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California Foreclosure Questions & Answers
2 Answers | Asked in Landlord - Tenant, Tax Law, Foreclosure and Real Estate Law for California on
Q: Eviction process, rights & responsibilities of new owner after tax default sale Lassen County, CA.

What is the correct process and what documents/notices do I use in order to evict a former owner from property that I purchased in a tax default sale/auction located in Lassen County, CA? Also am I allowed to dispose of items left on the property as soon as I am notified as winner of... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 9, 2024

Thank you for asking the question!

For evicting a tenant, you need to go through the formal legal process of eviction. Self-help of the landlord is prohibited. You cannot throw away the tenant's property as soon as you win the property.

Also, there is a right of redemption...
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2 Answers | Asked in Landlord - Tenant, Tax Law, Foreclosure and Real Estate Law for California on
Q: Eviction process, rights & responsibilities of new owner after tax default sale Lassen County, CA.

What is the correct process and what documents/notices do I use in order to evict a former owner from property that I purchased in a tax default sale/auction located in Lassen County, CA? Also am I allowed to dispose of items left on the property as soon as I am notified as winner of... View More

James L. Arrasmith
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answered on May 9, 2024

In Lassen County, California, when you purchase a property through a tax default sale/auction, you become the new legal owner. However, you must follow the proper eviction process to remove the former owner from the property. Here's a general overview of the process:

1. Serve a 3-Day...
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2 Answers | Asked in Foreclosure for California on
Q: If I have a hard money lender and about to be foreclosed on is there any legal way or loop hole to get out of loan?

I got deceived by hard money lender and I need to be able to keep my home is there any ucc article 9 or security fraud that may relieve me of the hard money loan or two liens for home improvements from bad contractors

James L. Arrasmith
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answered on Apr 28, 2024

I understand that you are in a difficult situation with your hard money lender and contractors, and are looking for potential legal options to avoid foreclosure and keep your home. While I can provide some general information, please know that this is a complex legal matter and you should... View More

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2 Answers | Asked in Foreclosure for California on
Q: If I have a hard money lender and about to be foreclosed on is there any legal way or loop hole to get out of loan?

I got deceived by hard money lender and I need to be able to keep my home is there any ucc article 9 or security fraud that may relieve me of the hard money loan or two liens for home improvements from bad contractors

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 28, 2024

Thank you for asking the question!

1. Is the loan valid? The first step is to evaluate if the loan is invalid by lender's fraud, misrepresentation, discrimination, or failure to follow the required procedure at the time of loaning. Was the loan predatory? and so on ...

2. Loan...
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2 Answers | Asked in Foreclosure, Civil Litigation, Collections and Probate for California on
Q: My mom died 3+ years ago w no will or trust. There's a mortgage but husband hasent paid.

Husband hasn't paid the mortgage, and signed an interspousal trans deed. Still haven't started probate but now property is going to auction by the bank. Can my sister and I take over payments? We don't want to lose it

James L. Arrasmith
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answered on Apr 27, 2024

I'm sorry to hear about your situation. Under California law, if your mother passed away without a will or trust, her estate, including the property, would need to go through the probate process. Given that your mother's husband signed an interspousal transfer deed, it's likely that... View More

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2 Answers | Asked in Foreclosure, Civil Litigation, Collections and Probate for California on
Q: My mom died 3+ years ago w no will or trust. There's a mortgage but husband hasent paid.

Husband hasn't paid the mortgage, and signed an interspousal trans deed. Still haven't started probate but now property is going to auction by the bank. Can my sister and I take over payments? We don't want to lose it

Delaram Keshvarian
Delaram Keshvarian
answered on May 12, 2024

Thank you for your question!

The facts are very unclear to give you an answer:

Was the husband's (H) inter-spousal transfer before death or after the death of your mother?

