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Questions Answered by Yelena Gurevich
1 Answer | Asked in Arbitration / Mediation Law for California on
Q: I need to know which form to use to file a response to a petition to vacate arbitration award (ADR-106).

A contractor did faulty work for me at a rental property in LA (2018). I took him to CSLB-sponsored mandatory binding arbitration and was awarded $8,124 (1/19/21). He filed an ADR-106 Petition to Vacate Award in February and has a court date of 6/24/21. He cited Cal Civil Code sections to... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jun 7, 2021

a response is not a form. you have to write out a response on pleading paper using legal authority. you usually have to file a response within 10 days of their petition. so get this done asap. you can file a separate petition to confirm arbitration award and you probably need to do that at this... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: The PMI rate on my loan is higher than what is stated on my Final Closing Statement. Why did it raise and what can I do?

I closed on my new home in March. The PMI rate is double the amount that is stated on my Final Closing Statement. I would have never signed a contract with such a high PMI rate. What are my options at this point?

Yelena Gurevich
Yelena Gurevich answered on May 23, 2021

You may want to discuss this first with your real estate broker/ loan officer regarding this issue to get a better understanding of what you signed and what you are receiving now before you have to pay an attorney to review your paperwork and determine whether you have a legal case.

1 Answer | Asked in Real Estate Law for California on
Q: Do I have to let her live in the house I have worked so hard on? Her drug use and actions are unacceptable...

Property purchased as tenents in common. I have held possession of the home and acquired a loan for the complete renovation. My contributions towards the improvements have included much time and financial contributions. The co buyer has lived elsewhere and made no contribution. She texted me today... Read more »

Yelena Gurevich
Yelena Gurevich answered on May 23, 2021

You can offer to buy her out of her share of the property. If she doesn't accept, you may have to hire a real estate attorney to do a partition action which will either force a buyout or sale of the property and the proceeds to be split according to equity, taking into account contributions... Read more »

1 Answer | Asked in Contracts for California on
Q: I purchased used carbut I want to return it. Called me to resign contract. Can I return at this point

Sign used car no return, dealership says I need to come in resign contracts to lower monthly payment.

Yelena Gurevich
Yelena Gurevich answered on May 7, 2021

You cannot buy a car and then decide you want to return it. However, the dealer can sell you a car and if they cannot find you financing within 10 days, then they can ask for the car back and cancel the contract. The dealer cannot make you sign a new contract. So if you are in this position,... Read more »

1 Answer | Asked in Identity Theft for California on
Q: In 2018 i was hit with a bankruptcy on my credit report that is not mine . How can I remove it
Yelena Gurevich
Yelena Gurevich answered on Apr 26, 2021

you need to send a dispute letter to each credit bureau, identifying yourself clearly, and disputing the entry on your credit. The credit bureaus will then need to investigate and remove the entry. If they do not, you may have a case against them and at that point you will want to contact a... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: I sold a house by owner. I have no real estate agent but the buyers have. Closing was on 4/21 but buyer failed because

of lender issues. Buyers agreed to pay monetary compensation to seller for delayed closing. Parties verbally agreed. Seller as per rule sent 3 day notice through email to perform closing. Buyers denied any compensation, signed the loan docs on 4/23 and ready to close. Escrow cannot close on... Read more »

Yelena Gurevich
Yelena Gurevich answered on Apr 26, 2021

it depends. more facts are needed and you need to speak directly with an attorney that handles real estate transactions law. you may end up having to pay more (to an attorney, court fees, and in you are in break then damages to the other side) to fight the sale over a 5 day difference so the real... Read more »

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for California on
Q: Is there anything I can do about a car I purchased st a used dealership. It broke down 2 days after axle broke then brak

The car broke down a total of 4 times within 30 days I’ve had to come up with over 3000 the car was purchased cash this last time it was in the shop for something to do w transmission Nd it’s still not running right 6170 cash price no financing

Yelena Gurevich
Yelena Gurevich answered on Apr 26, 2021

if you purchased the vehicle with a warranty the dealership should be given the opportunity to fix the issues. If you purchased it as is but it was sold with issues that needed to be disclosed, you can sue them in small claims. Small claims is appropriate for anything under $10,000. Lawyers are... Read more »

1 Answer | Asked in Consumer Law, Divorce, Foreclosure and Real Estate Law for California on
Q: My mother and stepdad own a home together but they are separated not Divorce, but living in the same house.

Her name is on the deed and his name is on the actual mortgage loan he wants to do a quick sale on the house but is it possible for him to do so without her consent with her name not being on the actual mortgage loan ?

He also claimed that he stopped paying the mortgage about 5 months ago... Read more »

Yelena Gurevich
Yelena Gurevich answered on Mar 26, 2021

Your mom needs to call and consult with a lawyer that is familiar with real estate and bankruptcy law. If she is on title, he cannot sell without her permission. If he stopped paying the mortgage, she needs to pay the arrears if she wants to stay in the house. If there is equity in the house and... Read more »

2 Answers | Asked in Consumer Law and Collections for California on
Q: Can a car dealership report a collection on your credit if is not your loan?

My fiance took out a car loan and when we went to pick up the truck, after already trading in our other vehicle, they changed the terms and asked for an additional $4k. I wrote a check from my personal checking account for the additional monies, but when we reviewed the paperwork, it was not in the... Read more »

Yelena Gurevich
Yelena Gurevich answered on Mar 24, 2021

if you are asking whether a debt that is not yours can be reported on your credit, the answer is no.... but given the facts you listed it sounds a bit more complicated and you will need to call and speak to a lawyer to better evaluate your situation.

