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My mother and I were joint tenants in common on a deed to property since 2009. I resided and still do at the property and am still covering the mortgage and all other expenses and renovations. One brother (I have two older) presented a trust AFTER my mom passed. The trust shows him as trustee to... View More 
answered on Nov 10, 2024
If your name was on the deed, there is no way your brother could have legally removed you from the deed. If your mother's portion of the property was placed in her trust prior to her death, then your mother's 50% of the property is subject to the terms of the trust. If your mother did not... View More
I live at and this my primary residence
answered on Nov 9, 2024
Stopping a foreclosure on a hard money loan may be very difficult. If this property was your primary residence prior to taking out the loan, you may be entitled to additional protections. However, many times the paperwork that you sign when you take out the loan includes an affidavit where you... View More
I’m named in my mother’s trust as successor trustee along with siblings. Is this the correct procedure. If not how to correct.
answered on Oct 30, 2024
No, that is not the correct procedure. Among other things, the real estate should be titled in the trust. There are a lot of legal issues in your question including there may be too many people named as Successor Trustees (depending on the number of siblings.) Your mother really needs to see an... View More
Real property will be transferred via probate. Executor currently has work in Oregon so we would like to know if it can be done this way for convenience. Thank you!
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answered on Oct 25, 2024
Yes, a deed can be notarized anywhere is the US (notarizing outside the US is more complicated) and then recorded in California. But California will (wrongfully in my opinion) insist on the use of the California statutory notarial affidavit. The trick is finding an out of state notary who knows how... View More
current lease expires 11/29/24, new lease starts 11/30/24. Can I provide written notice to leave 30 days in advance per the current lease and not be obligated under the new one that has not begun yet
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answered on Oct 9, 2024
If I understand the question correctly, your new lease begins the following day after the expiration of your existing lease. You may have changed your mind after signing the new lease, with the same landlord at the same property. You want to know if you can avoid the commencement of the new lease... View More
The sibling has been difficult. Has changed things, like the locks, without consent. They have thrown things away that belonged to our parent. They have someone living there without my consent. They have no claim to it. They have done very minor up keep and repairs, but, again, without consent or... View More
answered on Oct 2, 2024
If you solely inherited a house and a sibling is living there without a lease or your consent, you can legally remove them through the following steps:
Notice to Quit: Issue a written notice requesting them to vacate the property. California law generally requires 30 days’ notice, but it... View More
They recently passed away, but never paid their portion of the taxes. What can I do to obtain 100% ownership of the land or get the lot split
answered on Oct 2, 2024
Without buying out the other owner's share, you would need to file a partition to split the property between yourself and the other owner's estate. You can also file a claim for contribution against the estate or include the claim for contribution in the partition to have half of the... View More
We got a second mortgage from Specialized Loan Servicing (SLS) in 11/2006. Now our house is in pre-foreclosure by a company called Real Time Resolutions (RTR).
In 2011, my wife and I filed bankruptcy (Ch 7). After our bankruptcy, we thought that debt was discharged. We never received any... View More
answered on Sep 30, 2024
With certain exceptions under the Bankruptcy Code, which must be initiated by the debtor, perfected liens against your residence are not discharged.
You either should have known that much or asked your bankruptcy attorney in 2011 while your case was open.
Assignments of Mortgage... View More
We got a second mortgage from Specialized Loan Servicing (SLS) in 11/2006. Now our house is in pre-foreclosure by a company called Real Time Resolutions (RTR).
In 2011, my wife and I filed bankruptcy (Ch 7). After our bankruptcy, we thought that debt was discharged. We never received any... View More
answered on Sep 30, 2024
You are not alone. Real Time Resolutions is currently holding many very old loans that are severely delinquent and is putting many unsuspecting homeowners into foreclosure.
Whenever there is a pending foreclosure, you have many options. You can request a loan modification, refinance the... View More
The neighbors cut my locks and relocked the gate that I used to gain entry. I had documented the adverse possession sign that I posted before then and I documented the conditions of the property. The house has been abandoned over 20 years and the neighbors dont believe I have the right to be there.... View More
answered on Oct 1, 2024
Since the previous owner is deceased, you will need to sue the estate of the decedent for adverse possession. Hence, the first step should be to petition the probate court to appoint an administrator of the decedent's estate. Once an administrator is appointed, you can then proceed with an... View More
My ex wife has since remarried and has refinanced the property several times, but has yet to compensate my 40% stake my way. The fact that she has remarried and refinanced, does that mean that she should have paid me my stake off ? My name is not on the deed of the house anymore.
