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California Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for California on
Q: In CA, can multiple family members contribute to purchase a home?

Mortgage responsibility: Married couple (1 income), a Mom (retired) & an Aunt (retired). 4 people, 3 incomes

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 9, 2024

Thank you for your question!

The amount of rent can be increased under some restrictions after the fixed terms of tenancy ends.

If you have paid the rent to the address mentioned in the lease, and you were not given any notice about the change of address, then you can use that as a...
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1 Answer | Asked in Real Estate Law and Civil Litigation for California on
Q: when i file a notice of abandonment how long does it give the person to get property off my land

a dispute regarding an elderly adjoining property owner who is taking too long to remove his property from my land saying the cause is a heart defibrillator/pacemaker incidences and hot weather

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 4, 2024

Thank you for your question!

15 days if the notice was served personally or 18 days if served by mail.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for...
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1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for California on
Q: Can a tenant in a apartment complex place 2 Ring camera's on their front door & screen door facing the mailboxes

and common areas. In front of their door has a hallway and is recording them without their consent Tenants in the apartment complex feel violated about this aggressive action of this tenant. They are running a business out of their apartment and the Property management is turning a blind eye. The... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 4, 2024

Thank you for your question!

CA Penal Code 632 section(c) has excluded communications that a person reasonably does not expect confidentiality. This statute does not seem to apply to your case because no one expects full privacy in the common area of the apartment complex.

If...
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1 Answer | Asked in Construction Law and Real Estate Law for California on
Q: Contractor threatening to put a lien on property however, I have paid extra costs to complete the job

The contract between me and the contractor does not state anywhere for roofing to be put on me for HVAC installation; however, it was. I agreed to pay the roofing for the job the day of installation as they brought it up, but fast forward, the price for roofing doubled. I believe because of the... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 4, 2024

Thank you for your question!

Did you have a written contract with the company before starting the work? If yes, then you may limit the price only to the reasonable value of their performed job for the roof.

In general under unjust enrichment legal theory, at least you should pay...
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2 Answers | Asked in Real Estate Law and Environmental for California on
Q: Our water is brown and smokes when it’s cold. Its through our HOA. Is there any action I can take?

Our house is in a HOA. When we bought the house we were told we were not allowed to drill our own well because our HOA has a water company with it’s wells for the community. Our water is brown. It smokes on cold. My hair falls out, I got gallstones and an infection and a stomach infection had to... View More

James L. Arrasmith
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answered on Jul 1, 2024

This is a serious situation that potentially affects your health and safety. Here are some steps you can consider taking:

1. Document everything: Take photos and videos of the brown water and any smoking. Keep records of all health issues you believe are related to the water quality....
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2 Answers | Asked in Consumer Law and Real Estate Law for California on
Q: Please let me know if a first position lender can revoke a loan if a second lien position is secured on a SFR.

A broker has suggested that a first position lender could somehow revoke their loan if a second mortgage was secured for the property.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 29, 2024

Thank you for your question!

Probably your broker is suggesting a refinance. This way the service loan pays the first, and releases it.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend...
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2 Answers | Asked in Consumer Law and Real Estate Law for California on
Q: Please let me know if a first position lender can revoke a loan if a second lien position is secured on a SFR.

A broker has suggested that a first position lender could somehow revoke their loan if a second mortgage was secured for the property.

James L. Arrasmith
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answered on Jun 29, 2024

To answer this question accurately, we need to consider a few key points about mortgage lending practices and California law:

1. Loan agreements and due-on-encumbrance clauses:

Most first position mortgage agreements include a "due-on-encumbrance" clause. This clause gives...
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2 Answers | Asked in Real Estate Law, Tax Law and Contracts for California on
Q: Advice on Feasibility of a Lease-to-Own Agreement for Real Estate Investment

Hello,

I need advice on a potential lease-to-own arrangement. I invested in a person who can’t pay me back. He owns several properties but has low equity (around 25%). I’m considering renting the properties from him, making the mortgage payments directly to the bank, and taking... View More

James L. Arrasmith
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answered on Jun 29, 2024

Here's an overview of the key considerations for your proposed lease-to-own arrangement:

Legal feasibility:

This type of arrangement is generally legally possible in California, but would need to be carefully structured. You'd likely use a combination of a lease agreement...
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2 Answers | Asked in Real Estate Law, Tax Law and Contracts for California on
Q: Advice on Feasibility of a Lease-to-Own Agreement for Real Estate Investment

Hello,

I need advice on a potential lease-to-own arrangement. I invested in a person who can’t pay me back. He owns several properties but has low equity (around 25%). I’m considering renting the properties from him, making the mortgage payments directly to the bank, and taking... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 29, 2024

Thank you for your question!

You need an attorney to draft a lease agreement for you to protect your rights. If you are paying directly to the bank, you do not have to worry about the landlord's defaults.

