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Questions Answered by Mr. Robin Mashal
1 Answer | Asked in Real Estate Law for California on
Q: can I claim adverse possession to my deceased mothers house?

My sister is on the title and I have paid the payments for the last 7 years. Now there is a problem with the loan servicer and they are trying to foreclose on the house.

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 11, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

It is fairly difficult to establish adverse possession under California law. In the case of California Maryland Funding Inc. v. Lowe, 37 Cal.App.4th 1798, 1803 (1995), the court...
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2 Answers | Asked in Real Estate Law for California on
Q: My friend dad bought his house years ago, and his brother co-sign for him so the loan in his uncle name. Now that there

both getting up there in age how can they transfer the name on the loan to my friends?

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 11, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If the existing loan is assignable, then they can approach the lender to transfer the title and the loan to your friend. Otherwise, your friend will need to go through a transaction...
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1 Answer | Asked in Divorce for California on
Q: I want to buy him out of the house ownership, but the house was rebuilt without permits. Can I still do it and how?

My husband wants to keep the ownership as 50/50 between 2 of us. He does not have resource to buy off the house from me. I can have support from my family side to buy him out. But the house was re build, extended without permits. Can I still buy it and what may affect me?

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 11, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you want to buyout your husband's interest, you can certainly do so. You will receive your husband's share of title in the property subject to any building code/permit...
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1 Answer | Asked in Estate Planning for California on
Q: I am 1 of 10 siblings left in our mother's will and want to opt from this will can I do this before it goes to probate?

To clarify this, we are 10 living siblings whom my mother left the house to in her will. I want to decline my name off this will before it goes to probate or court is this possible? I really don't have any interest in the home what so ever and don't want to get involved with any... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 11, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You will need to file a written disclaimer with the court when the probate has been opened. Section 278 of the California Probate Code provides "The disclaimer shall be in...
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1 Answer | Asked in Family Law for California on
Q: My wife file for divorce, can she get half of everything I have even dough she never contributed with a penny

My wife file papers for divorce. In the 23 years of marriage she has never giving me dime for anything to take care of the household. I paid for everything rent utilities vacations hoa fees, got her a $3400 diamond ring sometimes maintenance on her car, I have a retirement account and I think she... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 11, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The answer to your question will depend on whether the properties you refer to would be classified as community property, quasi-community property, or separate property. Any...
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1 Answer | Asked in Estate Planning for California on
Q: How can I keep my dad house if he left no will and he left a under age kid?

My dad pass away a month ago. He did not leave a will but he has a house paid off which we all lived with him. The thing is that my (nonworking lazy) brother of 38 year old wants to keep it all to himself. My dad has a underage kid under 18 can he keep the house? Or what can we do to keep the house... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 10, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am sorry for your loss. If your father died intestate (i.e., he did not have a will) then his estate needs to be probated. The probate court will distribute your father's...
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1 Answer | Asked in Real Estate Law for California on
Q: I bought house Shortsale after five years , H.O.A askingme to remove a part of ciment not match color that was not

done by seller or me , that is 10years already past , am I responsible, can they make me ?

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 10, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You need to read the HOA notice carefully and see what authority it is relying on. Likely, there is some provision in the Covenants, Conditions & Restrictions...
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1 Answer | Asked in Animal / Dog Law for California on
Q: I sold my dog and changed my mind after a day. I ask for him back and they won't Can I legall get dog back ?
Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 10, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Generally, contracts are binding when they are entered into and there is no choice to rescind (i.e., undo) them. If you and the buyer agreed on a price, you received the money and...
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1 Answer | Asked in Real Estate Law for California on
Q: Can an owner request a prepaid 12 month payment on a 24 month lease in addition to a 1 month security deposit?
Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 10, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Your description does not provide if this is a residential lease or a commercial lease. Concerning residential leases, California Civil Code § 1950.5(c) allows "advance payment...
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1 Answer | Asked in Estate Planning for California on
Q: my father incorporated and when he passed my mother became president of the corporation with my eldest brother executor.

after she passes my 5 siblings and myself have the corporation divided between us. I am the outsider among the 5 and problems are arising among us. how can I read what my father's wishes are in his will?

