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California Foreclosure Questions & Answers
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.
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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1 Answer | Asked in Banking, Consumer Law and Foreclosure for California on
Q: Law suits against Wels Fargo

Good afternoon,

My question is what is the statute of limitations for a law suit against a bank? My mom lost our home due to employees stealing from her. They stole my moms mortgage payment or payments not too sure on that. She lost our house due to that problem. But she has proof of... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 15, 2017

See: http://www.courts.ca.gov/9618.htm

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, testimonials, and media appearances/ publications...
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1 Answer | Asked in Criminal Law, Estate Planning, Foreclosure and Probate for California on
Q: Grandma passed 2yrs ago.Now im out of jail.House has new owner All is gone.Dont think she left a Will.Caretaker gone too

I cant really think.Im devastated but i cant just sit.I need answers.Who do i direct myself to?Grandma did have live-in caretaker,this woman is gone wont answer my calls.I feel aimless.Dont know where to begin.I never got notified about sale of house or where cars were going or our furniture or my... Read more »

Bruce Adrian Last
Bruce Adrian Last answered on Feb 15, 2017

I am sorry to here of your troubles. You case is complex enough that you need to talk with a lawyer to see where you stand, but here is some information that may help you along.

Where to find probate information: If you grandmother had no will and no trust, and assuming the house was not...
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1 Answer | Asked in Foreclosure, Personal Injury, Real Estate Law and Elder Law for California on
Q: Violation Fannie Mae's Mandatory Lending Guide Policies...

If a mortgage and title company violate Fannie Mae's Mandatory Selling Guide and allow a person not allowed to act as an attorney in fact to sign closing loan documents under a power of attorney, is the loan and Deed valid and if it is can it be voided in court?

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2017

Might be voidable but you need to talk to a consumer law specialist who is a member of CAOC or www.naca.net

1 Answer | Asked in Foreclosure, Real Estate Law, Elder Law and Landlord - Tenant for California on
Q: Can I use an improperly served 3-day notice as a answer to a unlawful detainer?

This is foreclosure eviction. Six days after trustee sale someone came to my home and peered through windows, took pictures, and told me he had to see how much cleanup had to be done. He then proceeded to argue and incite a conflict. As he was leaving he said he left some papers for me to sign.... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 8, 2017

If notice was served, that should suffice, regardless of rudeness. 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, testimonials, and media... Read more »

1 Answer | Asked in Real Estate Law and Foreclosure for California on
Q: What can I do to save my house?

I was divorced about 8 years ago. While married we had a 1st and 2nd mortgage. The 1st is with Bank of America and the 2nd is with bank of the west. After the divorce I took his name off title and my name is the only one on title. In order to save the house, I had to file chapter 13 to get rid of... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 7, 2017

Did you refinance the mortgage when you changed the title to your sole name? If not, that may be the problem if your husband's name is still on the mortgage with the 2nd bank. They might be trying to collect the loan from him and using the house as collateral. More details are necessary to provide... Read more »

1 Answer | Asked in Foreclosure for California on
Q: State of California. Can this home be foreclosed? Was told that Trust from estate had to be completed to foreclose on.

Home with mortgage owing left to children in parents estate. Estate settled but trust from that estate has not disperesed funds to complete and settle trust. Home is underwater. Appraisal does not cover loan due.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 31, 2017

Foreclosure is typically appropriate when the mortgage is in default for multiple months and all due notices have been recorded. Have a lawyer review the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... Read more »

1 Answer | Asked in Foreclosure and Landlord - Tenant for California on
Q: what are my rights when the owner that i am renting is in foreclosure and already had two auction dates

landlord did not tell us about foreclosure issue. she stated she didn't have to. and to pay rent still . when we got notice in default in dec stated auction date is 12/07/16 mention it to her and said still pay rent she didn't have to explain to me about the issue still. she then harassed me for... Read more »

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

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

The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not...
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1 Answer | Asked in Foreclosure and Probate for California on
Q: How can I save my house from being auctioned?

My mom passed away, missed a couple of payments, mortgage company wouldn't accept payments, finally got the money for probate, house is to be auctioned, out of time, doesn't seem fair, need immediate help.

Richard Samuel Price
Richard Samuel Price answered on Dec 3, 2016

You can file a petition for special administration in probate court to be appointed as the special administrator of your mother's estate. Then the mortgage company will deal with you as if you were her. Maybe then you can negotiate a delay in the foreclosure. Hire a probate attorney.

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: Need a pro bono attorney for Long Beach CA or nearby. Home under auction, mother and son on deed.

Mother pulled out equity loans with out her son's permission, she now defaulted our home which is under auction. Mother is only on mortgage loan, Bank will not talk with us, filed a BK, help prolong trying to seek help. We paid the mom over 25 years never missed a payment, now she is held... Read more »

Richard Samuel Price
Richard Samuel Price answered on Jul 29, 2016

First, you're not going to get a pro bono attorney to take this case. Second, you need an attorney to review your documents for a full consultation.

