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What is the new owner rights? Previous owner died and the property is under a trust. But the mortgage defaulted in the last month's of last year. Worst case scenario on our part?
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answered on Apr 30, 2024
Under California law, when you purchase a property through an auction, you are generally buying the property "as is," which means that you are accepting the property in its current condition, including any existing tenancies. However, the specific rights and obligations of the new owner... View More 
I have copy of Will, I am primary executor and sister is co-executor. We want to avoid probate split rent, property taxes, and transfer property deed in our names.
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answered on Apr 30, 2024
I'm sorry for your loss. Transferring property ownership after a parent's death can be a complex process, but here are some steps you can take:
1. Review the will: Carefully read the will to understand your father's wishes regarding the NJ property. If the will clearly... View More
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answered on Apr 28, 2024
I'm so sorry to hear about your situation. It sounds like a truly awful experience and I can only imagine how difficult and stressful this must be for you.
Based on what you've described, it seems the attorney may have committed legal malpractice and/or fraud by taking the... View More
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answered on Apr 23, 2024
In California, it is uncommon for traditional fixed-rate or adjustable-rate mortgages to have a balloon payment requirement. However, there are a few scenarios where a balloon payment might be required:
1. If you have a non-traditional mortgage, such as an interest-only loan or a short-term... View More
Do the children of the ones who passed have legal rights to the house?
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answered on Apr 22, 2024
Under California law, the rights of the deceased children's heirs (including their own children) to the grandmother's house depend on several factors:
1. Whether the grandmother left a will: If the grandmother had a valid will that specified how her estate should be distributed,... View More
My husband and I suspected we had mole and asked that an analysis be conducted by the insurance company. The analysis was done, but we thought it would include air quality testing, but it didn't. We received the findings and were told that the mole would be caused by an increase in rain within... View More
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answered on Apr 21, 2024
I understand your concern and frustration with this situation. It seems that there may be a few issues at play here:
1. In California, an insurance company can generally cancel a homeowner's policy for various reasons, including if they determine that the risk of insuring the property... View More
In the docs, she's mentioned as co-trustee and is at least be given $50k while her brother has purchased a yacht, Corvette and has taken funds to establish a new trust called the MORGAN LONG FAMILY TRUST! The trust amount is over $10mm
answered on Apr 22, 2024
It sounds like your friend's situation is quite complex. If your friend was previously deemed incapacitated but is now able to inherit from a trust, it suggests that there have been significant legal and perhaps medical changes in her circumstances.
It's good to hear that... View More
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answered on Apr 18, 2024
Under California law, if a house title is held in a trust, the trust itself is considered the legal owner of the property. The trustee, who is responsible for managing the trust assets, has the authority to make decisions regarding the property, including paying the mortgage.
In this... View More
My family owns mineral rights to a parcel of land we sold (the land itself was sold but the mineral rights were kept.) The outstanding 75% is seemingly untraceable, nobody seems to know where it is, and other family members are being vague and unhelpful for reasons unbeknownst. I've often read... View More
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answered on Apr 18, 2024
In most jurisdictions, it is not possible to simply claim the outstanding 75% of mineral rights just because the other owners are untraceable or unresponsive. However, there are a few potential options you can explore:
1. Quiet Title Action: You may be able to file a "quiet title"... View More
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
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answered on Apr 17, 2024
This is a complex legal and ethical issue that depends on the specific laws and circumstances in the jurisdiction where the property is located. In general, in the United States:
- The new property owner has the legal right to remove trespassers from their private property. Purchasing the... View More
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
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answered on Apr 17, 2024
In California, tree owners have certain responsibilities when it comes to damage caused by their trees, including root damage to neighboring properties. However, the specific circumstances of each case determine the legal outcome.
Here are a few key points to consider:
1. Reasonable... View More
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.
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... View More
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answered on Apr 16, 2024
From a legal standpoint, whether the rent increase is allowed depends on a few factors:
1. Type of lease agreement: If you have a fixed-term lease, the landlord generally cannot raise the rent during the lease term unless the lease agreement specifically allows for rent increases. If you... View More
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
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answered on Apr 13, 2024
Based on the information you've provided, it seems that you may have grounds for legal action against your HOA. In California, the Davis-Stirling Act governs how HOAs must operate and outlines the rights and responsibilities of homeowners and board members.
According to the... View More
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
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answered on Apr 13, 2024
Based on the information provided, it seems that you may have a potential case for defamation against the HOA board member who called you a "nut job" during an open meeting. In California, defamation is defined as a false statement that is communicated to others and causes harm to... View More
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
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answered on Apr 13, 2024
Based on the information you've provided, it seems that you may have grounds for a legal claim against the HOA and the manager for their failure to address a safety concern that you brought to their attention, which ultimately resulted in your injury. Here are a few key points to consider:... View More
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
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answered on Apr 12, 2024
In California, the legality of placing a chain across a shared driveway depends on several factors, including any existing easements, the specific agreement between the property owners, and local ordinances.
1. Easements: If there is an easement agreement in place that grants both property... View More
My father passed away in Sept 2000. Him and my mother owned the house as Joint Tenants. My mother did not go to the Registrar Recorder to have the house put in her name only. She passed away in Nov 2013. I am now probating her estate, which only includes the house. What do I need to file to get... View More
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answered on Apr 11, 2024
To transfer the house to the names of the 5 heirs in California, given the circumstances you described, you'll need to follow these steps:
1. File an Affidavit of Death of Joint Tenant: This document is used to remove your father's name from the title, as he passed away first.... View More
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.
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answered on Apr 11, 2024
I'm sorry to hear about your difficult situation. Here are a few key points and suggestions based on California law:
1. Title transfer: If the property was inherited and never properly transferred into your and your sister's names, the estate executor should have initiated a... View More
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
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answered on Apr 11, 2024
Under California law, if you sold your home to your father-in-law and the transaction was completed through escrow, you may have some legal recourse depending on the specific circumstances of your case. Here are a few things to consider:
1. Contract: If you had a written contract outlining... View More
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