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California Foreclosure Questions & Answers
2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: What can I do about a person that hasn't made a mortgage payment in over 4 yrears

I'm the estate executor for my father who has past away...he had sold this property to an individual ,my father also was carrying the note...these person just won't pay ,I've been chasing them around for a year...what can I do??

James L. Arrasmith
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answered on Jan 19, 2024

As the executor of your father's estate in California, dealing with a non-paying buyer in a seller-financed property sale, you have several legal options. Since your father was carrying the note, the estate essentially steps into the role of the lender.

Firstly, review the terms of the...
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2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: What can I do about a person that hasn't made a mortgage payment in over 4 yrears

I'm the estate executor for my father who has past away...he had sold this property to an individual ,my father also was carrying the note...these person just won't pay ,I've been chasing them around for a year...what can I do??

T. Augustus Claus
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answered on Jan 19, 2024

As the estate executor for your deceased father, if the individual who purchased the property has not made a mortgage payment in over four years, you may have legal options to address the situation. First, review the terms of the sales agreement and the promissory note to understand the specific... View More

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1 Answer | Asked in Foreclosure, Real Estate Law, Civil Rights and Landlord - Tenant for California on
Q: Should I contact clear recon group and make sure it's known that im a tenant prior to foreclosure auction?

I, as well as the tenants in three other units on are living on the property still, landlord died a few months ago, his heirs shut off all utilities and prevented us from turning them on and neglected the property, it almost immediately went into foreclosure and I just found out the auction date is... View More

James L. Arrasmith
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answered on Dec 25, 2023

Yes, it would be wise to contact Clear Recon Group to inform them that the property is occupied. As the trustee handling the foreclosure, they should be aware of the presence of tenants. This can affect the foreclosure process and any subsequent actions they take regarding the property.... View More

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: waiting for a reply from a mortgage Relief, is it ok not to pay for your mortgage, or can this bring foreclosure? TX:)
James L. Arrasmith
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answered on Nov 28, 2023

In California, not paying your mortgage can lead to foreclosure. This is because your mortgage agreement is a legal contract where you agree to make regular payments to your lender. If these payments aren't made, the lender has the right to start foreclosure proceedings to recover the amount... View More

1 Answer | Asked in Real Estate Law and Foreclosure for California on
Q: Would there be a foreclosure risk if we hold on to mortgage payments until we hear back from the mortgage relief
James L. Arrasmith
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answered on Nov 28, 2023

Under California law, holding off on mortgage payments while waiting for a response regarding mortgage relief can be risky. Foreclosure proceedings can be initiated by your lender if you miss payments, even if you have applied for mortgage relief. It's important to keep in mind that the... View More

2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: On the day the company that bought my home came to take possession of my home my name was still on the deed

I went to the recorders office to get copies of the deed which still had my name on it

Richard Winblad
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Richard Winblad
answered on Dec 20, 2023

I'm not licensed in California, so this information may be helpful when you visit with a California licensed attorney.

People often confuse the concept of car titles with property ownership. A car title is typically signed over to the purchaser. The same is not true with real estate....
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2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: On the day the company that bought my home came to take possession of my home my name was still on the deed

I went to the recorders office to get copies of the deed which still had my name on it

James L. Arrasmith
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answered on Nov 21, 2023

Based on the limited information provided, it seems there may have been an issue with the property title and transfer process when the company bought your home in California. A few key points:

- If your name was still on the deed when the company came to take possession, typically the sale...
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1 Answer | Asked in Foreclosure for California on
Q: Do I have any right on my house foreclosure 30 years ago without received any letters from lender ?

30 years ago my house been foreclosure which was rented and I was living in different town for my work , and i never received any notification about foreclosure, address is 14796 Briana street Moreno valley CA.

James L. Arrasmith
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answered on Nov 17, 2023

In California, the statute of limitations for challenging a foreclosure based on lack of notice is generally limited. After 30 years, it's highly unlikely that you have any legal recourse regarding the foreclosure. California law requires lenders to provide notice of foreclosure, but if you... View More

2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: My house sold at auction after I filed a lawsuit against the mortgage company. This was after I filed bankruptcy
James Clifton
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James Clifton
answered on Dec 17, 2024

If the bankruptcy stay was still in place, the foreclosure is not valid. If the bankruptcy stay has been lifted by a motion from your lender and the lawsuit you filed did not grant a temporary restraining order stopping the foreclosure, the foreclosure will not be overturned. However, you may still... View More

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1 Answer | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for California on
Q: I'm renting a house and was given a notice of intent to record by the city what does it mean for the renter

House was almost foreclosure I'm here with permission to fix house of damages and live in house

James L. Arrasmith
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answered on Dec 11, 2024

Under California law, a Notice of Intent to Record typically means the city is planning to file an official document about the property's condition, usually due to code violations, unpaid taxes, or other issues. This notice becomes part of the public record and can affect the property's... View More

3 Answers | Asked in Foreclosure, Personal Injury, Child Custody and Civil Rights for California on
Q: Hello I have a open investigation from this year and was wondering if I could get more help on the outcome of the situat
Joel Gary Selik
Joel Gary Selik
answered on Dec 10, 2024

More information is needed to determine the type of case and to answer questions.