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3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Hi, are their statues of limitation on debt? A debt I was told I paid off is now claiming I owe 10 years later.

My school contacted me in 2019 about an outstanding debt, claiming one of my Grant's was refused after I graduated and paid off my loan. But I graduated in 2009. So they are informing me very late. I chose to ignore them and just now I have recieved and email saying if I dont settle my debt,... Read more »

Yelena Gurevich
Yelena Gurevich answered on Mar 12, 2021

call and speak to one of us. we will need to review the documents and emails as well as your facts in detail to better assist you with this issue.

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1 Answer | Asked in Contracts for California on
Q: Can I go after my car finance company for not having my contract and wrong finance amount in there system

Can I go after my car finance company ..my car was a total loss in November 2020 my insurance did there part and paid My finance company what they owed so it left a balance to pay off 6,959 which my gap is trying to pay but My finance company does not have my contract on file and then they have... Read more »

Yelena Gurevich
Yelena Gurevich answered on Mar 12, 2021

you need to contact a consumer protection attorney that has experience with debt collections and credit reporting issues. after a substantive consultation and review of the documents, the attorney may be able to answer your question.

1 Answer | Asked in Collections for California on
Q: I keep getting emails from Debt Collection Agency saying I'm blacklisted and will get arrested today.

I don't have any debt from this collection and they want me to pay only by one vanilla prepaid card. I also checked my credit report and my bank and no record of this debt

Yelena Gurevich
Yelena Gurevich answered on Mar 10, 2021

please contact a lawyer today and save all the documents you have received. these are violations of law and you will be entitled to damages.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Identity Theft and Public Benefits for California on
Q: Hi I’m being falsely accused of fraud by the department of human assistance in Sacramento ca I need my identity stole
Yelena Gurevich
Yelena Gurevich answered on Mar 10, 2021

you have no question pending. you are going to want to speak with an attorney to go over all your facts and circumstances to determine your rights and options.

1 Answer | Asked in Identity Theft for California on
Q: how do i get my money back from debit card fraud
Yelena Gurevich
Yelena Gurevich answered on Mar 10, 2021

it depends. an attorney would need to review all the facts and circumstances before you could get a substantive answer to your question.

3 Answers | Asked in Estate Planning for California on
Q: Is my grandmother the sole mortgagee of the house now?

My grandfather passed away. He and my grandma were the two mortgagors (borrowers) to the home my grandma lives in now. The house is in CA a community property state, however the house is not paid off. What do we have to do to ensure she keeps the house.

Yelena Gurevich
Yelena Gurevich answered on Mar 3, 2021

Keep making the house payments. If she's not on title, then you will need to open probate to have title transferred to her.

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2 Answers | Asked in Real Estate Law and Child Support for California on
Q: Do I have to give back property that has been quit claimed to me?

My ex husband quit claimed a piece of property to me 10 years ago. The agreement was that he would continue to pay the taxes in my name as he was going to keep the rental income. I just got a letter from his attorney stating that I need to give the property back now. She stated that I was his... Read more »

Yelena Gurevich
Yelena Gurevich answered on Mar 2, 2021

you need to hire an attorney right away. given that the issue is property, you need a real estate attorney to review the quitclaim deed and the demand from his attorney, and advocate on your behalf.

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1 Answer | Asked in Real Estate Law for California on
Q: Do I have a chance at winning over property rights/ occupancy over the house I co-own with my abusive child's father?

I am currently in a child custody dispute with my child's father. We co-own a house as of 2018 (never married) and after two years of domestic abuse I left with my daughter. We share 50/50 custody but am finding it difficult to aquire permanent reasonable housing for myself and my daughter.... Read more »

Yelena Gurevich
Yelena Gurevich answered on Mar 1, 2021

If you were never married, your rights to the property would be based on real estate laws and you have the right to ask the court to partition (i.e. have the property sold now) and have the equity distributed based on title ownership. So if he does not cooperate with you by 1) allow you to live in... Read more »

1 Answer | Asked in Contracts and Banking for California on
Q: A sellers right to cancel within 10 days, what happens after if they want to cancel due to financing

I traded my vehicle to a dealership on 2/15/21 and I received a call from them yesterday 2/25/21 asking me if I could put more money down or get a co-signer. What happens if they call me today saying they could get financing since it is no longer within the 10 days?

Yelena Gurevich
Yelena Gurevich answered on Feb 26, 2021

Since they called you on 2.25.21 asking for more money, you will have a hard time proving they did not "cancel" within 10 days since 2.25 was day 10. At this stage, the dealer can ask for the car back and give you back anything you paid/ traded in, or the dealer can choose to become the... Read more »

2 Answers | Asked in Consumer Law for California on
Q: In a credit card suit, the filing states plaintiff has met conditions precedent, including exhaustion of administrative

remedies. does this mean prior to filing plaintiff must attempt or offer to settle? If so, can you site the rule or case law?

Yelena Gurevich
Yelena Gurevich answered on Feb 19, 2021

no, they do not have such a requirement. if you are facing a collections law suit, you may need to consider filing bankruptcy to eliminate the debt or call them and negotiate the debt. in either event you will want to speak to an attorney that is familiar with both bankruptcy and debt collection... Read more »

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1 Answer | Asked in Contracts and Business Law for California on
Q: What are the steps to filing a civil suit in Sonoma County for a quarter of a million by October 2021?
Yelena Gurevich
Yelena Gurevich answered on Feb 19, 2021

You can look for instructions and forms on- http://sonoma.courts.ca.gov/self-help/civil-self-help-center

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