1) If I buy a property which is in Tax Deed, and I become the Owner. What happens if they have leased the property to someone for many years? And that lease is not recorded in the County Office officially. Is that still valid and I have to respect that as new Owner?
2) If the same is true... Read more »
answered on Mar 24, 2023
If you purchase a property through a tax auction and become the owner, any existing lease agreements that were not recorded in the county office may still be valid. You will need to review the terms of the lease agreement and determine whether the tenants have a legal right to continue living on... Read more »
manifest injustice is created by Bankruptcy Court's dismissal . 15 people of the unsecured class and their $480,000 owed is completely wiped out. they appeal to the District Court in an emergency stay petition. denied by District Court. they appeal to 9thcircuit from which an order is issued... Read more »
answered on Mar 9, 2023
Summary affirmation is an abbreviated form of appeal that is used when the appellate court determines that there are no genuine issues of material fact and that the law supports the lower court's decision. It is typically used when the appeal is frivolous, when the lower court decision is... Read more »
That they can't collect any extra fees and instead have to take balance back to orig amount due
answered on Feb 23, 2023
It is generally not true that a California residential mortgage lender cannot collect any extra fees and must take the balance back to the original amount due if no payments have been made for over 10 years. The specific terms of a mortgage loan are set out in the loan agreement, and they may... Read more »
answered on Feb 20, 2023
It's not entirely clear what you mean by "vivid relief." However, if your deceased mother's home is in foreclosure, you may have some legal options to try to prevent the foreclosure or delay the sale of the property.
One option would be to work with the mortgage company... Read more »
Contracting data are signed and dated. Some residents have tenants others vacant. Ownership information access via online.
answered on Feb 20, 2023
If you or an ancestor or family member owns a property outright but does not have access to it, you may want to contact a real estate attorney to help you understand your legal rights and options.
In general, there are several reasons why someone may not have access to a property that they... Read more »
The trustor is the administrator of the estates. The property is in unincorporated Los Angeles County (RSO just cause)
The lessee is the administrator
Which notice would be required 3/60/90 ??
The property is also on Agricultural land (1161(2))
answered on Feb 19, 2023
Section 1161a of the California Code of Civil Procedure relates to the unlawful detainer of a property by the trustor, or a person who holds the legal title to a property in a trust. This section allows for the trustee or beneficiary of the trust to bring an unlawful detainer action against the... Read more »
My brother purchased his home in 2002. He filed ch 7 bankruptcy; all debts discharged 7/8/11. On 12/14/09 he executed a Quitclaim Deed and made me a Joint Tenant with him on his house. I did NOT sign a reaffirmation agreement on his mortgage loan.
answered on Jan 19, 2023
I assume the loan only had his name and was made prior to the bankruptcy. We would need to know how it was treated in the bankruptcy--even with a discharge, he may have re-affirmed the debt making his estate liable. Regardless, your title is subject to the lien--liens are not automatically... Read more »
The city has allowed warehouses to box my house in on all four sides and for the past few years, it has been a living hell with warehouse owners, construction workers, and big rig drivers, noise, etc. My children can no longer be outside to play. I tried Personal Injury attorneys, but they said... Read more »
answered on Jan 17, 2023
This is a question for real estate and zoning attorneys. Good luck.
No will, trust, or probate. Title held in both parents names. Both deceased. Last one on 9/20/22. Email from HUD services states we need to leave and they may lock us out at any time. Need time to empty the home. Home is not worth the mortgage balance. Ok with foreclosure as long as we have some... Read more »
answered on Nov 16, 2022
yOU WILL DO YOURSELF A BIG FAVOR BY SEEING AN ATTORNEY IMMEDIATELY with (sorry about the caps) all the relevant papers. Frankly, it sounds like there have already been foreclosure and eviction proceedings.
Who is responsible for enforcing CCC 2924m? CA Civil Code
answered on Sep 25, 2022
Speak with a real property lawyer in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
we did to know how to fill and appial and sueing the bank
answered on Sep 24, 2022
I highly advise that you speak to a qualified attorney as soon as possible to preserve your rights.
