California Foreclosure Questions & Answers

Q: My brother just died & I'm his only family his never been married & no kids we thought . He has no will.ill continue Q

3 Answers | Asked in Estate Planning, Foreclosure and Probate for California on
Answered on Feb 7, 2019
Gerald Barry Dorfman's answer
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.

Q: Can a judge change his previously amended Temporary Restraining Order?

1 Answer | Asked in Foreclosure, Child Custody and Domestic Violence for California on
Answered on Dec 17, 2018
Dale S. Gribow's answer
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 who can discover all the info and not just bits and pieces.

Q: My family rented a home from who we thought was the owner but she lost house in foreclosure

2 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for California on
Answered on Dec 14, 2018
Manuel Alzamora Juarez's answer
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:

Q: Any help for chapter 13

1 Answer | Asked in Bankruptcy and Foreclosure for California on
Answered on Dec 10, 2018
Aaron Michael Lloyd's answer
Contact a local bankruptcy attorney that is licensed to practice law in your state.

Q: whats it mean if the grantor is missing from a document?

1 Answer | Asked in Consumer Law, Estate Planning, Foreclosure and Real Estate Law for California on
Answered on Aug 25, 2018
Thomas A. Grossman's answer
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. The grantor would have to sign the deed, and have it notarized by a Notary Public in the County where the property is located, for it to be valid. If the grantor's name is nowhere on the deed, then it...

Q: Grantor 1)RUFFIN, AUSTIN2)RUFFIN, PARIS M W3)WILLIAMS, PARIS MGrantee BANK OF AMER normal or i have a case?

1 Answer | Asked in Identity Theft, Bankruptcy, Foreclosure and Probate for California on
Answered on Aug 4, 2018
Bahram Madaen's answer
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.

Q: Reverse mortgage company problems. 1. We are in probate 2. They would not speak to the heirs until probate was opened

1 Answer | Asked in Civil Litigation, Probate, Foreclosure and Real Estate Law for California on
Answered on Jul 26, 2018
Richard Samuel Price's answer
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.

Q: If a Notice of Deposition of Plaintiff, Wrongful Foreclosure case

1 Answer | Asked in Foreclosure, Contracts and Real Estate Law for California on
Answered on Jul 16, 2018
Thomas A. Grossman's answer
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 coming up, then you probably must go forward with it.

Q: What happens to a mortgage when the joint tenant(mother) passes away and the surviving joint tenant is her son?

2 Answers | Asked in Foreclosure, Real Estate Law and Probate for California on
Answered on Jun 13, 2018
John B. Palley's answer
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 let you assume the mortgage!? Or possibly you can keep on paying it. In my experience it is rare that a mortgage company calls a mortgage as due and payable but I suppose that's theoretically...

Q: my grandmother past away n my step dad was the first heir he died before my grandma my mom is the legal heir the house

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for California on
Answered on May 11, 2018
Richard Samuel Price's answer
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.

Q: I have my father's house trying to sell but the probate attorney is taking his time

1 Answer | Asked in Foreclosure and Probate for California on
Answered on Apr 7, 2018
Richard Samuel Price's answer
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 will determine if you still have to pay the attorney if the house is foreclosed.

Q: Grandfather bought us a home before he passed as part of our inheritance now stepgrandma is trying to forclose can she ?

1 Answer | Asked in Foreclosure and Probate for California on
Answered on Jan 17, 2018
Bruce Adrian Last's answer
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 grandmother claims that there is no trust, but your grandfather told you there was. It is possible that there is no trust, or that your grandmother is hiding the trust. One way you can see if there was a...

Q: CH 7 BK 11/2010. Did not reaffirm my mortgage. BK accounts off CR. Can lender still report foreclosure?

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for California on
Answered on Jan 3, 2018
Theodore Allan Greene's answer
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 still have the same negative effects as a foreclosure. Technically your BK should make any debt forgiveness tax issues go away but you have to stay on top of the banks because they screw up all the...

Q: Can a surviving child give power of attorney over a property to a non family member

1 Answer | Asked in Bankruptcy, Foreclosure, Probate and Real Estate Law for California on
Answered on Nov 23, 2017
Richard Samuel Price's answer
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.

Q: I live in California and I am in Chapter 13 bankruptcy. There is a foreclosure sale date of 12/19/17 on my house.

2 Answers | Asked in Bankruptcy and Foreclosure for California on
Answered on Nov 14, 2017
Leon Bayer's answer
I wish I could help you, but it's not possible to offer guidance on something so specific unless a lawyer can see all the relevant paperwork. You should consult your own lawyer immediately, and if you don't have a lawyer I think you better get one or else you won't know what your rights are.

Q: Can an HOA sue for dues on a time share property that was foreclosed upon 9 years ago through a chapter 7 bankruptcy?

2 Answers | Asked in Bankruptcy, Contracts, Foreclosure and Real Estate Law for California on
Answered on Aug 14, 2017
Harlene Miller's answer
As a bankruptcy attorney, I can address one issue: So long as your husband remained on title, he was responsible for paying the HOA fees even after the conclusion of this bankruptcy case. If a foreclosure actually took place, but new title was never recorded, he would have remained as the title owner and still responsible for the HOA fees. Or it is possible that a foreclosure sale never actually occurred. I suggest you seek further advice from a real estate attorney.

Q: Can a HOA file foreclosure without notifying the homeowner?

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Answered on Jul 25, 2017
Ali Shahrestani, Esq.'s answer
What is their basis for doing so? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....

Q: Complicated pobate situation.

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for California on
Answered on Jul 10, 2017
Gerald Barry Dorfman's answer
Your question may be confusing differing probate procedures for sales. If the administrator has the right authority, and the sale does not go through, you may be able to recover damages from the estate. You need a consultation with a probate/real estate attorney.

Q: San Diego, CA, HUD Reverse Mortgage foreclosed at auction.

1 Answer | Asked in Estate Planning, Foreclosure and Probate for California on
Answered on Jun 23, 2017
Bruce Adrian Last's answer
San Antonio, TX:

I am a bit confused about the status of the heirs. You state that you are the sole heir, but have three siblings.

The form you want is called an "affidavit for collection of personal property." There are many examples online if you search for the form name.

However, I advise you to consult with an attorney before you submit the form due to your statement that you are the sole heir but have three siblings. If you do not know where to find an attorney, I...

Q: i'm a renter in Los Angeles the property is going into foreclosure but the owner is doing a short sale what r my rights

1 Answer | Asked in Foreclosure, Real Estate Law, Banking and Landlord - Tenant for California on
Answered on Jun 10, 2017
Ali Shahrestani, Esq.'s answer
Here are some useful links for you:

CA Tenant Rights: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

CA Evictions: http://www.dca.ca.gov/publications/landlordbook/evictions.shtml

Security Deposit issues: http://www.courts.ca.gov/1049.htm

Repairs and Maintenance: http://www.dca.ca.gov/publications/landlordbook/repairs.shtml

Habitability Complaints: http://www.dca.ca.gov/publications/legal_guides/lt-8.shtml

Co-Tenant/ Roommate...

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