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it as his own in tax papers. My son married in 2015 and we refinanced the loan in 2021, at which time his wife's name got added to the title. Now, he is undergoing divorce and his wife claims the property is tranmuted. Is this possible the property got transmuted during refinance? Can he... View More 
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answered on Oct 12, 2024
When you refinanced the property in 2021 and added your son’s wife to the title, the primary intent was to meet the lender’s requirements. Typically, adding a spouse to the title for refinancing purposes doesn’t automatically change the ownership structure beyond what was initially intended.... View More
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answered on Oct 10, 2024
Based on the information available up to October 2023, there is no record of a case titled Kahn v. D'Arcy with the citation 2019 WL 2327134 from the California Court of Appeals. Legal databases and official court records do not list this case, which suggests it might not exist or the citation... View More
I have an attorney but my attorney keep dropping the ball she's not experienced enough I have all the evidences and I'm 100% sure I can win the case but I just need someone experienced
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answered on Oct 9, 2024
I'm sorry to hear you're facing challenges with your current attorney. It's important to have someone who is experienced and attentive to your case, especially with something as significant as a mold-related real estate issue.
Consider seeking a second opinion from another... View More
I've resided here since 2016.
answered on Oct 9, 2024
1. Stay calm.
2. Contact tenant's rights attorneys in your county.
3. Provide clear and specific information, such as what kind of 30 day notice is it, and what does it direct you to do.
4. Follow the advice you get.
That should at least get you started.
current lease expires 11/29/24, new lease starts 11/30/24. Can I provide written notice to leave 30 days in advance per the current lease and not be obligated under the new one that has not begun yet
answered on Oct 9, 2024
If I understand the question correctly, your new lease begins the following day after the expiration of your existing lease. You may have changed your mind after signing the new lease, with the same landlord at the same property. You want to know if you can avoid the commencement of the new lease... View More
Article II: The Board of Directors is prohibited from accepting any commission or profit related to expenditures for the homeowners association. When recommending services, board members must disclose any financial benefits they may receive. This article emphasizes the need for transparency to... View More
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answered on Oct 6, 2024
This situation likely raises concerns under Article II. The provision clearly prohibits board members from receiving financial benefits related to the association's expenditures. Even if other board members are aware of the relationship, the fact that the board member is pushing for a contract... View More
I was living there on the abandoned property, I returned to the property one day to being locked out my dog was tJen to the pound , and now the lady has kept me from my things. Since we have been locked out other ppl have broken in to the place and stolen my only vehicle, and stole or damaged all... View More
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answered on Oct 5, 2024
I'm really sorry you're going through this. In California, property owners do have the right to remove someone who doesn't have permission to stay, but they must follow specific legal steps. If you were living there for a significant time, there might be laws that protect you from... View More
In 2020, we bought a house that was "flipped". There have since been so many issues with the house due to faulty construction/build. For example, the new windows leak and the deck is leaking. Is it possible to reach back to the house flipper to have him pay for repairs due to faulty... View More
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answered on Oct 3, 2024
In California, house flippers can be held liable for repairs if they failed to disclose known defects or if they conducted negligent or faulty construction work. If the defects, such as the leaky windows and deck, are due to poor workmanship or concealed issues that were not disclosed at the time... View More
The sibling has been difficult. Has changed things, like the locks, without consent. They have thrown things away that belonged to our parent. They have someone living there without my consent. They have no claim to it. They have done very minor up keep and repairs, but, again, without consent or... View More
answered on Oct 2, 2024
If you solely inherited a house and a sibling is living there without a lease or your consent, you can legally remove them through the following steps:
Notice to Quit: Issue a written notice requesting them to vacate the property. California law generally requires 30 days’ notice, but it... View More
They recently passed away, but never paid their portion of the taxes. What can I do to obtain 100% ownership of the land or get the lot split
answered on Oct 2, 2024
Without buying out the other owner's share, you would need to file a partition to split the property between yourself and the other owner's estate. You can also file a claim for contribution against the estate or include the claim for contribution in the partition to have half of the... View More
We got a second mortgage from Specialized Loan Servicing (SLS) in 11/2006. Now our house is in pre-foreclosure by a company called Real Time Resolutions (RTR).
In 2011, my wife and I filed bankruptcy (Ch 7). After our bankruptcy, we thought that debt was discharged. We never received any... View More
answered on Sep 30, 2024
You are not alone. Real Time Resolutions is currently holding many very old loans that are severely delinquent and is putting many unsuspecting homeowners into foreclosure.