The mortgage has not been paid since he passed. And the tenants just received a foreclosure notice. The property needs more work than it’s worth but I spent so many summer days there and it has great sentimental value of the property. How can I stop it from being foreclosed on and not have my... Read more »
answered on Jul 26, 2022
You need to consult with a probate attorney. Because there was no will, the laws of intestate apply (ie property goes to grandpas kids, then grandkids, etc). Talk with a probate attorney if there is anything that can be done if grandpas kids won’t sign away their interest.
answered on May 4, 2022
This is quite a broad question to answer. If you have specifics, it would be easier to identify if the loan may be void or voidable.
There are several ways to challenge the validity of a loan. If there are missing terms, such as the number of years to pay or the interest rate the lender... Read more »
I had a loan mod approved bank called me back to remove ex husbands name said i would get updated package never got callwd and emailed dozens of x never told buy 1 person in bank my house was in foreclosure they finally said they found my modification and would fedex it out they did but then i... Read more »
answered on Dec 20, 2021
you need a full detailed consultation with an attorney that has experience in mortgage litigation. there are too many facts missing and the attorney would need a timeline and all documents you have.
The mortgage was in my ex brother in law's name. Before he passed away he deeded the house to me. Would I qualify as a eligible bidder or eligible tent buyer?
answered on Dec 13, 2021
no. if you are on title to the property, you would not be able to bid at auction. the post is a little confusing because you say the "house was auctioned off" which implies it was already foreclosed upon so it's not clear how you would be able to bid on anything at this point.... Read more »
In a UD action, at a hearing of which I appeared in pro per, my friend came with me, for support, and for me to have a witness, but was denied access by the Bailiff, denying me the chance to verify claims now before the court. b4 entering ct. rm counsel put me in a moral quagmire, weighing my... Read more »
answered on Dec 2, 2021
You need to discuss all these issues with a lawyer. This question and answer format does not give us the opportunity to review all your evidence, or lack thereof, and then give you clear advice on what you might do.
Furthermore, there is insufficient information about what the result of the... Read more »
i hadnt paid for sometime based on the fact that HOA was harassing my mother who lived at the property
and refused to take care of the property and would skip her house because of one of the board members
not liking her
answered on Oct 19, 2021
HOA is within their right to foreclose. The only way to avoid foreclosure is to bring the account current all at once or file a chapter 13 bankruptcy to enter a payment plan to catch up. You will need to have a consultation with an attorney. (Note: withholding HOA payment is not the proper... Read more »
We’re trying to avoid foreclosure (auction in >1 week) on our 1st mortgage (30 yr, taken out in 2002, and 40+ months behind on payments). My bk hearing is coming up in a few days for a Chapter 13 BK, and the repayment plan is huge. I was hoping to strip off my husband’s second mortgage... Read more »
answered on Oct 11, 2021
Yes they can still foreclose. There is no such statute of limitations on secured debt. Talk to your chapter 13 attorney as to your options. If you cannot remove the lien in the chapter 13, you may have to pay to keep the home, or you may have to consider selling the house.
answered on Aug 26, 2021
I think there are initially two issues. What makes you feel this loan is illegal? And, exactly what did you say on the loan application?
Hard money loans are not automatically illegal but normally are made to persons who own a business and are intended for business purposes instead of... Read more »
I bought my home back in 2004, with 2 loans (20% & 80%)… 2010 I made a loan modification to combine both loans. I started paying one single payment. In may 2021 I got a default notification and my home has been foreclosed now because the loan modification was made on only one of the 2 loans... Read more »
answered on Jul 30, 2021
the loan is secured on the property which means they can foreclose at any time, even 10 years later. to avoid foreclosure, you are going to need to pay the balance due in a lump sum, negotiate the payments due, or file a chapter 13 bankruptcy and do a payment plan to catch up to avoid foreclosure.
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