While living in a home that goes into foreclosure as a tenant with the home owner who also resides in the home we were given the “cash for keys” option. The owner had the parties residing here sign the agreement that when accepted gave the homes occupants (3in total) 15,000 dollars to aid in... View More 
answered on Jul 12, 2023
It depends on the agreement that you signed, whether you are entitled to that money. I would think you are at least entitled to your statutory move out allowance of 30 day's rent if you were there more than 1 year. You should have contacted an attorney before signing any significant agreement,... View More
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answered on Jun 27, 2023
Typically, a condo association has the right to initiate foreclosure proceedings if a homeowner fails to make assessment payments. However, the specific rules and procedures regarding foreclosure can vary based on your jurisdiction and the governing documents of your condo association. It's... View More
This hoa started off saying we had needed dry rot repairs and it has morphed into a full-on remodel of various projects here. I'm disabled and on fixed income and cannot pay and now in danger of lien/ foreclosure. They are demanding 54 thousand dollars now. In addition to 765.00 hoa we pay per... View More
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answered on Jun 22, 2023
I'm sorry to hear about the difficult situation you're facing with your HOA. To address the unjust assessments and the potential for a lien or foreclosure, consider the following steps: Review your HOA documents to understand your rights. Communicate openly with your HOA, explaining your... View More
House was used for collateral when divorce agreement specifically said that person could not take out a loan using the house, he is also deceased now. Collectors threatening foreclosure
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answered on Jun 19, 2023
In California, if a person dies and they have a mortgage on their home, the mortgage company has the right to foreclose on the property if the mortgage is not paid. However, if the loan was taken out by someone other than the deceased person and the deceased person was not a co-signer on the loan,... View More
How can we postpone the sale date?
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answered on May 11, 2023
If your home is in foreclosure and you have successfully obtained a refinancing option, but the closing date falls one week after the scheduled sale date, there are a few steps you can consider taking to potentially postpone the sale:
1. Contact the lender: Reach out to your lender... View More
The home owner is telling me I have to leave and I need to know what my rights are as a tenant after the house sells at auction can I stay till my lease is up?
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answered on Apr 5, 2023
As a tenant in California, you have certain rights when the property you are renting is being sold at auction. If the property is sold at auction, the new owner will become your landlord and will be responsible for upholding your rental agreement. However, if the new owner intends to live in the... View More
They already have a class auction lawsuit against them because they did not tell their customers about the cares act
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answered on Apr 5, 2023
If your mortgage company is refusing to work with you to bring your mortgage current and did not inform you about the CARES Act, you may have legal options to pursue.
Under the CARES Act, certain mortgage relief options were made available to homeowners affected by the COVID-19 pandemic,... View More
I am the PR for my step dad’s long running Estate. The Estate holds a 20 year Note with Deed of Trust for small apartment and retail commercial property in CA. The previous PR (step dad’s older brother) allowed trustors to accumulate 20 delinquent payments over 19 years with only telephone... View More
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answered on Apr 5, 2023
In California, if the Trustor of a Deed of Trust has fraudulently deposited a check noted "Last Note Payment" when they are delinquent on 20 payments, this may constitute a violation of the terms of the Deed of Trust and the Trustor's obligations under California law.
As the... View More
1) If I buy a property which is in Tax Deed, and I become the Owner. What happens if they have leased the property to someone for many years? And that lease is not recorded in the County Office officially. Is that still valid and I have to respect that as new Owner?