For... View More
answered on Sep 26, 2024
The language in the divorce decree controls when your ex wife has to pay you for your interest in the property. Even though your name is no longer on the deed, your divorce agreement entitles you to a 40% stake in the property if that is the language contained in the agreement. The fact that your... View More
Sister on drugs (lifetime), homeless by choice (brain permanently damaged - drugs). Mom helped her spend her inheritance from father (now deceased) to buy a home for her and her kids. State took her kids from her (due to drugs and mental issues), and she "ran away" from her house to be... View More
answered on Sep 6, 2024
You'd need to become her conservator. Conservatorships have notice and other requirements to be sure someone isn't "railroading" a relative and becoming a conservator just so they can steal the disabled person's assets. I'm NOT saying that is what you are doing.... View More
A 50% co-owner has taken over all duties of several rented properties without consent from the other 50% co-owner. My older brother is now collecting all rental revenues including their management. We inherited the properties from our late father. Besides probate and deed's stating 50%... View More
answered on Sep 19, 2024
You have equal rights to the property's income and management decisions. If your brother has taken over without agreement, this could be seen as an exclusion, which might entitle you to compensation for your share of the property's rental value during this period.
You can also... View More
My mothers health is failing. She has asked if I will help her make a trust online. Which trust would be best for her situation. Just incase, it does not sell first. I am getting it ready to put it on the market soon. Any advice will be greatly appreciated, Thank You
answered on Sep 11, 2024
There are some legal documents that I would say you can get away with pulling an online document from a legal internet site. But, unfortunately, trusts are NOT that type of document. They are very technical and one wrong word can cause a completely different outcome than desired. Whenever people... View More
We have bought a house and the seller did not sisclose some of the major issues and defects with the house. I have emails and text messages documents proving the seller was aware of these items. Looking for a lawyer who can help out and get a percentage of the final settlement amount
answered on Sep 6, 2024
You may have some difficulty finding representation on a contingency basis, unless the material failures to disclose are substantial. Does your sales contract have an attorney fees provision? If so, that may be to your advantage. Be prepared to show all your evidence, including any remediation... View More
Please let me know if personal guarantees requested by hard money lenders, for the purchase of fix and flip investment properties, purchased in the name of an LLC, are legally enforceable. Thank you
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answered on Jul 26, 2024
In California, it is generally legal for hard money lenders to request personal guarantees for the purchase of fix and flip investment properties. This is a common practice to mitigate the lender's risk, especially when the property is purchased in the name of an LLC. The personal guarantee... View More
Each unit is underfunded by $6,500.
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answered on Jul 23, 2024
When you're in escrow for a condo with an HOA that's only 42% funded, it's crucial to understand the implications. An underfunded HOA can lead to unexpected special assessments, which means you might have to pay extra fees to cover shortfalls for maintenance, repairs, or emergencies.... View More
zoned commercial with a mixed use building consisting of a salon on ground level with a 1700 sf residence above .Owner is going to carry a 1st trust deed of 2,550,000 for 10 years at 5% intrest only monthly payments of $10,625.00.This will help her avoid capital gains tax for now .purchase price is... View More
answered on Jul 21, 2024
Zoning follows the local rules, and it can vary from city to city. You need to consult with a real estate attorney to give you an estimate about the penalty and if there is any way to get the permit for these types of property use.
zoned commercial with a mixed use building consisting of a salon on ground level with a 1700 sf residence above .Owner is going to carry a 1st trust deed of 2,550,000 for 10 years at 5% intrest only monthly payments of $10,625.00.This will help her avoid capital gains tax for now .purchase price is... View More
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answered on Jul 20, 2024
In California, the law does not specify a fixed maximum prepayment penalty for commercial or mixed-use properties. However, lenders typically include a prepayment penalty clause in the loan agreement, which must comply with California law. These penalties are often negotiated between the lender and... View More
Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?
answered on Jul 21, 2024
There can be a conflict of interest between the agent's role as the impartial notary and beneficiary real estate agent. This must be disclosed to all parties to the sale.
A real estate agent can fill out the blanks in a prepared deed form, but they cannot draft a deed if they are not a... View More
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