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Questions Answered by Yelena Gurevich
1 Answer | Asked in Real Estate Law for California on
Q: I found the original deed of trust from the beneficiary to my dad. Is there any way I can stop a sale of the property?

The property is being sold as a "partition by sale of tenants in common."

Yelena Gurevich
Yelena Gurevich answered on Oct 20, 2020

I'm not sure any lawyer is able to answer your question without more information. It's not clear how you finding the original deed of trust would stop a sale of the property. You are going to have to contact lawyers directly and have them go over the facts and paperwork with you.

1 Answer | Asked in Civil Litigation for California on
Q: The judge ordered me to pay sanctions. My financial situation has changed bc of COVID. What can I do?

CA - I had a fee waiver originally. It was my first motion that I have ever submitted. I tried to submit a motion for reconsideration but I left out the affidavit. The judge told me to work with out a payment plan with the other attorney. The attorney is waiting money that I don't have. They... Read more »

Yelena Gurevich
Yelena Gurevich answered on Oct 19, 2020

It sounds like you are being sued and within that lawsuit something happened that caused the court to issue sanctions against you. Since you are having financial issues, I highly recommend you speak to a bankruptcy attorney.

5 Answers | Asked in Bankruptcy for California on
Q: i HAVE AN EVICTION CASE HEAD TO TRIAL. IF I FILE BANKRUPTCY WILL THE CASE CONTINUE TO TRIAL AFTER THE STAY IS LIFTED
Yelena Gurevich
Yelena Gurevich answered on Oct 19, 2020

if the eviction case is against you, a bankruptcy filing will stay (i.e. delay), not stop, the eviction. The landlord can either obtain relief from stay to proceed with the eviction or can wait until the bankruptcy is completed to proceed. You will need to talk to an attorney to make sure you do... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: How long does a conservator have to transfer the estate to the executor in California after the conservatee has died?

I am the executor of my fathers estate listed in his will. He died 4 months ago under a conservatorship, and I have not been informed anything in regards to his estate. I live in Massachusetts which is why I was not his conservator, he received a court appointed one. I was contacted about... Read more »

Yelena Gurevich
Yelena Gurevich answered on Oct 14, 2020

you need to talk to a probate attorney specifically. if your father only had a will and not an estate plan with a living trust then you will need to open probate to administer his estate and transfer assets.

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2 Answers | Asked in Real Estate Law for California on
Q: What do I do with a escrow company which overlooked a lien on the house?

I purchased a house in April in California. I was hit by very high property taxes. The county tells me the reason is that there's a lien on the house by ( LA Hero program). The escrow company tells me they overlooked this lien or loan on the house. The Hero program refuses to give me... Read more »

Yelena Gurevich
Yelena Gurevich answered on Oct 12, 2020

This is definitely a title insurance issue. You need to file a claim with them and have them have this handled. Also talk to your real estate broker about the process. You may need to talk to a lawyer.

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1 Answer | Asked in Real Estate Law for California on
Q: What are the pitfalls if I purchase a house while it’s still in a joint living trust, but one of them had died?

If there is a property that is in a joint trust and one of them died, and the surviving spouse sells the property, what are the pitfalls if I purchase it while it’s still in the joint living trust? Why would the surviving spouse not just change it out of the trust to be just in their name?

Yelena Gurevich
Yelena Gurevich answered on Oct 9, 2020

It should not matter if the seller is the trust/trustee or an individual. You as the buyer proceed as you normally would in a purchase of a real estate. You may have to work with a broker/agent to guide you through the process.

1 Answer | Asked in Consumer Law for California on
Q: Is it legal for a cloud file backup service to refuse to give me access to my own files?