Did the H's deed the property from your mother's name to himself or from himself to...
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2 Answers | Asked in Estate Planning, Foreclosure and Real Estate Law for California on
Q: Where can I find HUD approved language for a Living Trust to protect the lender and the HUD insured Reverse Mortgage?

Where can I find HUD approved language for a Living Trust to protect the lender and the HUD insured Reverse Mortgage? I believe this language is in a sample/template/boilerplate somewhere because the protection will be the virtually the same in every case. I would like to draft my Living Trust... View More

Julie King
Julie King
answered on Mar 29, 2024

Please allow me to address your comment that you want to draft your own trust. I regularly tell clients that there are several legal documents that a template would work for, assuming the template is based on the correct state's law. But estate planning is unfortunately not one of those areas... View More

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2 Answers | Asked in Estate Planning, Foreclosure and Real Estate Law for California on
Q: Where can I find HUD approved language for a Living Trust to protect the lender and the HUD insured Reverse Mortgage?

Where can I find HUD approved language for a Living Trust to protect the lender and the HUD insured Reverse Mortgage? I believe this language is in a sample/template/boilerplate somewhere because the protection will be the virtually the same in every case. I would like to draft my Living Trust... View More

James L. Arrasmith
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answered on Mar 29, 2024

Finding HUD approved language for incorporating into a Living Trust, especially to protect both the lender and the HUD insured Reverse Mortgage, can be a focused task. Generally, such language is detailed in HUD's guidelines or provided by legal resources familiar with real estate and elder... View More

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4 Answers | Asked in Bankruptcy and Foreclosure for California on
Q: Does only one person (husband or wife) have to file bankruptcy to stop Trust Deed Sale?

If our client wanted to stop a foreclosure on a property, and the note holders are husband and wife, do both husband and wife need to file bankruptcy to stop the Trust Deed Sale or can only one of them file?

Luis Manuel Paredes Jr
Luis Manuel Paredes Jr
answered on Mar 29, 2024

Either the husband or wife may file a bankruptcy petition to stop a deed of trust sale when husband and wife are both note holders for the mortgage, so long as the filing spouse qualifies for the bankruptcy protection through the automatic stay provided by the bankruptcy code under 11 U.S. Code §... View More

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4 Answers | Asked in Bankruptcy and Foreclosure for California on
Q: Does only one person (husband or wife) have to file bankruptcy to stop Trust Deed Sale?

If our client wanted to stop a foreclosure on a property, and the note holders are husband and wife, do both husband and wife need to file bankruptcy to stop the Trust Deed Sale or can only one of them file?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 27, 2024

The Bankruptcy Code provides an automatic stay against proceeding against the debtor/bankrupt and his property (very broadly defined by section 541 of the Code). And Chapter 13 provides a "codebtor stay", which would protect a non-filing spouse.

I'm in PA, and my practice...
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4 Answers | Asked in Bankruptcy and Foreclosure for California on
Q: Does only one person (husband or wife) have to file bankruptcy to stop Trust Deed Sale?

If our client wanted to stop a foreclosure on a property, and the note holders are husband and wife, do both husband and wife need to file bankruptcy to stop the Trust Deed Sale or can only one of them file?

James L. Arrasmith
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answered on Mar 27, 2024

In California, when facing a foreclosure signaled by a Trust Deed Sale, either spouse filing for bankruptcy can momentarily halt the sale due to the automatic stay provision. This provision immediately stops most creditors from proceeding with collection activities, including foreclosure. However,... View More

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1 Answer | Asked in Foreclosure for California on
Q: When a servicer fails to abide by the CA Homeowner's Bill of Rights, when must a wrongful foreclosure claim be filed?

The servicer failed to comply with the Bill of Rights, including serving the mortgagor with an NOD and providing the opportunity to bring the account current, based on the portion owed. The mortgagor's application was under consideration for a government relief program. The Trustee sold the... View More

James L. Arrasmith
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answered on Mar 22, 2024

In your situation, where the servicer failed to comply with California's Homeowner Bill of Rights, particularly regarding the Notice of Default (NOD) and the opportunity to cure the default, you may have grounds for legal recourse. The California Homeowner Bill of Rights requires that your... View More

Q: Can I sue my family if they were the one's responsible for the foreclosure and the medical debt, and the falsified doc.

