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Questions Answered by Delaram Keshvarian
2 Answers | Asked in Real Estate Law, Criminal Law, Civil Rights and Municipal Law for California on
Q: Can a new property owner trespass the homeless encampment on their newly bought property with a notice that is expired?

There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 27, 2024

Thank you for asking the question!

1. The first issue that needs to be addressed is whether homeless people have any right of possession in the property. The CA general law allows some occupants to take both the title and possession under adverse possession under certain circumstances. One...
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2 Answers | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Neighbor says the roots from my backyard tree is lifting some cement in her backyard, can she sue me?

From what I’ve been reading, it sounds like she can have the roots on her side be cut if an arborist says it won’t damage my tree’s health which I would be fine with.

If an arborist determined cutting those roots would end up killing my tree, I would also be okay with the neighbor... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 28, 2024

Thank you for asking the question!

1. Who owns the tree? The owner of the tree is the landowner which the trunk of the tree is located on.

2. Who has the liability for the trees encroachment? There is an absolute liability on the owner of the tree to remove portions of his trees...
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3 Answers | Asked in Contracts and Real Estate Law for California on
Q: Would you do contract document review?

I have a property which I need to be managed by a property management organization that I want the contracts to be reviewed by a lawyer. I can provide the documents. I would like to know more about the review process by a lawyer and the cost of it.

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 29, 2024

Thank you for asking the question!

Attorneys can charge on flat fee or hourly for the contract review.

1. There is usually a initial consultation with the client to have an understanding about the general subject matter of the contract, client's goals. Which types of the...
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2 Answers | Asked in Landlord - Tenant, Real Estate Law and Civil Litigation for California on
Q: My storage in California raised my rent from 154 to 197 last month and I’ve only been there for 10 months. Legal?
Delaram Keshvarian
Delaram Keshvarian
answered on Apr 30, 2024

Thank you for asking the question!

1. The lease agreement is the governing instrument. If there is any provision in the agreement that controls the increase in the rent, you can make the owner of storage to comply with it.

2. Even though storage is not a residential property, there...
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3 Answers | Asked in Landlord - Tenant for California on
Q: Hello. I sued my ex-landlord's LLC in Las Vegas, NV. Turns out he filed an Answer, not using an attorney...

and he transferred his assets away and shut down his LLC and stopped responding. I asked for case ending sanctions against him. They were granted. I had NO IDEA how to get a default judgment and it took me a few years to figure it out. I finally did though and got a judgment for almost $8,000.... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 29, 2024

Thank you for asking the question!

Personal jurisdiction (PJX) is about the power of the court over the person or entity. It is about fairness. There must be personal jurisdiction over the person so the court can hear the case. Some of the instances that there is personal jurisdiction over...
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2 Answers | Asked in Business Law and Real Estate Law for California on
Q: Can I sue the Hoa for failing to follow the davis sterling act and provide information requested ,certified, as a BOD?

I submitted three letters to the HOA association and the other two board of directors. I stated in the letters in accordance with the statutes of the davis Sterling act and homeowners association laws that I was to be provided this information of disclosure I never received a response I was... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 29, 2024

Thank you for asking the question!

1. A member of the association may bring a lawsuit against the association in case of violation of Sterling Act within one year.

2. If the member prevails in the civil action, the member is entitled to an award of reasonable attorney fees and...
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2 Answers | Asked in Libel & Slander and Real Estate Law for California on
Q: Can I sue for defamation to the Hoa board of directors for stating in an open meeting I was referred by lawyer a nut job

on two – 5–24. I was at an HOA board meeting with the other board members when one of the board of directors stated that the lawyer what the association had quit because I was a nut job he continued to say that it was my fault that the lawyer had quit And open reading he said I was a nut job in... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 30, 2024

Thank you for asking the question!

Defamation laws is lengthy, but some of the defamation elements are as below:

1. An intentional publication of a statement of fact;

2. The statement was false;

3. The defendant’s fault in publishing the statement amounted to at...
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2 Answers | Asked in Personal Injury and Real Estate Law for California on
Q: Can I sue the HOA and manager for failing to properly respond and provide assistance on a safety concern?

On 10/1/23 I asked manager of HOA to investigate and take action on a concern of safety. The neighbor upstairs refused to move items that were stored in my path I felt and stated that the items were tripping hazard. I was told of HOA to investigate and take action on a concern of safety. The... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 30, 2024

Thank you for asking the question!

It seems to be a personal injury case, rather than a real estate law. I recommend you speak with a personal injury lawyer who handles these cases. They usually get contingency fees (which means you do not have to pay until you settle or win the final...
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2 Answers | Asked in Real Estate Law and Municipal Law for California on
Q: Can I put up an unlocked chain across a driveway shared by two homes.

The plastic chain is supported by two metal posts on either side of the driveway. We live on a small one way mountain road and don't like vehicles that pass by using our driveway as a turnout or turnaround. Our neighbor doesn't like it and says it's an unnecessary barricade.

Thank you

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 30, 2024

Thank you for asking the question!

1. Since the driveway is shared, its maintenance belongs to both of the property owners. Your neighbor's consent is required for such changes.

