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California Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure for California on
Q: the property has not been sold as of yet due to covid -19. However I have been told by a property rental agent that

it will be sold possibility within the next month or two. My question is, should I pay until it forecloses or give my notice to move.

Maurice Mandel II
Maurice Mandel II answered on Jul 16, 2020

If you are not comfortable with the situation, give notice, and move. 30 days is pretty standard. Tell LL to take last month out of the security deposit. Ask for a Pre-move out inspection by LL to go over what repairs he believes are needed. BTW- you are absolutely entitled to have the LL give... Read more »

1 Answer | Asked in Foreclosure for California on
Q: the landlord has not made payments for 8 months, so the house is in pre foreclosure status. The property was due to be

sold on 6/18/20. I the renter is still paying rent. Do I have to continue to pay rent?

Maurice Mandel II
Maurice Mandel II answered on Jul 16, 2020

Under normal circumstances your payment of rent is not dependent on the Owner paying the mortgage, which is unfortunate because if the LL does not pay the mtg. the house is foreclosed and you are evicted by the bank. I have never heard of a bank letting a renter stay and pay the rent to the bank,... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: house is in foreclosure, not interested in saving, releasing solar, how can I get out of the lease.

I’m in San Bernardino county

Kenneth H Flood
Kenneth H Flood answered on Jul 6, 2020

declare bankruptcy

2 Answers | Asked in Consumer Law, Foreclosure and Real Estate Law for California on
Q: How to pay mortgage if the payment is denied.

PHH mortgage returned my reinstatement payment even though it was made on time. I followed their direction and got in touch with the attorney they had to handle a foreclosure. The Letter from the attorney had a precise and clear instructions that i followed every steps of the way. I wire-transfer... Read more »

John T. Kontrabecki
John T. Kontrabecki answered on Apr 3, 2020

The good news is, because of the pandemic, the court system is shut down and it is unlikely a foreclosure will occur in the immediate future. However, this does not solve your problem. I suggest you write the attorney who has been handling this matter and explain the situation clearly as you have... Read more »

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1 Answer | Asked in Foreclosure, Contracts, Real Estate Law and Construction Law for California on
Q: GC filing small claims 4 nonPmt of $10K. Defense argues improper HI contract. How do I find case law that backs me?

2 bathrooms 95% complete (punchlist, barn doors and faucets left). Materials were not in yet (this was the 2nd or 3rd time we were waiting on her), but temps were installed. Left job for 2 weeks due to previously scheduled out-of-town job. Client fired us and refuses to pay for the 2nd bathroom or... Read more »

Donald M Barker
Donald M Barker answered on Mar 10, 2020

"Substantial Performance" is the term you seek: "I ordered 100 flowers and you only brought me 95. I am not paying you." If a party "Substantially Performs" terms of contract, then payment is due, but payment may be prorated fairly.

Here's a link to the...
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1 Answer | Asked in Civil Litigation, Collections, Foreclosure and Real Estate Law for California on
Q: I acquired a California home by Sheriff Sale (collecting on a money judgment). The judgment stated "Said judgment...

shall have priority over any interest affecting title to the specific real property located in San Bernardino County, California, recorded after March 17, 2005 and is described as follows..."

There were other liens on the property from March 17, 2005 to the date of the Sheriff Sale Jan... Read more »

Louis George Fazzi
Louis George Fazzi answered on Mar 5, 2020

Your question shows why it is necessary to retain the services of a good lawyer. The practice of law requires a lawyer to examine the language of the statutes, and those related to the one in issue, and determine what your rights may be. This is the essence of the practice of law. I seriously doubt... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Foreclosure for California on
Q: can the trustee convey property into my irrevocable special needs trust with a lean without my consent or knowledge.

If they convey the property with the 1st mortgage then stop paying so that lender calls loan due on sale to pay lender off and trustee:/seller agent

James Edward Berge
James Edward Berge answered on Jan 27, 2020

Assuming the trust agreement authorizes the trustee to accept property from any source, whether encumbered or not, beneficiary or trustor approval is not required.