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1 Answer | Asked in Foreclosure for California on
Q: I need legal advise/help on Real estate Foreclosure notice

I need legal advise/help as I received a notice from my Mortgage loan servicing company, directing it their Attorney for foreclosure, as I am behind in Mortgage payment since June 2024, as I have been unemployed since Ist June 2024

Need legal help to defer the loan and talk to their... View More

James L. Arrasmith
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answered on Nov 23, 2024

I understand you're in a difficult situation with your mortgage payments, and I want to help guide you through some immediate steps you can take.

First, contact your loan servicer right away to discuss loss mitigation options - these might include loan modification, forbearance, or...
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1 Answer | Asked in Foreclosure, Real Estate Law and Civil Litigation for California on
Q: Ex Parte for Lis Pendens

Does the Superior Court of California, Central District, allow for an pro se ex parte hearing regarding approval of a Lis Pendens that needs an emergency recording due to an upcoming foreclosure Trustee sale?

James L. Arrasmith
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answered on Nov 16, 2024

Based on San Bernardino County Superior Court rules, yes, you can file an ex parte application for recording a lis pendens as a self-represented litigant, especially when facing an urgent foreclosure situation. The court recognizes the time-sensitive nature of pending trustee sales.... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Civil Litigation for California on
Q: Limited Scope Attorneys

Are there attorneys that served the Superior Court of California, Stanley Mosk court, on a limited scope representation basis for a pro se litigant in a quiet title foreclosure defense lawsuit? I can't afford full representation.

James L. Arrasmith
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answered on Nov 15, 2024

Yes, you can find attorneys who offer limited scope representation (also called "unbundled services") at the Stanley Mosk Courthouse in Los Angeles for foreclosure defense and quiet title cases. Limited scope means the attorney handles specific parts of your case while you handle the... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Civil Litigation for California on
Q: Regarding Lis Pendens

As a pro se plaintiff in a quiet title civil lawsuit against my servicer and lender, instead of filing a Motion for Approval for Lis Pendens, which would take a long time to get onto the judges calendar, can I file a Application for Approval for Lis Pendens instead in the Superior Court of... View More

James L. Arrasmith
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answered on Nov 15, 2024

In California state courts, you can indeed file an Application for Approval of Lis Pendens (Notice of Pending Action) instead of a motion, which often proves faster than waiting for a motion hearing.

However, you should note that filing requirements can vary between federal and state...
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1 Answer | Asked in Civil Rights, Consumer Law, Foreclosure and Real Estate Law for California on
Q: How to forfeit a foreclosure based on untrue and deceptive actions including aunauthorized fraudulent mortgage loans

Attorney claiming to have power of attorney over me without any authority from me used to obtain two mortgage loans for a way of paying himself out for attorney fees he claims i owe using his financial institution and his mortgage institution not only had he used the same form to file both separate... View More

James L. Arrasmith
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answered on Nov 14, 2024

You appear to be dealing with a serious case of potential mortgage fraud and unauthorized use of power of attorney, which could constitute both civil and criminal violations.

Your first step should be to file complaints with multiple authorities: the State Bar of California regarding the...
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1 Answer | Asked in Foreclosure and Civil Litigation for California on
Q: Ownership interest

How much ownership interest in a residential property do I need to have standing to bring a civil action in court?

James L. Arrasmith
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answered on Oct 19, 2024

To have standing to bring a civil action in court regarding a residential property in Perris, CA, you must demonstrate a sufficient ownership interest. Typically, this means you must have a direct financial stake in the property, such as being a legal owner or holding a lien against it. Your... View More

2 Answers | Asked in Foreclosure for California on
Q: Loan Modification Request and Statute of Limitation

I am very thankful that I received two responses from two different attorneys to my initial question but I'm a little troubled that I was giving conflicting answers. The first attorney stated that if I were to reach out to the servicer and request a loan modification that it would not restart... View More

Robert Kane
Robert Kane
answered on Oct 7, 2024

JLA posts hundreds of artificial intelligence responses weekly in forms such as this. It is unlikely JLA even read your previous post. Although I can't vouche for the other attorney, give his response significantly more weight. I am not sure why Justia allows JLA's responses.

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2 Answers | Asked in Foreclosure for California on
Q: I lost a surplus check from a Foreclosure in Calif almost a year to the check date. I now have found it can I cash it?

The check has no expiration date and is still in good condition.

James Clifton
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James Clifton
answered on Sep 30, 2024

If there is no expiration date on the check, you may be able to cash it. However, contact the issuer to confirm that they have not issued a stop pay on the check and to confirm that you can cash it.

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2 Answers | Asked in Contracts, Foreclosure, Banking and Business Law for California on
Q: UPDATED: Guarantor responsibility when borrower SUFFERS unforeseeable illegal actions that result in impossibility

Thank you for responses. Added missing info. Small business gets loan, guaranteed by third party guarantor, for early operations (almost all went to into fixtures) with understanding loan would be repaid from cashflow. Services offered ONLY at facility, which must be permitted. Signed 10-yr lease... View More

Robert Kane
Robert Kane
answered on Sep 20, 2024

Impossibility is an affirmative defense you will need to raise in court if the creditor seeks to enforce the contract. The judge will determine if it is impossible under the law based on the specific facts.

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