters, the 2nd mortgage is secured, which means if you filed a chapter 7, you may have discharged your personal liability, but the mortgage survives the bankruptcy and is... View More
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I live in a condo. I own my unit. The unit above me is being rented out. The tenant has caused leaks that have damaged my property. 6 leaks in 2 years. This year alone we had to fix the ceiling of the bathroom, living room and patio sliding door. The last repair was... View More
answered on Aug 21, 2023
You have options but it doesn't seem like you have exercised them yet. The following are some options are available to you: open a claim with the owner's insurance for each occurrence; open a claim with your own insurance for each occurrence; sue the tenant and owner in court for the... View More
The new owners of the property I reside on turned off all utilities for entire property. It is an outdoor storage facility for big rigs, construction and service businesses. Last night I got a call from one of the drivers for the street sweeping company that has its office and equipment onsite... View More
answered on Aug 15, 2023
Its not clear how you reside at a commercial facility but this is either a worker's compensation issue or a premise liability issue. So you either need a worker's compensation attorney (if you work at the location) or a personal injury attorney (if you live there but don't work there).
I was looking for a room and through a website a renter messaged me and offered me a rental room with a lease they made themselves. They made me pay half of the deposit and requested a picture of my ID. On my part I should’ve known better to trust anyone. Can I take legal action for identify... View More
answered on Aug 8, 2023
This is not identity theft yet (based on the facts stated). Someone has to use your identity to do something (ie open a credit card in your name, incur debt in your name, etc) for it to be identity theft.
If you know the name and address of the person that scammed you, you can report it to... View More
Traded in a vehicle with 10-day payoff and dealership failed to payoff within 21 days. In fact, it has been nearly 60 days and still not paid off. I contacted dealership after being notified by mail of late payment and that it was reported to the credit companies. Dealership doesn't know... View More
answered on Aug 8, 2023
it depends on what your damages are. and you have to take specific steps to limit damages before you could proceed, such as written dispute to credit bureaus and creditor re late fees/ negative reporting. not a do it yourself project. contact a consumer protection attorney right away for... View More
I received a judgement lien against a person (the loan I gave that person was not secured by property). That person owned a house at that moment when I received a judgement lien. Few months later that person passed away, and the house was foreclosed for $3,600,000 (non judicial foreclosure). Later... View More
answered on Aug 7, 2023
no, you are too late to do a judicial foreclosure if the property is no longer in the debtor's possession (i.e. you said debtor died). the estate might be liable for the judgment if there are other assets. but since the real property was foreclosed upon by another entity the appropriate time... View More
I have a home that is not up for sale quite yet. However, someone wishes to pay cash for it and is asking for a price. If I give a verbal asking price, am I then legally bound to that price? They are anxious for an approx price but home in probate and cannot do paperwork until next month.
answered on Aug 1, 2023
real estate contracts/ agreements must be in writing. however, do not place yourself in a position of having to face litigation. if you are not ready to sell, stop engaging in selling conversations. you would benefit from having a real estate broker that specializes in probate sales. contact... View More
A tenant had sexually assaulted us, violently harassed us, menacingly blocked our passing the hallway with ferocious cursing... His acts had thus breached his contract with the landlord since he had violated a term in the lease about "nuisance," but the landlord did not take action to... View More
answered on Jul 25, 2023
Did you file a police report for the sexual assault? Did you get a civil restraining order against the tenant neighbor? Did you present both police report and restraining order to the landlord?
I don’t believe you can sue the landlord for essentially not breaching their contract with... View More
Grandson paid Invitatstion Homes $7000.I was unaware of eviction.I had moved out of property.At present I still rent from Invitation homes.Lawyer wants $5000.
Legal Aid tried.but the lawyers had a dead lock.I need a ADR.They continue to harass me.Invitation homes corporate has no open case... View More
answered on Jun 23, 2023
You should definitely consult with a landlord/ tenant attorney who can review all your documents and provide proper legal advice based on your specific situation. Most offer free consultations so take them up on it sooner rather than later. If it is determined that they are trying to collect on a... View More
if any terms or provisions of this memorandum is invalid, void, or unforeseeable, that term shall be severed from this memorandum, and the remaining terms and provisions shall continue in full force in effect. Coupled with this... The parties, by entering into this memorandum, do not admit or... View More
answered on Jun 23, 2023
the language means exactly what it says...
-if any terms or provisions of this memorandum is invalid, void, or unforeseeable, that term shall be severed from this memorandum, and the remaining terms and provisions shall continue in full force in effect.
