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Questions Answered by Yelena Gurevich
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

1 Answer | Asked in Consumer Law for California on
Q: I sued by credit card company. The California court website said if I can not pay, I’d better not response. Is it right
Yelena Gurevich
Yelena Gurevich answered on Feb 12, 2021

I am not familiar of any court website that says do not reply if you cannot pay. If you don't reply there will be a default judgment against you and can attach to any property (real or personal) you may have now and in the future.

2 Answers | Asked in Contracts and Civil Litigation for California on
Q: A defendant has Defaulted in California. They've filed a Motion to Set Aside. Do I need to serve my Opposition?

As I understand, I needn't serve the defendant as they are in default.

Yelena Gurevich
Yelena Gurevich answered on Feb 11, 2021

You must absolutely serve the defendant with anything you file with the court. If you don't your filing is defective and may not be considered by the judge.

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6 Answers | Asked in Bankruptcy for California on
Q: Came to an agreement with collections company. They didn't hold up their end. They're also harassing. What can I do?
Yelena Gurevich
Yelena Gurevich answered on Feb 8, 2021

You can file bankruptcy and eliminate the debt if you qualify. Call and attorney that practices bankruptcy and consumer protection law for a consultation.

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5 Answers | Asked in Bankruptcy for California on
Q: I’m married & live in southern california & was planing to file chapter 13 separate from my husband, but now its a mess!

Last month I collected all the paperwork to file with a lawyer, but now my husband just told me he wants a divorce & for me to leave. We rent this house, but owner sides with him. The lawyer I was going to hire changed his mind today because I now have to move to northern california with... Read more »

Yelena Gurevich
Yelena Gurevich answered on Feb 4, 2021

Call for a free consultation to really go over your facts in detail. It sounds like you should be able to file a chapter 7, especially if you and your husband are now separated and his assets are not community property, and even if they are, there are ways to make it work. In California, separate... Read more »

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2 Answers | Asked in Consumer Law for California on
Q: hi, can I sue , for ruin my credit and causing emotional distress
Yelena Gurevich
Yelena Gurevich answered on Feb 3, 2021

depends on the facts of your situation. since no specifics are listed here, the only answer any lawyer can give you is it depends...

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1 Answer | Asked in Consumer Law and Identity Theft for California on
Q: Someone took out a title loan on my car without my knowledge. My car was repossessed and repo agent charging me 150

To retrieve my belongings and are keeping my car. I filed police report and sent to the lender. How do I get my car back since I had no knowledge of a title loan

Yelena Gurevich
Yelena Gurevich answered on Feb 3, 2021

Get a copy of the loan and see who signed it and who it was given to. Are you the only person on title to the vehicle? Check your credit to see if this loan is being reported on your credit reports (go to annualcreditreport.com). You may need to hire an attorney to sort all this out. Time is... Read more »

1 Answer | Asked in Contracts for California on
Q: Hello, Business litigation. My Q: I lost the signed copy of the contract. How can I prove it was a written contract?

Would love to hire an attorney for this case. Proving the written contract is important in part because of the statute of limitations.

Yelena Gurevich
Yelena Gurevich answered on Feb 1, 2021

You will need to call and speak to a lawyer about the specifics of your case before anyone is able to provide you with an answer to your question. The answer(s) would depend on the specific facts.

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