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California Foreclosure Questions & Answers
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 make a... 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 out... 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 owner/landlord still... 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 property.... 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 notice of... 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.

1 Answer | Asked in Civil Litigation, Probate, Foreclosure and Real Estate Law for California on
Q: Reverse mortgage company problems. 1. We are in probate 2. They would not speak to the heirs until probate was opened

.. 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 »

Richard Samuel Price
Richard Samuel Price answered on Jul 26, 2018

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.

1 Answer | Asked in Foreclosure, Contracts and Real Estate Law for California on
Q: If a Notice of Deposition of Plaintiff, Wrongful Foreclosure case

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.

Thomas A. Grossman
Thomas A. Grossman answered on Jul 16, 2018

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 »

2 Answers | Asked in Foreclosure, Real Estate Law and Probate for California on
Q: What happens to a mortgage when the joint tenant(mother) passes away and the surviving joint tenant is her son?
John B. Palley
John B. Palley answered on Jun 13, 2018

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 »

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1 Answer | Asked in Foreclosure, Real Estate Law and Probate for California on
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

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 ?

Richard Samuel Price
Richard Samuel Price answered on May 11, 2018

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.

1 Answer | Asked in Foreclosure and Probate for California on
Q: I have my father's house trying to sell but the probate attorney is taking his time

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?

Richard Samuel Price
Richard Samuel Price answered on Apr 7, 2018

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 »

1 Answer | Asked in Foreclosure and Probate for California on
Q: Grandfather bought us a home before he passed as part of our inheritance now stepgrandma is trying to forclose can she ?

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

Bruce Adrian Last
Bruce Adrian Last answered on Jan 17, 2018

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...
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