I used a cloud file backup service for several years. My external hard drive was stolen then my laptop was hacked. So, I finally needed access to all of my files stored in the the cloud. The problem is that I changed my phone number for the first time in 20 years, and now the company refuses to... Read more »

Yelena Gurevich
Yelena Gurevich answered on Oct 8, 2020

if you are current on your backup storage payments, you should not have issues accessing your files even if you changed your phone number. there seems to be some information missing as companies don't just arbitrarily deny access to files. you may need to consult with an attorney and... Read more »

3 Answers | Asked in Consumer Law for California on
Q: How do I stop a wage garnishment that was recently filed with my employer by a law firm?

I spoke with the Court and they told me I could file paperwork with the Sheriff Dept. to stop the garnishment, but I had to wait for the lawyer to file a Writ before they could do anything. They will be taking 25% of my check in which I can't afford. How do I proceed at this point?

Yelena Gurevich
Yelena Gurevich answered on Oct 8, 2020

a wage garnishment means there is already a judgment against you. that means it will be difficult, but not impossible, to negotiate the debt. you could see if you qualify for an exemption or a bankruptcy to avoid the debt. it's important you speak to a lawyer right away to go into details... Read more »

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1 Answer | Asked in Consumer Law for California on
Q: I bought a new 5th wheel egg l, whrr E BMI css as liked to have it delivered I was told they are waiting for rear

It had dented rear panel ams has never left dealership. I asked for refund and they said no.

Yelena Gurevich
Yelena Gurevich answered on Oct 7, 2020

Your post does not seem to have any question for a lawyer to answer. It's more of a statement. More details and specifics will need to be revealed. You need to speak to a lawyer familiar with suing dealerships to really flush out all the facts and determine if there are any legal violations.

2 Answers | Asked in Estate Planning and Collections for California on
Q: Adding my name to our home title by doing a QuitClaim Deed documentation and filing it to the County

If I have creditors after me - will they now go after our home? (California property)

Yelena Gurevich
Yelena Gurevich answered on Sep 28, 2020

Yes. If creditors obtain a judgment against you, they can attach that judgment to any property in your name.

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1 Answer | Asked in Consumer Law and Products Liability for California on
Q: Is it legal for retailer to not sell you a product after requiring your to be approved for a loan?

A retailer is selling a product from a third party that requires a buyer to be approved for a loan. The buyer applies, and is approved for the loan. After being approved for the loan, the retailer informs the buyer that theyre sold out of the product. The buyer now has an established loan/line of... Read more »

Yelena Gurevich
Yelena Gurevich answered on Sep 25, 2020

With the facts given, the credit/loan taken out can be paid in full since the funds were not used to purchase the product so there are no damages to the consumer under these circumstances. With no damages, there is no case to pursue.

2 Answers | Asked in Real Estate Law for California on
Q: I have 3 of 4 people on a deed for vacant land who want to sell. Can the 4th person be forced to sell?

The 4th person is going through dementia & her caregiver is trying to make decisions for her & will not allow us to speak with her.

Yelena Gurevich
Yelena Gurevich answered on Sep 24, 2020

If all parties do not agree, you are looking at a partition action in court to force the sale. You may want to discuss that with the fourth person before proceeding with that action, as it would require time and money to move through the court system.

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2 Answers | Asked in Real Estate Law for California on
Q: My Dad just passed and left me a house in a trust. What is my next step to obtain the house in my name?

Do I pay the mortgage until it is in my name? Or is it covered by his trustee?

Yelena Gurevich
Yelena Gurevich answered on Sep 23, 2020

You should talk to the trust trustee. Certain steps need to be taken to administer the trust. You may need to speak to an attorney and go over the trust documents.

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2 Answers | Asked in Civil Litigation and Civil Rights for California on
Q: Can I file a lawsuit

I, an adult female, was asked to leave the dressing room because another female felt uncomfortable with me there along with a child. I believe after the employee realized I was a female and the child (11) is a male then went on to say it was because of the child being in there with females. I... Read more »

Yelena Gurevich
Yelena Gurevich answered on Sep 22, 2020

Did you file a report with a supervisor or manager? Do you have the contact information of the customer that requested you be removed? These type of cases are difficult to prove discrimination without much more information. The employee could have any number of reasons to ask you to leave,... Read more »

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