2) If the same is true... View More
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answered on Mar 24, 2023
If you purchase a property through a tax auction and become the owner, any existing lease agreements that were not recorded in the county office may still be valid. You will need to review the terms of the lease agreement and determine whether the tenants have a legal right to continue living on... View More
manifest injustice is created by Bankruptcy Court's dismissal . 15 people of the unsecured class and their $480,000 owed is completely wiped out. they appeal to the District Court in an emergency stay petition. denied by District Court. they appeal to 9thcircuit from which an order is issued... View More
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answered on Mar 9, 2023
Summary affirmation is an abbreviated form of appeal that is used when the appellate court determines that there are no genuine issues of material fact and that the law supports the lower court's decision. It is typically used when the appeal is frivolous, when the lower court decision is... View More
That they can't collect any extra fees and instead have to take balance back to orig amount due
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answered on Feb 23, 2023
It is generally not true that a California residential mortgage lender cannot collect any extra fees and must take the balance back to the original amount due if no payments have been made for over 10 years. The specific terms of a mortgage loan are set out in the loan agreement, and they may... View More
That they can't collect any extra fees and instead have to take balance back to orig amount due
answered on Feb 26, 2023
There is a little bit of fact behind the question you raised. In California, the note and deed of trust remain fully enforceable for 10 years AFTER the maturity date of the note.
For example, if you have a 15 year loan and you never made any payment, the lender still has 10 years AFTER the... View More
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answered on Feb 20, 2023
It's not entirely clear what you mean by "vivid relief." However, if your deceased mother's home is in foreclosure, you may have some legal options to try to prevent the foreclosure or delay the sale of the property.
One option would be to work with the mortgage company... View More
Contracting data are signed and dated. Some residents have tenants others vacant. Ownership information access via online.
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answered on Feb 20, 2023
If you or an ancestor or family member owns a property outright but does not have access to it, you may want to contact a real estate attorney to help you understand your legal rights and options.
In general, there are several reasons why someone may not have access to a property that they... View More
The trustor is the administrator of the estates. The property is in unincorporated Los Angeles County (RSO just cause)
The lessee is the administrator
Which notice would be required 3/60/90 ??
The property is also on Agricultural land (1161(2))
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answered on Feb 19, 2023
Section 1161a of the California Code of Civil Procedure relates to the unlawful detainer of a property by the trustor, or a person who holds the legal title to a property in a trust. This section allows for the trustee or beneficiary of the trust to bring an unlawful detainer action against the... View More
My brother purchased his home in 2002. He filed ch 7 bankruptcy; all debts discharged 7/8/11. On 12/14/09 he executed a Quitclaim Deed and made me a Joint Tenant with him on his house. I did NOT sign a reaffirmation agreement on his mortgage loan.
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answered on Jan 19, 2023
I assume the loan only had his name and was made prior to the bankruptcy. We would need to know how it was treated in the bankruptcy--even with a discharge, he may have re-affirmed the debt making his estate liable. Regardless, your title is subject to the lien--liens are not automatically... View More
Hi, my partner owns(ed) a house and in 2019 signed a new mortgage contract with a company taking over the previous. Then covid hit. To my understanding mortgages were supposed to be frozen. This mortgage company had kept billing him however and before we knew it he was slapped with a notice to... View More
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answered on Dec 27, 2023
Under California law, it's important to know that even if a house is sold at auction due to unpaid mortgage, former homeowners may still have certain rights. The fact that the mortgage issues arose during COVID-19 adds complexity to the situation, as there were various relief programs and... View More
I never had a fire arm are been arrested for a fire arm
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answered on Oct 17, 2023
If you believe there's been an error or misidentification involving your name, it's essential to address it promptly. Errors in legal or official records can occur for various reasons, including clerical mistakes or mistaken identity. In California, you have the right to review and... View More
answered on Jul 19, 2023
There are not enough facts in your question to provide you with a specific response. But assuming the property is in California and the foreclosure is non-judicial (trustee sale), which is common in the state, you have the right of redemption before a foreclosure sale. Your right to redeem ends... View More
can ccp 712.010 be used only in unlawful detainer actions
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answered on Jun 29, 2023
CCP Section 712.010 primarily pertains to obtaining writs of possession in unlawful detainer actions. It may not specifically apply to obtaining a writ of sale in a judicial foreclosure action. Consult with a real estate attorney or foreclosure specialist for guidance tailored to your situation, as... View More
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