2. Even when there is a mutual agreement, a real estate attorney needs to examine your deed and...
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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Help!! Homeless locked out of inherited house co-owned with estate exec.who never did title change, no partition fille

Sister wants to sell never transferred title so neither own it...she kept all documents... want to buy her out court had granted stay but she got it vacated lying to Court that i paid for nothing. Can I get vacate reconsidered? Like to live in home and reach agreement to buy her out.

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 30, 2024

Thank you for asking the question!

A. To have a partition, there must be some sort of tenancy in common (e.g., joint tenancy or tenancy in common).

You need to get the title of your property through either a. non-probate (which is much shorter and not applicable to all cases); or...
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3 Answers | Asked in Real Estate Law for California on
Q: i have a question about real estate law and escrow in california

basically i sold my home to my father in law way under market value only for him not to pay me and kick us out do i have any grievence or way to recoup my money or home

Delaram Keshvarian
Delaram Keshvarian
answered on May 3, 2024

Thank you for asking the question!

There are some legal theories that under them you may be able to rescind the agreement and take your money back:

1. Breach of contract: when one party does not keep their promise under the contact.

2. Fraud or misrepresentation: when there...
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3 Answers | Asked in Estate Planning, Family Law, Personal Injury and Real Estate Law for California on
Q: My Father was narcissistic. How do I get my house back

Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 9, 2024

Thank you for asking the question!

1. Was the home transferred properly to you after 30 years?

There are necessary elements for a deed to be valid:

1. A sufficient writing of the names of granite and grants, operative words of conveyance, and sufficient description of the...
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2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Criminal Law for California on
Q: What kind of attorney do you recommend for my situation. What is the best action to take to proceed

In 2007 my husband and my sister-in-law had an affair. Heard what I was told by a mutual friend they would speak about him getting rid of me and her getting rid of my brother, and running off together and with all my family's money. There has been numerous people involved a lot of harassment... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 21, 2024

You need to report all these incidents to the district attorney's office AND police officers. Also, consult with a criminal attorney to guide you properly about your evidence and options you have available.

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2 Answers | Asked in Real Estate Law for California on
Q: Notice of Intent to Preserve an Interest in real property I need this form in order for me to record one
Delaram Keshvarian
Delaram Keshvarian
answered on Jul 21, 2024

Your question is cut off in the middle. Would you please rewrite it?

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2 Answers | Asked in Real Estate Law for California on
Q: Wondering if we have a case... My mortgage lender is stealing from us

My mortgage lender increased my loan because of the property tax. Now they did not acknowledge that I have a property tax exemption. I bought my home going on two years, and have been building up escrow. Not only did they take everything from escrow, but they also raised the amount of my loan. This... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 21, 2024

You need an attorney specialized in taxing and lending to evaluate your case to see if there is any misconduct going on but the bank. Then, you can sue the bank.

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2 Answers | Asked in Real Estate Law for California on
Q: Do I pay capital gains on my mom’s house if I sell it before she passes. It’s in a trust
Delaram Keshvarian
Delaram Keshvarian
answered on Jul 21, 2024

You need to talk to a tax attorney to figure out it of any explanations is applicable to your case. Some of them offer free consultations.

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2 Answers | Asked in Real Estate Law for California on
Q: How can I add my significant other to my homes deed?

I would like to add my fiancé to the deed of my home. Do I need a special form to file?

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 21, 2024

No filing is required for the transfer, but it may subject you to the reassessment of the property for tax purposes. I recommend you consult with a real estate attorney.

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2 Answers | Asked in Civil Litigation, Collections, Foreclosure and Real Estate Law for California on
Q: I am a Creditor seeking foreclosure on a Los Angeles condo by a man who Fraudulently Transferred equity to his brother.

To avoid Writ of Execution to sell his Los Angeles Condo in 2005, the co-owner attempted to transfer his 1/2 equity to his brother for an alleged $431,975. No loan, and no loan documents ever existed, just the filing for a Trust Deed on the entire condo. I contend that the 7-year statute of... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 18, 2024

Thank you for your question!

If it was a fraudulent transfer, just to shield the property, you probably can reverse the transfer. The statute of limitation of the judicial foreclosure is 3 years unless it was in installments. There is a trust deed, so you may be able to do a non-judicial...
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2 Answers | Asked in Consumer Law for California on
Q: Stop wage garnishment

Old bill from ford motor credit Turned in car about 15 yrs ago Now they are garnishing my wages. How do I stop it. ?

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 17, 2024

You need to talk to a debt collection attorney to sell of they have obtained or renewed the judgment during the past 15 years. If they have not followed the process properly, you can stop their collection.

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2 Answers | Asked in Probate, Real Estate Law and Tax Law for California on
Q: what happens if an estate currently in probate, with motion to sell immediately has delinquent taxes on it

what happens if an estate currently improbate with mostly to sell immediately has delinquent taxes and is scheduled to be sold at a public tax auction?

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 15, 2024

Thank you for your question!

It would stay the foreclosure after providing proof of the successors of interest that the property is going to be sold. The tax due amount will be deducted from the sale proceeds before its distribution.

This is merely a discussion of general laws and...
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