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California Foreclosure Questions & Answers
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... 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... 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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1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for California on
Q: CH 7 BK 11/2010. Did not reaffirm my mortgage. BK accounts off CR. Can lender still report foreclosure?

When BK was discharged. We did not stay in the home but let relatives stay in the home for upkeep of the property. I was Active Duty military and under SCRA protection, the bank never foreclosed on the property. Recently, I left Active Duty and the bank has moved forward with foreclosure. NOD... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Jan 3, 2018

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... Read more »

1 Answer | Asked in Bankruptcy, Foreclosure, Probate and Real Estate Law for California on
Q: Can a surviving child give power of attorney over a property to a non family member

Two houses in a blanket loan both in foreclosure and both filed in bankruptcy. They were in all in We were going to sell one property to a tenant and live in the other. The owner died without a will

Richard Samuel Price
Richard Samuel Price answered on Nov 23, 2017

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.

2 Answers | Asked in Bankruptcy and Foreclosure for California on
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.

The bankruptcy judge granted a stay of 6 months, starting 09/15/17. Can the foreclosure proceed on 12/19? Or does the foreclosure sale have to be postponed until the end of the 6 month stay period (3/15/18)?

Leon Bayer
Leon Bayer answered on Nov 14, 2017

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.

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2 Answers | Asked in Bankruptcy, Contracts, Foreclosure and Real Estate Law for California on
Q: Can an HOA sue for dues on a time share property that was foreclosed upon 9 years ago through a chapter 7 bankruptcy?

My husband was served a complaint yesterday indicating that he was being sued by the HOA of a timeshare property that was foreclosed upon during his bankruptcy 9 years ago. They are claiming he has not paid his HOA dues for 9 years, which amount to $35,000 plus attorney fees, etc. I am an attorney... Read more »

Harlene Miller
Harlene Miller answered on Aug 14, 2017

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... Read more »

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1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: Can a HOA file foreclosure without notifying the homeowner?

I have not received any emails or mail notifying me of a notice. No one from the HOA office has called me back in over a week, and they have locked me out of my profile online and disabling me from making an online payment.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 25, 2017

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/... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for California on
Q: Complicated pobate situation.

Hi, I am buying a house that is in probate. Owner of house is passed away and wife is selling house as administrator of the estate. She is not on the title because they were married only a year before his passing. We of course have a time sensitive escrow and must close by July 26th or it will go... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Jul 10, 2017

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.

1 Answer | Asked in Estate Planning, Foreclosure and Probate for California on
Q: San Diego, CA, HUD Reverse Mortgage foreclosed at auction.

Military Lawyer confirmed estate under 100K didn't need probate. I'm the sole heir, 3 siblings, will distribute when process complete. Trustee says after the auction, their might be excess money available for the heirs. Trustee says "since there was no probate please submit the... Read more »

Bruce Adrian Last
Bruce Adrian Last answered on Jun 23, 2017

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...
Read more »

1 Answer | Asked in Foreclosure, Real Estate Law, Banking and Landlord - Tenant for California on
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

I'm a tenant in California the owner is trying to do a short sale before the property goes into foreclosure,I have been living here for over 6 years with my disabled father. The owners real estate agent advised me that they will make a offer to the bank for relocation assistance but advised me... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 10, 2017

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...
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1 Answer | Asked in Real Estate Law, Criminal Law, Foreclosure and Probate for California on
Q: How do i stop court from giving away Surplus Funds? I want court to know title change illegal. Its my house.

I never gave the house to my grandma. But i see a doc filed saying i transfer to her. I need help. Theres a deadline. What do i do first to stop or hold disbursement of funds. Court has surplus funds right now Looks like my uncle filed grandmas probate saying hes next of kin He also filed claim to... Read more »

Richard Samuel Price
Richard Samuel Price answered on May 30, 2017

You can file an objection with the court to challenge the probate proceeding. Contact an attorney for a full consultation.

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: i bought half sharing from house owner which i'm renting it.

He filed foreclosure, and refused to sell it to me as a short sale. i had a paper indicated purchasing half share.what should i do to? how can i convince the bank to sell it to me as short sale? what are my rights in that case?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 22, 2017

Banks typically must approve short sales. It depends on the terms of your agreement with the owner, and whether you recorded any sale of the home in your name. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... Read more »

1 Answer | Asked in Foreclosure, Collections, Landlord - Tenant and Probate for California on
Q: My Grandparents died. Their house sold and there's money to be dispersed but my mother died. How do I claim that?
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on May 22, 2017

YOU NEED TO FIND OUT IF YOU MOTHER HAD A WILL. IF SHE DID NOT AND YOU ARE THE ONLY SON, THEN YOU HAVE TO GET HER DEATH CERTIFICATE AND ASK THE PROBATE COURT TO APPOINT YOU HER ADMINISTRATOR. THEN, WITH THE COURT LETTERS YOU CONTACT THE BANK OR TITLE HOUSE THAT HAS YOUR MOTHER'S MONEY AND ASK... Read more »

1 Answer | Asked in Foreclosure for California on
Q: I've tried over a year to re-negotiate my mortgage - I give up, should I sue the bank before they foreclose on me?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 12, 2017

Sue them for what? Have a lawyer determine whether you have any basis for a lawsuit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Foreclosure and Landlord - Tenant for California on
Q: I am renting a condo and the owner passed away. His mother is the executrix and did not pay the HOA dues.

The condo has a Non judicial foreclosure date of tomorrow but I have already paid Mays rent. What rights do I have as a tenant? How long will I be given to move out? I have been here 23 years.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 5, 2017

The new owner would be responsible to uphold any lease you signed.

See: http://www.aeesq.com/2011/02/18/renter-beware-northern-california-renters-rights-in-the-face-of-real-estate-fraud-and-investment-fraud/

By the way, the term executor is gender neutral. More details are...
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2 Answers | Asked in Foreclosure and Civil Litigation for California on
Q: I have a couple questions drafting a FAC.

I am a plaintiff pro per who filed a complaint and a preliminary injunction. There has been no answer filed yet. The court instructed me to amend my complaint. My question is when I amend do I have to underline/highlight the changes in the FAC? The changes are extensive. I also understand that I... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 4, 2017

You may be best off hiring an attorney to do this properly for you, as it sounds like you might be in over your head. If you can't afford a lawyer, spend time at your local law library. More details are necessary to provide a professional analysis of your issue. The best first step is an... Read more »

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