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California Foreclosure Questions & Answers

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 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. 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 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 proper probate... Read more »

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 name....
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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 its... Read more »

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 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. 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 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 THAT... 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. 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. 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. 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 Initial... Read more »

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

Q: I need to stop or pauseSurplusFunds disbursement.What can i file at dwntwn LAcourt.Im heir too but Trustee didnt notify

To make things worse title to this house change illegally.Now my uncle open probate case for my grandma and he claiming the surplus funds.But grandmaNOT OWNER of this house.Im owner and I never gifted or transfer my house to my grandma.Thats a lie. So i dont know but i need to show judge theres... Read more »

Richard Samuel Price answered on Apr 30, 2017

To challenge the ownership of the property, you'll have to file an 850 petition with the probate court for a determination of who is entitled to the proceeds from the sale of the property. Then you can make a claim for the proceeds. Contact an attorney for a full consultation.

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

Q: my ex husband defaulted on a heloc loan on my property, nod issued, he is not returning phone calls, I need options plse

divorce court issued the heloc his responsibility, and primary residence mine. I do not want to lose my home.

Ali Shahrestani, Esq. answered on Mar 22, 2017

Did you two refinance the home so that only his name would be on the loan? If not, then you may have to file a cross-claim against him seeking indemnification if a lender sues you for a deficiency claim, see:... Read more »

1 Answer | Asked in Foreclosure for California on

Q: Right of previous foreclosed home owner to claim sale money above loan value that was due.

I went to foreclosure in California and my lender used his Power of Sale clause to auction off the house. The sell price went higher than the amount I did owe on the house and I am wondering if I have a right to the money above and beyond what was due on the house as previous owner before... Read more »

Ali Shahrestani, Esq. answered on Mar 6, 2017

Once the mortgage is foreclosed and the creditor take ownership of the property, that property belongs to them, and so does the money they make in selling it. 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 for California on

Q: How to get an extension of time in District Court Southern California

I filed a lawsuit in United States District Court Southern California, defendants have responded with request for judicial notice in support of motion to dismiss. My suit is an unlawful foreclosure. Hearing date is March 17, 2017 Is there a form?

Ali Shahrestani, Esq. answered on Mar 3, 2017

It sounds like you want to file and serve a continuance. You would have to draft such a request yourself. Head to your local law library for resources. You have to inform the other party and properly serve them. If they stipulate to the continuance, make sure it's in writing, and then attach that... Read more »

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

Q: House in default,lived /rented 2 yrs. lease expired. When do I need to move.

I was told I had 30 to 60 days to move,I am looking for a place to live. What is my next step.

Ali Shahrestani, Esq. answered on Feb 24, 2017

What is the move-out date on the notice you received? That should be the date by which you must move, says common sense. 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... Read more »

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

Q: Theres a real estate law firm in southern ca asking 5k upfront-specialize in predatory lending litigation. Standard?

We are trying to save our home from foreclosure. They claim 1-2 months positive results. However, if for some reason case goes longer like i lose my job, it can go longer and court charges 495$ (will be my expense) every month after....is what they are charging standard and are these court fees... Read more »

Ali Shahrestani, Esq. answered on Feb 16, 2017

Be careful about dealing with firms charging low flat fees in predatory lending cases. You can look up the firm on the CA State Bar site to check their credentials. 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 and Bankruptcy for California on

Q: I just lost my home in New Mexico due to foreclosure sale few days ago. Can I file bankruptcy in order to keep my home?

But if it too late, what should I do next? I live in California but my home is in New Mexico. The people who rented my home got enviction note to leave the property by September 2. I really want to keep this home. It there a way to do it?

Ali Shahrestani, Esq. answered on Feb 16, 2017

Was the foreclosure wrongful? If so, you may be able to appeal the decision or sue for wrongful foreclosure. As for bankruptcy, there are various options, including possibly Chapter 13, but you should see if you qualify by discussing this with a bankruptcy lawyer. See:... Read more »

1 Answer | Asked in Foreclosure for California on

Q: Need Clarification : California Foreclosure Process In Ref Notice of Default & Sale.

For a Property in California:

Lender Filed Notice of Default in 2010

Lender filed Notice of Sale in 2010. Sale Postponed

Borrrower worked out with bank for some time. Lender Servicer changed names in 2013

Successful Loan Mod completed in 2013, Borrower made... Read more »

Ali Shahrestani, Esq. answered on Feb 16, 2017

Was a new Notice of Default timely filed for this 2016 foreclosure? That would be required. The rescission of default for the prior N.O.D. may be valid. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You... Read more »

1 Answer | Asked in Contracts, Foreclosure, Collections and Legal Malpractice for California on

Q: Are there any class action lawsuits going on in California against Vanderbilt Mortgage co.? If so I'd like to join it.

Ali Shahrestani, Esq. answered on Feb 16, 2017

See: https://dockets.justia.com/search?query=Vanderbilt+Mortgage+and+Finance+Inc

Also check the dockets of your local county court and the CA Supreme Court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
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