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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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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??
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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
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??
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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... View More
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
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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
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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
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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
I went to the recorders office to get copies of the deed which still had my name on it
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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... View More
I went to the recorders office to get copies of the deed which still had my name on it
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.... View More
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.
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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
I am dealing with a wrongful foreclosure situation involving a private lender and a title company. They allege that no payments were made on a 10-year loan that started in 2009 and ended in 2019, but they filed for foreclosure in 2022, two years after my mother, who was on the promissory note,... View More
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answered on Apr 8, 2025
To address the wrongful foreclosure, start by organizing and consolidating all of the proof you have of payments. This includes deposit receipts, cashier’s check stubs, and any communication with the lender or title company. It’s important to have a clear timeline of events and to keep detailed... View More
I hired an attorney to help retrieve excess proceeds from the foreclosure sale of my house. Initially, the trustee wouldn't release the money to us due to another law firm's interest. The lawyer eventually received the funds, which were initially believed to be $640,000, and I have since... View More
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answered on Apr 2, 2025
Accepting the $75,000 payment could potentially compromise your ability to pursue future legal action, depending primarily on whether you sign any release or settlement agreement in conjunction with accepting these funds. The critical factor is the precise language of any documentation accompanying... View More
I am considering filing a cross-complaint against a bank that recently foreclosed on my home of the last twenty years. The servicer has consistently manipulated my account, stolen payments, marked me delinquent, and intentionally ruined my credit, making refinancing unlikely. All illegal activities... View More
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answered on Apr 1, 2025
Including the servicers in your cross-complaint would be legally prudent given your description of their direct involvement in the alleged improper activities. In California litigation, joining all potentially liable parties in a cross-complaint helps preserve your claims against each entity and... View More
I recently had to let go of my attorney due to concerns about his handling of my wrongful foreclosure case; he is being sued by multiple clients and his employees have left the firm. We completed our Case Management Conference as Pro Se litigants, and although a trial has been set, we would like to... View More
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answered on Mar 15, 2025
First, promptly notify the court that you have ended representation by your previous attorney and are currently seeking new counsel. You should file a formal substitution of attorney form or a notice indicating you will temporarily represent yourself, ensuring all parties involved are aware of your... View More
had SCM 9/19/24 for order equity payout due 3/18/25. I never received agreed court appraisal, so I tried to get heloc myself that gave me home value. Petitioners didn't accept and are still pushing their appraiser. i don't see MSC 3/13/25 resolving anything and need to do home value,... View More
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answered on Feb 11, 2025
If you're not sure what forms you need to file, then I'd recommend you speak with legal aid or hire a private attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney... View More
Its like ocwen has the government’s stamp of approval. They do whatever they want; lie, cheat, and steal. I have filed seven complaints with the cfpb, three with the dbo, one each with the occ, tafcr, dob, ag, and my congressman. All for nothing.
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answered on Feb 5, 2025
It sounds incredibly frustrating to feel like you're fighting an uphill battle against a predatory lender like Ocwen, especially when it feels like no one is listening or taking meaningful action. The reality is, it can be difficult to navigate these systems, and it's easy to feel... View More
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