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for California on
Q: Can my roommate sue me if I pack up and leave and refuse to pay rent?

My roommate for the past 3.5 months has been harassing me, and refuses to release me from the lease. She stands outside my room when I am home, pushes my door open, enters my room without permission when I am away ( I have footage), tells me I can no longer use her furniture (couch, table, trash... Read more »

William Earl Winfield
William Earl Winfield answered on Oct 29, 2019

Yes, your roommate (co-signer on the lease) could sue you for breaching your obligations under the lease. You would have a defense that your co-signer made it impossible for you to stay. You might win. Whoever wins may recover attorney's fees. It would be in everyone's best interest to... Read more »

4 Answers | Asked in Bankruptcy, Consumer Law, Foreclosure and Business Law for California on
Q: Sold gas station due to bankruptcy but lawyer may be taking advantage of a senior citizen. What to do?

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 »

Bahram Madaen
Bahram Madaen answered on Aug 26, 2019

Please contact the State Bar and file a complaint.

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1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for California on
Q: The home ive lived in for 40 yrs. is in short sale. what rights do i have if i still live there?

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 »

Nina Whitehurst
Nina Whitehurst answered on Aug 19, 2019

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... Read more »

1 Answer | Asked in Foreclosure, Probate and Real Estate Law for California on
Q: Caretaker stayed in house& took all valuables.No heir open probate til AFTER house sold in foreclosure.Why did house go?

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 »

Richard Samuel Price
Richard Samuel Price answered on Jun 19, 2019

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?

1 Answer | Asked in Estate Planning, Foreclosure and Probate for California on
Q: Wells Fargo Bank foreclosed and sold a property after the owner died. Can they do that without waiting for a probate ?

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 »

Kenneth Sisco
Kenneth Sisco answered on Jun 15, 2019

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 »

2 Answers | Asked in Bankruptcy, Foreclosure and Landlord - Tenant for California on
Q: I have a question my landlord lost the house he still wants us to pay him the rent . What can I do he's not the owner ?
Theodore Allan Greene
Theodore Allan Greene answered on Jun 4, 2019

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... Read more »

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1 Answer | Asked in Foreclosure and Landlord - Tenant for California on
Q: i was served an unlawful detainer,i filed an answer and i received a form stating:

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

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Mar 26, 2019

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.

3 Answers | Asked in Estate Planning, Foreclosure and Probate for California on
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

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

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Feb 7, 2019

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.

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1 Answer | Asked in Foreclosure, Child Custody and Domestic Violence for California on
Q: Can a judge change his previously amended Temporary Restraining Order?

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 »

Dale S. Gribow
Dale S. Gribow answered on Dec 17, 2018

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 »

2 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for California on
Q: My family rented a home from who we thought was the owner but she lost house in foreclosure

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 ??

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Dec 14, 2018

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:

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1 Answer | Asked in Bankruptcy and Foreclosure for California on
Q: Any help for chapter 13
Aaron Michael Lloyd
Aaron Michael Lloyd answered on Dec 10, 2018

Contact a local bankruptcy attorney that is licensed to practice law in your state.

1 Answer | Asked in Consumer Law, Estate Planning, Foreclosure and Real Estate Law for California on
Q: whats it mean if the grantor is missing from a document?
Thomas A. Grossman
Thomas A. Grossman answered on Aug 25, 2018

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... Read more »

1 Answer | Asked in Identity Theft, Bankruptcy, Foreclosure and Probate for California on
Q: Grantor 1)RUFFIN, AUSTIN2)RUFFIN, PARIS M W3)WILLIAMS, PARIS MGrantee BANK OF AMER normal or i have a case?

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... Read more »

Bahram Madaen
Bahram Madaen answered on Aug 4, 2018

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.

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