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 10, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

When did your father pass away? The executor of your father's estate should have petitioned the court for probate within 30 days of his death. If your father died having a...
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1 Answer | Asked in Probate for California on
Q: Does a decedent need to inform a beneficiary that changes were made to their will?

When I was asked to sign the Will by the decedent it was a particular percentage. Then after she passed away and I received a copy of the will and the Probate Petition from the Executor's lawyer, my perecentage had changed to 5% less than the original percentage that the decedent showed me... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 9, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Your description is not clear to me. Where were you signing on the decedent's will? In what capacity where you signing the decedent's will? If you are a beneficiary...
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1 Answer | Asked in Contracts for California on
Q: I bought a car from someone for 1000 I pd 800 and took there car to fix in exchange for whats owed

Now they dont want to give me the car or my money back

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 9, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

It seems like you were buying a car with some money down and with a promise to do some services for the balance. Have you kept your end of bargain? If you have fully performed what...
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1 Answer | Asked in Real Estate Law for California on
Q: can you help me

In closing costs my original loan was 22,000.00 they are charging me 47,000. Claiming I got 25,000. Cash out. I never got any money

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 9, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

It would be very difficult for anyone to try to help you without seeing all of your documents and without having an understanding of the context of your transaction. The $25,000 you...
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1 Answer | Asked in Divorce for California on
Q: Dad didn't pay a trailer bill mom is getting sued for it.

My mom and dad got divorced a few years ago and they had a trailer with both their names on the lease, the trailer was reposessed and in the divorce agreement it was agreed that my dad would pay the bill for the trailer and my mom would pay bills for other things that they had. Well it turns out my... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 9, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If both of your parents signed for the purchase the trailer, both of them are jointly and severally liable for the bill payments. You should review the divorce settlement terms and...
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1 Answer | Asked in Real Estate Law for California on
Q: I just purchased a home. I found animal remains in a wooden box in the back yard while cleaning. Do I have a lawsuit?

Police and fire department was on scene and they believe the remains are of an animal.

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 9, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If the animal belonged to you and someone killed it, you may be able to entitled to recover the value of your animal. Be sure to consult your own attorney to protect your legal rights.

2 Answers | Asked in Real Estate Law for California on
Q: How long are seller disclosures valid

The seller filled them out in May of 2014 and we just went into contract. Can I use them or do they need to fill out new ones?

Thank you!

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 9, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The answer will depend on how the contract and disclosures are phrased. Ideally, the representations and warranties should be made as of the escrow closing date. Be sure to consult...
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1 Answer | Asked in Criminal Law for California on
Q: Where can I find California False Reporting Penal Code § 11172(a)

I would like a copy to take with me to court.

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 9, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You can go to the law library and find the hard copy of the Penal Code, or view it online such as on this page http://law.onecle.com/california/penal/11172.html. Be sure to consult...
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1 Answer | Asked in Collections for California on
Q: need a lawyer to help ollect and enforcement of a court order Judgement

i need a lawyer to represent me against debtors , that i have won a court order Judgement against the debtors . i am living in Los Angeles , Ca . THANK YOU FOR YOUR HELP

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 6, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You can find an attorney by searching online (e.g., justia.com, avvo.com, lawyers.com) for attorneys who practice enforcement of judgment. You can also contact one of the local bar...
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1 Answer | Asked in Collections for California on
Q: Can I garnish a self-employed individual's house rent or car loan payment?

I won a California small claims case against an individual who has not paid me. An Order of Examination reveals he has no assets (bank account, credit cards, property, etc.) All his transactions are in cash. Can I submit a Writ of Execution against his landlord or car loan company to get the money... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 6, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You can order the Sheriff to levy upon this debtor's property or wages. The debtor presumably has liabilities to his landlord (i.e., rent) and to his car loan company (i.e., car...
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2 Answers | Asked in Real Estate Law for California on
Q: What does it mean when a co owner of the property transfers the entire property into their name
Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 6, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Your question is not clear to me. If a property is owned by 2 or more co-tenants (co-owners), then in order to transfer property's title all co-tenants would need to sign the...
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