The Power of Attorney they made me sign in another place they made me go, and it was Mexico, and they said it was for the ability to rent my house out, so I wouldn't lose it. And they used it to run their business, and they put ownership in their names, and in their trust, and they didn't... View More

James L. Arrasmith
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answered on Mar 21, 2024

Under California law, you may have grounds to sue if your family used a Power of Attorney to defraud you, resulting in foreclosure and medical debt due to their actions. Misuse of a Power of Attorney, especially to falsify documents or to alter property ownership without consent, is a serious... View More

2 Answers | Asked in Divorce, Foreclosure, Real Estate Law and Family Law for California on
Q: I own a home with my ex husband. The home is my primary residence. He is getting sued, can my home be taken from me?
James L. Arrasmith
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answered on Mar 20, 2024

Under California law, when one co-owner of a property is sued, the implications for the property largely depend on how the property is titled and the nature of the debt. If your home is held as "tenants in common," a creditor may attempt to place a lien on or force the sale of the... View More

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1 Answer | Asked in Foreclosure for California on
Q: I hear mental illness protects your home. Does it protect it from a quck foreclosure more than 10 years ago,
James L. Arrasmith
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answered on Mar 17, 2024

In California, having a mental illness does not automatically protect your home from foreclosure. However, if mental illness significantly impairs your ability to manage your finances or understand the foreclosure process, there may be legal protections and resources available. These protections... View More

1 Answer | Asked in Foreclosure and Landlord - Tenant for California on
Q: OK so Me and my boyfriend moved in a house about 6 months ago we were on a fixed lease we'll the house got foreclosed up
James L. Arrasmith
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answered on Mar 4, 2024

In California, if you're living in a rental property that gets foreclosed upon, the Protecting Tenants at Foreclosure Act provides you with certain rights. First and foremost, if you have a fixed-term lease, the new owner must honor the lease unless they plan to occupy the property as their... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Small Claims for California on
Q: How do you rid of a mechanical lein on your home?

My mom is about to get a mechanical lein placed on her home mid March. She hired a company to clean and insulate the attic valued at 7200.00. She did not sign a contract. I her son signed an agreement in good faith. So far they don't want to work with us. They want either two installments or... View More

James L. Arrasmith
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answered on Feb 28, 2024

Under California law, a mechanic's lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. If a mechanic's lien is placed on your mother's home, it's crucial to address it promptly to avoid... View More

1 Answer | Asked in Contracts, Foreclosure and Estate Planning for California on
Q: How do I get rid of a mechanical lein placed on a home owned by my mom's trust?

My mom needed work done in her attic. A company called Attic Project took on the work knowing very well we didn't have the money stating my mom can pay them back later. I her son signed an agreement. My mom owes them 7200.00 now they want to place a mechanical lein on her home by middle of... View More

James L. Arrasmith
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answered on Feb 28, 2024

Under California law, dealing with a mechanic's lien on a property requires prompt and careful action. If a lien has been placed on your mom's home due to unpaid debts for work done, the first step is to review the agreement you signed with Attic Project. It's important to understand... View More

3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

James L. Arrasmith
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answered on Feb 21, 2024

First, review the Notice of Trustee's Sale carefully to understand the timeline and process involved in the sale of the property. Determine the date of the sale and any deadlines for action.

Next, assess your options for recouping the loss of $20,000 in unpaid building materials....
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3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

Anthony M. Avery
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answered on Feb 15, 2024

You are probably junior to the foreclosing secured debt. You can bid at the sale to protect your interest. But a sale without a surplus means your lien against the land is extinguished although the debt against the individual is still existent. If there is a surplus, trustees are notorious... View More

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