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: Morgage on my name but not on deed, now the house is going in to foreclosure because the person on deed keep the money

We want to save the house since the morgage is on our name, we trusted the person on deed and now she is hurting our credit is there anyway that we can get her out of the deed? Btw she doesnt want to sale the house to us

Richard Samuel Price
Richard Samuel Price answered on Jun 26, 2016

About the only procedure to do that is to assert an ownership interest in the house with a quiet title action. Whether or not you can assert such a claim would depend on your facts and circumstances. It's time you sat down with an attorney to discuss your matter.

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: Morgage on my name but not on deed, now the house is going in to foreclosure because the person on deed keep the money

We want to save the house since the morgage is on our name, we trusted the person on deed and now she is hurting our credit is there anyway that we can get her out of the deed? Btw she doesnt want to sale the house to us

Richard Samuel Price
Richard Samuel Price answered on Jun 24, 2016

Do you have an ownership interest in the house? Have you paid part of the downpayment or mortgage payments? You may be able to file a quiet title action to asset your ownership interest in the house.

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: How do I go about filing a claim on a foreclosed trustee sale?

the home was sold for $169,000 the amount owed on it was for $121,741.79 which leaves quite a bit left over, and since my mom was the last legal owner of the house am I entitled to left over money and if I am how do I go about filing to receive it since I live in Sacramento ca and I am currently... Read more »

Richard Samuel Price
Richard Samuel Price answered on May 9, 2016

I don't understand if your mother was the owner, how you could make a claim for the excess proceeds? Has your mother passed away? If so, then you will need to initiate a probate action to be appointed as the personal representative of her estate.

1 Answer | Asked in Real Estate Law, Foreclosure and Landlord - Tenant for California on
Q: Renting a house landlord has not paid mortgage now the home is listed for foreclosure what do I do?

I have been paying rent to him for 16 months now on a month to month contract. I have asked him if there is anything going on with the house he denies it and says that he is refinancing the home. But I Google the address and is listed as foreclosure notice of default, he lost communication with me.... Read more »

Richard Samuel Price
Richard Samuel Price answered on May 5, 2016

You are obligated to pay rent, whether the loan is in default or not. You can always give a 30 day notice to move.

1 Answer | Asked in Real Estate Law, Consumer Law and Foreclosure for California on
Q: Has anyone ever heard of Keep Your Home California asking for there money back form a server before?Well Caliber Home

HELP My mortgage company prior to September 2013 HSBC,They sold it to Caliber Home Loans. I tried to do a loan modification after 9 month's they denied me.I was told me to contact HUD ,I got involved with Keep Your Home California I qualified for the HHF program they paid Caliber $25,000 the terms... Read more »

Richard Samuel Price
Richard Samuel Price answered on Apr 15, 2016

Your legal matter is complex enough to warrant a visit with an attorney to sort out what happened and what you can do about it. Contact an attorney for a full consultation.

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: We purchased a home through short sale, how long do the occupants have to vacate? They also have no rental agreement.
Richard Samuel Price
Richard Samuel Price answered on Mar 27, 2016

Without a lease agreement, the tenants are month to month. You can serve a 30 day notice to vacate if they have been there less than a year. If they have been there a year or longer, then you will have to serve a 60 day notice to vacate.

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: We just purchased a home that was a short sale, how long do the occupants have to vacate the property.

They do not have a rental agreement

Richard Samuel Price
Richard Samuel Price answered on Mar 27, 2016

Without a lease agreement, the tenants are month to month. You can serve a 30 day notice to vacate if they have been there less than a year. If they have been there a year or longer, then you will have to serve a 60 day notice to vacate.

1 Answer | Asked in Foreclosure, Probate and Real Estate Law for California on
Q: My parents died left the house to us three kids. They had a lot of debt at the end. does house have to go. I

I've been living in the house with them for ten years and taking care of them and the house as well as paying for the car and most the utilities. The house was left to all three of us kids but there is a lot of debt from creditors that was left behind. I don't want to move out of the house it's... Read more »

Richard Samuel Price
Richard Samuel Price answered on Feb 27, 2016

Keeping the house will depend on what money is available to pay off any creditors of your parents. If there isn't enough money to pay off the creditors, then the house will have to be sold in order to pay the creditors. If you want the house to yourself, you may have to buy out your sibling's... Read more »

1 Answer | Asked in Foreclosure for California on
Q: Am I entitled to be reimbursed for time and expense spent proving that a foreclosure action was totally unwarranted?

All monthly mortgage payments were made on time to a large financial company. However, the company mistakenly showed several defaults and sent a foreclosure notice. The company required me to obtain and fax to them copies of 12 months of cancelled checks together with a letter before it would take... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 9, 2015

Probably not. Many mortgage notes provide for attorney fees, but unless you are an attorney you don't qualify. How do you figure your time is worth $150/ hour?

1 Answer | Asked in Foreclosure for California on
Q: After a lender files an action for judicial foreclosure can it simultaneously proceed with a non-judicial foreclosure.?
Richard Samuel Price
Richard Samuel Price answered on Sep 6, 2015

Yes, a lender can pursue both remedies at the same time, but must choose only one remedy to foreclose on the house by a sale of the property.

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