My dad sold his gas station about a year ago (as it was in bankruptcy). He had to go through the court system to negotiate a deal with the buyer and was asked to pay a portion of the funds to lenders to pay off debt owed. He would still be left over with a good amount of money (close to $70k+). To... Read more »
Please contact the State Bar and file a complaint.
my dad died and my sister was named executer to his estate . We found he was behind on his mortgage and the house was going into foreclosure. my sister got a probate lawyer and hot the house approved for short sale. An auction date has been pushed back to september . i got served with a 60 eviction... Read more »
It sounds like you were renting month to month and the new owner of the house, your dad's estate, has served you will a 60-day notice to quit in order to prepare the house for sale. You must move within that 60 day period. If you do not move, they can get a local sheriff to bodily drag you out... Read more »
House note was paid in full years b4. But had $70k equity line from Wells Fargo. Monthly payment was $325/mo.Home in Koreatown valued at $1.7m sold in foreclosure like a year after owner death. It generated Surplus funds. Caretaker was taking things out of home while owner was alive and continued... Read more »
You can bring litigation against the caretaker for the wrongdoing of taking the decedent's property. A power of attorney terminates at death. The question is, will you collect any money from the caretaker?
After the owner died the caretaker stayed living in the house. Caretaker changed all locks and changed phone number. After the house got sold by bank the caretaker received money to move out and she took decendants personal belongings, valuables and all furniture with no accountability. Caretaker... Read more »
Few things happen automatically, without someone putting things in motion. Most likely, Wells Fargo did everything required of them by the law and the Trust Deed under which the home was sold. It is up to an heir, a friend, or even a creditor to open a probate if they have some interest is doing... Read more »
When you say he "lost the house" do you mean the bank foreclosed on him? If so then don't pay him. Wait for the bank to contact you most likely through a real estate agent. Unless someone bought the house through a foreclosure sale - then they should contact you. But if the owner/landlord still... Read more »
please take notice that an order to show cause re: dismissal has been scheduled 04/04/2019 department N18 north justice center..does that mean the detainer was dismissed or my answer.. case number: 30-2019-01043992-cl-ud-njc
No. That means that your hearing will happen on 4/4/2019. be ready to argue your case on that day. Do not be late. Best of luck.
Can this girl that now is stating that my brother is her father can she come in and take everything cars, accounts, 401k,etc. My brother's name is not on her birth certificate either
Sorry for your loss. If she really is his only child, she would inherit everything in his estate. If you or someone else are named as beneficiary on the accounts or 401K, those go to the named beneficiary.
Received a TRO on 7/5 against ex, giving full no contact, and no custody to ex. Judge upheld TRO however reversed custody ruling on 7/25, when ex requested case go to trial. Just got letter from courts in mail stating trial is moved from March to May, along with an Amended TRO, stating the new... Read more »
more info needed.
judges can change orders but usually, there is a hearing where arguments are presented. Was there one you did not know about?
you have posted this on a crim/accident site and suggest you ask this of family law attorneys.
you really should retain a lawyer... Read more »
We learned that the house was in contract phase with a new individual. Now the sale is final and that woman is demanding $ but refuses to turn water on which was part of our initial lease with the initial woman we rented from. What are our options ??
Assuming you have already sent her a letter telling her to turn the water and she has refused. Call the City inspectors and tell them to cite her for depriving you of water and sewage. Once the city inspects your house and cites her, talk to a Tenant lawyer to advise your further. Best of luck:
Contact a local bankruptcy attorney that is licensed to practice law in your state.
You have not given enough facts for me to answer the question. Assuming we are talking about a deed that has been properly recorded on real property, then the answer would probably be this: The grantor is the person granting another party the right to own an interest in the grantee's property.... Read more »
I think stole property thats mine by heir. Although I haven't seen what's written inside these documents, I notice ReContrust Co. is an affiliate & i learned theyre notorious for scamming foreclosures. I need these documents examined for fraudulence. This leads me to a recent public notice of... Read more »
Send me a copy of the loan docs and the notices. I had almost exact issue with BoA couple years ago. The bank was really slow to respond and we had to bring a lawsuit. It took a year to get rid of the loans.
.. We paid the property tax. They paid the property tax and received a refund from the Assessor, then added the tax amount to the balance of the rev. mort. loan.
3. When probate was opened, they spoke only to say "too late now, we have started foreclosure"
4. They realized they... Read more »
First thing to do is to negotiate with the lender to delay the foreclosure. As a last resort, you can file a TRO to stop the foreclosure. In the meantime, sell the house and pay them off. You need an attorney.
Says it will be taken upon oral examination and will be recorded stenographically and by Video.
Ok. the question is. If it wasn't video am I able to have the Depo. quashed.
I was extra nerves since I thought that I was going to have to do a video Depo.
I would think that if the depo went forward without the video, that would not make a difference. Sometimes the party demanding a deposition specifies different modes of recording the deposition, and then chooses to use other means. If the depo has already been taken, it is a moot point. If it is... Read more »
The mortgage is still attached to the dirt and needs to be paid to avoid foreclosure. You can communicate with the mortgage company if you remind them of a new (in 2017) law California Civil code 2920.7. It allows a successor in interest to communicate with the mortgage company. Possibly they will... Read more »
we have a buyer n started escrow but title company said that house is still n grandmas name n we need permission to sell it, can we do this without probate by just recording my mom owner or permission ? what or how do we do this ?
You would have to initiate a probate proceeding to have the authority to sell the home that is in the name of your deceased grandmother. Just recording a deed will not be sufficient.
If house goes into foreclosure do we need to still pay the attorney?
We already paid court and newspaper fees
Do we get that back?
If at all possible, you should make the monthly mortgage payments. The expenses of the probate matter are expenses of the estate. Once you have letters, you can negotiate with the lender for an extension of time to sell the house so it doesn't get sold in foreclosure. Your attorney fee agreement... Read more »
Grandfather wanted us to make 1,000 payments to him for 7 yrs or he passed whichever came first and then when he passed weed get that money back part of a trust plus the house now she's trying to foreclose on us and is now saying there is no trust is thid possible and does she have any rights
Dear North Hollywood:
This is a bit more complex than this simple forum is designed to resolve, and I recommend that you contact an attorney right away. But, here are a couple of items to get you ahead of the game and make your discussion with a lawyer more productive.
1) Your... Read more »
When BK was discharged. We did not stay in the home but let relatives stay in the home for upkeep of the property. I was Active Duty military and under SCRA protection, the bank never foreclosed on the property. Recently, I left Active Duty and the bank has moved forward with foreclosure. NOD... Read more »
You should seriously consider a short sale but you have to move FAST. I have done 100's of short sales at no cost to the homeowner so I have a lot of experience in such matters. I am real estate broker and attorney with bankruptcy experience. As for DIL - they can be difficult in California and... Read more »
Two houses in a blanket loan both in foreclosure and both filed in bankruptcy. They were in all in We were going to sell one property to a tenant and live in the other. The owner died without a will
I'm sorry, but I'm confused by the facts of what has happened. If you are an heir to the decedent's estate, then you can file a probate petition to settle the estate and possibly distribute the house to you. Contact a probate attorney in your area for a full consultation.
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.