--this means as attorney... View More
My grandmother's late friend (Canadian citizen) put my grandma's house in his name in the 80s and paid it off for her. They dated until his death in 2021 (I thought they were married but turns out he has a wife in Canada). He left the house to my grandmother in his will but of course... View More
answered on Jun 23, 2023
Even though the property is in California, because the will was created in Canada and likely governed by Canada laws, you will need to consult with a Canadian attorney as to how to move the administration of the will forward through the Canadian courts. You should also consider consulting with a... View More
My name is John A. Doe and the trustor in the trust gave the home to John E. Doe. Can I simply take title to the home or what needs to be done to correct the trust error? Would I have to go to court to resolve this?
answered on Jun 23, 2023
The deed should be corrected. The process is called Scrivener's Affidavit. You need to draft and notarize an affidavit and record it with the county recorder's office. You will also need to complete and submit a Preliminary Change of Ownership Report (it's a form). You will also... View More
Resident in good standing has been at this Park, located in the unincorporated area of the City of Lakeport, County of Lake, California, for 13 consecutive months and has a dog, a cat, a hamster and a small snake (less than a foot long).
Does the park manager have the authority to demand... View More
answered on Jun 23, 2023
If the lease doesn't have restrictions and there are no city local codes that allow the management to limit amount of pets, then the management cannot likely restrict you owning it. But there are a lot of ifs involved and your best bet is to consult with a landlord/tenant attorney or legal... View More
We live in Rocklin, Ca. and have been under a drought advisory for several years. We replaced our lawn with artificial turf and our HOA is demanding changes. Thank you!
answered on Jun 23, 2023
The reality is that not many cases have been litigated in this area with these facts so how the law is interpreted by the courts is a little unknown to attorneys. Attorneys for you would argue that HOA cannot do what it's doing, and attorneys for HOA will argue the opposite. The question is... View More
I was out of town for a while and my sister took my car and put it at a self storage facility without my permission. I got a call a couple weeks ago telling me that I owed $300 to the storage facility and I told them that they didn't have my permission to store my car. They told me that they... View More
answered on May 23, 2023
Attorney Mandel have you great advice. I will only add that you should file an identity theft report with the police and on ftc.gov so that you have take. Steps to dispute whatever your sister signed you up for (now known and also things you are yet to discover). Also if you did not give your... View More
I'm ready to hire a new company to repair my roof and install a new HVAC. They have given me an estimate. Their website says, "10% off for military, veterans, police, firefighters, etc." My wife is the (etc.) She's a Nurse. The website also says "FREE whole house germicidal... View More
answered on May 16, 2023
This will be difficult and expensive to litigate. Without actual damages you may not be able to pursue the case at all. If the ad is a mistake on their end and they admit and apologize for the mistake, and you have no damages, the court is likely to excuse their mistake. I’m not sure you’ll be... View More
My mom wants me to have her share of the house she has a reverse mortgage on when she dies. From what I can tell, you get only 30 days to resolve the mortgage with various extended time it at most can be one year. I am in California, no probate is clearing our court system that fast.
What... View More
answered on May 10, 2023
You need to consult with an estate planning attorney regarding a revocable living trust if you want any chance to avoid probate and not have the property tied up in probate court while you try to refinance out of a reverse mortgage. The cost of hiring an estate planning attorney now will almost... View More
I have hired a lawyer who turned out to be colluded by the other party, a huge corporation, and he filed an arbitration demand without my approval, while I wanted to go to court. There are several grounds to challenge the arbitration agreement. Can I file in court meanwhile that the arbitration... View More
answered on May 1, 2023
Unlikely. It’s extremely difficult to overcome an aero traction agreement. If you are not satisfied with your current attorney, hire a new one. Then discuss your arbitration concerns with the new attorney to see if you have any other options. Also keep in mind that in consumer arbitrations, the... View More
I own a property in Antioch, California but I lived mostly outside of the US so I used a CA local realty management company. My HOA statement letters have been sent to the realty/ property management company. But after I ended the contract with the realty, the property manager never told me or... View More
answered on Apr 4, 2023
You may not be able to pursue this against the realty management company. Technically it is your responsibility to make sure the HOA is paid timely. You could have/ should have contacted the HOA company and informed them of updated contact information. It’s not clear whether the realty company... View More
A dealer ship lied about the down payment approval but signed the contract with that financing terms then tried to change the down payment to$250 I had financing already when I applied for credit but after I turned down the second contract the dealership didn't run my credit with who I was... View More
answered on Mar 13, 2023
almost all california car contracts are identical and have a 10 day provision where a dealer can cancel the contract within 10 days (i.e. they have to tell you by phone, text, email, etc. within 10 days that they are cancelling the contract). if they did not tell you until day 12, then you can... View More
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