Whenever there is a pending foreclosure, you have many options. You can request a loan modification, refinance the... View More
There is an OSC set for 10/28/2024 and today on 9/30/24 they file another demurrer on the 1st amended complaint. Can they do that since it is 30 days after 7/19/24? Arent they too late? or did the OSC date of 10/28/2024 extend the answer due date? The OSC is to hear why there should not be a... View More
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answered on Sep 30, 2024
It appears that the defendant has missed the 30-day deadline to respond to the First Amended Complaint, which was filed on 7/19/2024. Normally, a defendant has 30 days to file a response, such as an answer or a demurrer. Since they filed the demurrer on 9/30/2024, more than 30 days after the... View More
The neighbors cut my locks and relocked the gate that I used to gain entry. I had documented the adverse possession sign that I posted before then and I documented the conditions of the property. The house has been abandoned over 20 years and the neighbors dont believe I have the right to be there.... View More
answered on Oct 1, 2024
Since the previous owner is deceased, you will need to sue the estate of the decedent for adverse possession. Hence, the first step should be to petition the probate court to appoint an administrator of the decedent's estate. Once an administrator is appointed, you can then proceed with an... View More
Can you be a part of someone's will and not know about it. How can you find out? I'm being evicted with an "at will tenancy" notice. Been living here for 9 yrs with my friend who owns.
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answered on Sep 28, 2024
Yes, you can be a part of someone's will without knowing it. A person isn't required to inform you that you're named in their will. To find out if you're included, you would typically need to wait until the will is executed, which happens after the person’s death when the will... View More
I was approved for the child family exclusion but not sure if I need to complete other forms. And what I need to do to keep my mother's home protected. Also, if there are more forms is there somewhere I can go to get assistance completing the forms
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answered on Sep 26, 2024
If you've been approved for the family child exclusion, that's a great first step. Typically, after approval, you won’t need additional forms unless the property changes in some way, such as a sale or transfer. To ensure your mother’s home remains protected under the exclusion,... View More
Do i have to pay taxes on the this distribution if I am paying the debts of the estate? Since I am not using this distribution for myself and only to pay the debts of the estate to avoid a foreclosure of a second home in the estate how do i protect myself from taxes
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answered on Sep 26, 2024
When you receive a distribution from an estate, it may be subject to taxes depending on the type of distribution and your overall tax situation. The fact that you're using the distribution to pay estate debts doesn’t automatically exempt you from taxes on the distribution itself. The IRS... View More
We are in litigation with the neighbor next door. My lawyers hate me, I think they have issues with strong, smart women, so they have left me off all communications and have referred to me as "resides with the Plaintiff." The house is in a trust and we are both trustees. Don't I... View More
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answered on Sep 26, 2024
In a trust where both of you are co-trustees, you both generally have equal authority and responsibility in managing trust assets. This includes legal matters related to the property held in the trust, such as disputes over property lines. It’s important that both trustees are kept informed and... View More
My ex wife has since remarried and has refinanced the property several times, but has yet to compensate my 40% stake my way. The fact that she has remarried and refinanced, does that mean that she should have paid me my stake off ? My name is not on the deed of the house anymore.
For... View More
answered on Sep 26, 2024
The language in the divorce decree controls when your ex wife has to pay you for your interest in the property. Even though your name is no longer on the deed, your divorce agreement entitles you to a 40% stake in the property if that is the language contained in the agreement. The fact that your... View More
This property was transferred to me by my father June 21, 2017. My father passed November 15, 2017. I recorded the document in March 2024, these two other individuals are claiming to be my sister. DNA proves that they are not, then filed an 850 petition to bring the property over to probate
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answered on Sep 26, 2024
The 850 Heggstad petition allows a court to determine whether certain assets are part of a trust, even if they weren’t properly transferred into the trust before the owner passed away. However, in your case, it seems the property was transferred to you by your father before his death. The fact... View More
If I do nothing and do not pay the fee to remove my vehicle from this lot, can the towing company place a lien on my property?
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answered on Sep 25, 2024
No, a towing company cannot directly place a lien on your home. If you don’t pay the fee for your vehicle, the company has the right to keep your car until payment is made or potentially sell it to recover their costs, but this action doesn't extend to your other property like your home.... View More
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