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answered on Feb 16, 2021
You really need to provide far more specific information in order to obtain a meaningful answer.
After an OSC, the court ordered the sale of a residence in October. The homestead granted was $75K. If a BK is filed in December and later dismissed in January/February, does the Judgment Creditor need to file a new OSC in order to get another court order - or is the original OSC restated? The... View More 
answered on Dec 9, 2020
the an order is already entered, no further order is necessary. the bankruptcy will only delay but not prevent the sale. You have to take the appropriate action in state court to reverse such an order.
Soon to be ex left with kids to AZ. She left me with a house in California we cannot afford. I need it gone before foreclosure. How can I get her to make the payments for a few months? She lives with her parents and teaches. She REFUSES to sign realtor contract just to be mean. I feel helpless.... View More
answered on Oct 21, 2020
As long as there is no legal action pending (i.e. a divorce) and as long as you are not represented by counsel, you are helpless. The first step towards getting control over the situation is getting court orders. Start by filing a petition for dissolution.
My soon to be ex left me with the house in California. I cannot afford it and she won’t sell. Cannot afford to get atty involved as there is no gain. Should I just go through foreclosure?
answered on Oct 19, 2020
Is a divorce pending? Will you be entering into some type of property division agreement? If so, and she releases her interest in the property, you may want to consider selling the property. If there is no equity in the property (is that what you mean by "there is no gain"?) - a short... View More
answered on Oct 19, 2020
If your ex does not want to cooperate, there will be a long and VERY EXPENSIVE court proceeding called a Partition, where the Court can order the house to be sold, and proceeds divided. You need to contact her and explain that any cost for this is going to come out of the sale proceeds and is... View More
*California* atty. preferred:
My mother and grandmother live in Seal Beach Leisure World.
If they are both co-owners and residents (joint tenancy) of this property and one passes away (God forbid) with some credit card debt, can the creditor(s) put a lien on the property postmortem... View More
answered on Oct 14, 2020
For a creditor to put a lien on real property there usually must first be a judgment. Once there is a judgment against a certain individual then that judgment creditor can enforce their judgment by either placing a lien on real property, garnishing wages, or placing a levy on a bank account. The... View More
California atty. preferred:
My mother and grandmother live in Seal Beach Leisure World.
If they are both co-owners and residents (joint tenancy) of this property and one passes away (God forbid) with some credit card debt, can the creditor(s) put a lien on the property postmortem... View More
answered on Sep 28, 2020
It can be place on there While the parties are alive. If the debtor passes first, the creditor must remove the lien or risk blemishing title. If the non debtor dies first, besting title in the living debtor, creditors are free to collect on the debt and the lien is secured.
My mother and my grandmother live in Seal Beach Leisure World.
If they are both co-owners and residents (joint tenancy) of this property and one of them passes away (God forbid) with some credit card debt, can the creditor(s) put a lien on the property even though the person passed away... View More
answered on Sep 27, 2020
You really need a California lawyer to respond to this question, but under traditional common law principals (which may not be so common in California) a lien for debt does not arise until it has been reduced to judgment. Thereafter there is a process, pretty much unique to each state, on the... View More
answered on Sep 17, 2020
yes ,you are entitled to a return of your security deposit if home is left in condition it was when you moved in. I hope you have photos to prove it. You are also supposed to get a 30 day notice.
it will be sold possibility within the next month or two. My question is, should I pay until it forecloses or give my notice to move.
answered on Jul 16, 2020
If you are not comfortable with the situation, give notice, and move. 30 days is pretty standard. Tell LL to take last month out of the security deposit. Ask for a Pre-move out inspection by LL to go over what repairs he believes are needed. BTW- you are absolutely entitled to have the LL give... View More
sold on 6/18/20. I the renter is still paying rent. Do I have to continue to pay rent?
answered on Jul 16, 2020
Under normal circumstances your payment of rent is not dependent on the Owner paying the mortgage, which is unfortunate because if the LL does not pay the mtg. the house is foreclosed and you are evicted by the bank. I have never heard of a bank letting a renter stay and pay the rent to the bank,... View More
I’m in San Bernardino county
PHH mortgage returned my reinstatement payment even though it was made on time. I followed their direction and got in touch with the attorney they had to handle a foreclosure. The Letter from the attorney had a precise and clear instructions that i followed every steps of the way. I wire-transfer... View More
answered on Apr 3, 2020
The good news is, because of the pandemic, the court system is shut down and it is unlikely a foreclosure will occur in the immediate future. However, this does not solve your problem. I suggest you write the attorney who has been handling this matter and explain the situation clearly as you have... View More
2 bathrooms 95% complete (punchlist, barn doors and faucets left). Materials were not in yet (this was the 2nd or 3rd time we were waiting on her), but temps were installed. Left job for 2 weeks due to previously scheduled out-of-town job. Client fired us and refuses to pay for the 2nd bathroom or... View More
answered on Mar 10, 2020
"Substantial Performance" is the term you seek: "I ordered 100 flowers and you only brought me 95. I am not paying you." If a party "Substantially Performs" terms of contract, then payment is due, but payment may be prorated fairly.
Here's a link to the... View More
shall have priority over any interest affecting title to the specific real property located in San Bernardino County, California, recorded after March 17, 2005 and is described as follows..."
There were other liens on the property from March 17, 2005 to the date of the Sheriff Sale Jan... View More
answered on Mar 5, 2020
Your question shows why it is necessary to retain the services of a good lawyer. The practice of law requires a lawyer to examine the language of the statutes, and those related to the one in issue, and determine what your rights may be. This is the essence of the practice of law. I seriously doubt... View More
If they convey the property with the 1st mortgage then stop paying so that lender calls loan due on sale to pay lender off and trustee:/seller agent
answered on Jan 27, 2020
Assuming the trust agreement authorizes the trustee to accept property from any source, whether encumbered or not, beneficiary or trustor approval is not required.
My roommate for the past 3.5 months has been harassing me, and refuses to release me from the lease. She stands outside my room when I am home, pushes my door open, enters my room without permission when I am away ( I have footage), tells me I can no longer use her furniture (couch, table, trash... View More
answered on Oct 29, 2019
Yes, your roommate (co-signer on the lease) could sue you for breaching your obligations under the lease. You would have a defense that your co-signer made it impossible for you to stay. You might win. Whoever wins may recover attorney's fees. It would be in everyone's best interest to... View More
My dad sold his gas station about a year ago (as it was in bankruptcy). He had to go through the court system to negotiate a deal with the buyer and was asked to pay a portion of the funds to lenders to pay off debt owed. He would still be left over with a good amount of money (close to $70k+). To... View More
my dad died and my sister was named executer to his estate . We found he was behind on his mortgage and the house was going into foreclosure. my sister got a probate lawyer and hot the house approved for short sale. An auction date has been pushed back to september . i got served with a 60 eviction... View More
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answered on Aug 19, 2019
It sounds like you were renting month to month and the new owner of the house, your dad's estate, has served you will a 60-day notice to quit in order to prepare the house for sale. You must move within that 60 day period. If you do not move, they can get a local sheriff to bodily drag you... View More
House note was paid in full years b4. But had $70k equity line from Wells Fargo. Monthly payment was $325/mo.Home in Koreatown valued at $1.7m sold in foreclosure like a year after owner death. It generated Surplus funds. Caretaker was taking things out of home while owner was alive and continued... View More
answered on Jun 19, 2019
You can bring litigation against the caretaker for the wrongdoing of taking the decedent's property. A power of attorney terminates at death. The question is, will you collect any money from the caretaker?
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