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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
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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 
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
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... View More
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
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
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
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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
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?
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
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?
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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
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?
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... View More
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
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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
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
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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
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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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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
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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
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
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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
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
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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
Non payment of purchase of building materials totaling $20,000.
Is there a way to recoup this loss?
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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.... View More
Non payment of purchase of building materials totaling $20,000.
Is there a way to recoup this loss?
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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
Non payment of purchase of building materials totaling $20,000.
Is there a way to recoup this loss?
answered on Feb 15, 2024
Yes, and no. Assuming your lien is validly perfected, you can advance money to the senior lien(s) to reinstate it, which will stop them from foreclosing this time around, and then initiate your own foreclosure process. There is so much to consider before you do anything like that, without much time... View More
I'm trying to keep my dad's house in the family and I make enough money to make sure the $900/month mortgage payment is paid. How do I continue to keep it in my family?
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answered on Jan 31, 2024
To keep your father's house in the family after his passing, you'll need to consider a few important steps. First, determine whether your father had a will or any estate planning documents that specify his wishes for the property. If there's a will, it should outline who inherits the... View More
answered on Jan 21, 2024
Transferring real estate from one person to another must be done in writing and the document must contain specific language showing it was the intent of the owner to transfer their ownership to the other person. If your grandmother did so in her will, then it’s likely you won’t be able to... View More
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answered on Jan 21, 2024
In California, if a property is bequeathed to you in a will, your right to the property is generally protected. However, the validity of the will itself can be contested. If your grandmother's will was properly executed and notarized, it typically stands as a valid legal document.
Your... View More
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