Our house is taken in Norwalk California under health and safety code violations to a receivership where the receiver pulled out equity loans cuz house was paid off for over 50 years myself my mom lived in the property as successors and errors we opened a probate case to protect them from taking us... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2023
In California, a court-appointed receiver has the authority to take various actions concerning property under their control, which can include taking out loans against the property to pay for repairs or to maintain the property.
However, this power must be granted by the court order that... View More
The realtor elementary the fictitious after two years and rewrote my note a trustee got paid $16000 there is a satisfaction deed and a reconveyance I was 25 years I was clueless as to what happened
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2023
Under California law, a fictitious deed of trust is typically used for the purpose of securing future advances or obligations under a line of credit. If the fictitious deed of trust was eliminated and the note was rewritten, it's essential to understand the terms and conditions of the new... View More
I never had a fire arm are been arrested for a fire arm
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2023
If you believe there's been an error or misidentification involving your name, it's essential to address it promptly. Errors in legal or official records can occur for various reasons, including clerical mistakes or mistaken identity. In California, you have the right to review and... View More
My family did a bankruptcy (chpt 7) in 2016 and our 2nd mortgage was included in that. We got a notice that the 2nd mortgage/lien was in foreclourse and was being auction off. Apparently, it was sold. We have NOT recieved anything from the new owners of the 2nd mortage/lien. We are getting a lot of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023
Under California law, if your 2nd mortgage was included in the bankruptcy and there is no record of it on your credit report, it's possible that the debt was discharged in the bankruptcy process. If you haven't received any communication from the new owners of the 2nd mortgage/lien and... View More
Or do I have to go in the deed? It’s my grandfathers property it’s not contested
answered on Aug 15, 2023
The answer to your question depends on the type of powers you were given by the Probate Court. If you haven't yet been through the probate process and the deceased person had a Will (not a trust), you won't be able to do anything with the property until you are issued Letters by the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2023
A Notice of Default (NOD) and Election to Sell Under Deed of Trust can become invalid or expire in California under various situations. If the borrower pays the overdue amount before the NOD's expiration, the foreclosure process is stopped. Loan modifications, bankruptcy filings, lender... View More
I received a judgement lien against a person (the loan I gave that person was not secured by property). That person owned a house at that moment when I received a judgement lien. Few months later that person passed away, and the house was foreclosed for $3,600,000 (non judicial foreclosure). Later... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2023
In California, judgment liens typically survive a non-judicial foreclosure, and they attach to the debtor's property regardless of any subsequent foreclosure. However, their priority depends on when they were recorded in relation to other liens. To enforce your lien, you may need to initiate a... View More
I disputed it but it remains on title report. It’s been 30 days and nothing has happened and I’m told I still owe something I know nothing about
answered on Jul 22, 2023
If the title company won't give you a copy of the Abstract of Judgement, you will have to go to the County Recorder's office and get a copy. If you look at it and still don't know what it is about, then you will have to review the case file at the courthouse. If it truly is some... View More
answered on Jul 19, 2023
There are not enough facts in your question to provide you with a specific response. But assuming the property is in California and the foreclosure is non-judicial (trustee sale), which is common in the state, you have the right of redemption before a foreclosure sale. Your right to redeem ends... View More
While living in a home that goes into foreclosure as a tenant with the home owner who also resides in the home we were given the “cash for keys” option. The owner had the parties residing here sign the agreement that when accepted gave the homes occupants (3in total) 15,000 dollars to aid in... View More
answered on Jul 12, 2023
It depends on the agreement that you signed, whether you are entitled to that money. I would think you are at least entitled to your statutory move out allowance of 30 day's rent if you were there more than 1 year. You should have contacted an attorney before signing any significant agreement,... View More
House is in preforclosure. For $5000. Called brother to ask for help paying(son was murdered 3/20/22, missed alot of workand trial starts in aug).instead he panicked and started probate. He says he signed a paper selling house app at 320,000 for $200.000. I've lost my son. My car,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 13, 2023
I am an attorney licensed in California, and I can provide some general information regarding your situation. It is important to consult with an attorney who specializes in probate law to address the specific details of your case. Generally, in the absence of court approval or a valid power of... View More
can ccp 712.010 be used only in unlawful detainer actions
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2023
CCP Section 712.010 primarily pertains to obtaining writs of possession in unlawful detainer actions. It may not specifically apply to obtaining a writ of sale in a judicial foreclosure action. Consult with a real estate attorney or foreclosure specialist for guidance tailored to your situation, as... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2023
Typically, a condo association has the right to initiate foreclosure proceedings if a homeowner fails to make assessment payments. However, the specific rules and procedures regarding foreclosure can vary based on your jurisdiction and the governing documents of your condo association. It's... View More
This hoa started off saying we had needed dry rot repairs and it has morphed into a full-on remodel of various projects here. I'm disabled and on fixed income and cannot pay and now in danger of lien/ foreclosure. They are demanding 54 thousand dollars now. In addition to 765.00 hoa we pay per... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 22, 2023
I'm sorry to hear about the difficult situation you're facing with your HOA. To address the unjust assessments and the potential for a lien or foreclosure, consider the following steps: Review your HOA documents to understand your rights. Communicate openly with your HOA, explaining your... View More
BOTW was purchased by BMO under the Department of Treasury. BOTW are stealing homes fraudulently over petty amounts and with little notice. I have evidence of criminal actions by BOTW. Neither bank is claiming liability for a potential RICO Case.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2023
I'm sorry to hear about the difficulties you're facing with foreclosure proceedings and alleged criminal actions by BOTW in California. Laws regarding foreclosures can vary by state, including in California. It's important to consult with a real estate attorney who is knowledgeable... View More
House was used for collateral when divorce agreement specifically said that person could not take out a loan using the house, he is also deceased now. Collectors threatening foreclosure
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2023
In California, if a person dies and they have a mortgage on their home, the mortgage company has the right to foreclose on the property if the mortgage is not paid. However, if the loan was taken out by someone other than the deceased person and the deceased person was not a co-signer on the loan,... View More
How can we postpone the sale date?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2023
If your home is in foreclosure and you have successfully obtained a refinancing option, but the closing date falls one week after the scheduled sale date, there are a few steps you can consider taking to potentially postpone the sale:
1. Contact the lender: Reach out to your lender... View More
I am the PR for my step dad’s long running Estate. The Estate holds a 20 year Note with Deed of Trust for small apartment and retail commercial property in CA. The previous PR (step dad’s older brother) allowed trustors to accumulate 20 delinquent payments over 19 years with only telephone... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2023
In California, if the Trustor of a Deed of Trust has fraudulently deposited a check noted "Last Note Payment" when they are delinquent on 20 payments, this may constitute a violation of the terms of the Deed of Trust and the Trustor's obligations under California law.
As the... View More
They already have a class auction lawsuit against them because they did not tell their customers about the cares act
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2023
If your mortgage company is refusing to work with you to bring your mortgage current and did not inform you about the CARES Act, you may have legal options to pursue.
Under the CARES Act, certain mortgage relief options were made available to homeowners affected by the COVID-19 pandemic,... View More
The home owner is telling me I have to leave and I need to know what my rights are as a tenant after the house sells at auction can I stay till my lease is up?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2023
As a tenant in California, you have certain rights when the property you are renting is being sold at auction. If the property is sold at auction, the new owner will become your landlord and will be responsible for upholding your rental agreement. However, if the new owner intends to live in the... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