You need to record the lease in the country recorder to protect your...
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2 Answers | Asked in Family Law, Real Estate Law and Probate for California on
Q: I have two relatives who have fraud recorded Title Deed register with Los Angeles County Assessor's Office and the C.R.O

So that could place there name on title . And I have the documents number that shows bonafide gift was given to me same document number they used as purchased deed of title that the LA Assessor's refused to investigate yet once my grandmother passed they tried to probate the property and of... View More

James L. Arrasmith
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answered on Jun 27, 2024

I understand you're dealing with a complex situation involving potentially fraudulent property deeds and probate issues. This is a serious matter that requires professional legal assistance. Here's a summary of the key points and some general advice:

Key points:

1. You...
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2 Answers | Asked in Family Law, Real Estate Law and Probate for California on
Q: I have two relatives who have fraud recorded Title Deed register with Los Angeles County Assessor's Office and the C.R.O

So that could place there name on title . And I have the documents number that shows bonafide gift was given to me same document number they used as purchased deed of title that the LA Assessor's refused to investigate yet once my grandmother passed they tried to probate the property and of... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 29, 2024

Thank you for your question!

It seems that some relatives added their names to your title. You need quiet title action based on fraud to remove them from your property and stop them from doing so again in the future. Your title is unmarketable now, and you will have a problem selling the...
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2 Answers | Asked in Real Estate Law, Probate, Wrongful Death and Estate Planning for California on
Q: Who take time to help reclaim my property with out reassessment since it given to me in a trust that when my grandparent

Passed the property went right into my name with out me having any knowledge of this gift of trust but do to greed and fraudulent recorded records by from the county clerk office aunt and uncle have put there names of title more than once . They taken control of my trust with very dirty trick in... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 29, 2024

Thank you for your question!

It seems that some relatives added their names to your title. You need quiet title action based on fraud to remove them from your property and stop them from doing so again in the future.

The terms of the trust control who is in charge of the assets. If...
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2 Answers | Asked in Real Estate Law, Probate, Wrongful Death and Estate Planning for California on
Q: Who take time to help reclaim my property with out reassessment since it given to me in a trust that when my grandparent

Passed the property went right into my name with out me having any knowledge of this gift of trust but do to greed and fraudulent recorded records by from the county clerk office aunt and uncle have put there names of title more than once . They taken control of my trust with very dirty trick in... View More

James L. Arrasmith
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answered on Jun 27, 2024

I'm sorry to hear about your difficult situation and the loss of your son. It sounds like you're dealing with a complex legal matter involving trusts, property rights, and potential fraud. This situation requires professional legal assistance. Here are some steps you might consider:... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Should I file a exparte motion to set aside a judgement that was in excess of courts limit and a write was issued
James L. Arrasmith
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answered on Jun 27, 2024

Filing an ex parte motion to set aside a judgment may be appropriate if:

1. The judgment exceeded the court's jurisdictional limit.

2. A writ of execution was issued based on this potentially invalid judgment.

However, to give you more specific advice, I'd need...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Should I file a exparte motion to set aside a judgement that was in excess of courts limit and a write was issued
Delaram Keshvarian
Delaram Keshvarian
answered on Jun 29, 2024

Thank you for your question!

If the timing is proper, you can file a motion to set aside the judgment. File it and serve it to each party. The noticed motion can have:

Notice of the motion, memorandum of authority, Declarations, evidence, judicial notice, proof of service....
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2 Answers | Asked in Real Estate Law and Probate for California on
Q: Does the ASSESSOR charge fees for submitting change of ownership forms in LA, CAL?

I filed a new GRANT Deed AT THE Registrar's office, then emailed the ASSESSOR about the forms that HE NEEDS. THE office sent me a list of 3 forms--Change in OWNERSHIP, PARENT-CHLD exclusion, & HOMEOWNER's exemption, but no list of cost; he also said to sign, scan and email, not go in... View More

James L. Arrasmith
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answered on Jun 26, 2024

This question covers several aspects of property ownership changes and related fees in Los Angeles County, California. I'll address each part of the question:

1. Assessor's fees for change of ownership forms:

Typically, the Los Angeles County Assessor's Office does...
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1 Answer | Asked in Probate and Real Estate Law for California on
Q: How can a petition show ones name decedents estate /than same case number shows probate only with the name is name diff

My name show with case #and date of filing only it state name decedents estate general

Than the following months also the following year and a second petition same case number only this petition shows estate of with his grandmother name now how is that possible the this bonafide in my... View More

James L. Arrasmith
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answered on Jun 26, 2024

I understand you're asking about a complex probate situation in California. Let me try to break down the key points and provide some general information:

1. Multiple petitions under the same case number:

It's possible to have multiple petitions filed under the same probate...
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2 Answers | Asked in Real Estate Law for California on
Q: How can I get the deed to the property I live on our of my dead husbands name and into mine?

My dead husband and his dead ex wife are named on the deed. We were married at his time of death.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 23, 2024

Thank you for your question!

Consult with a real estate attorney to see if you can transfer the property without probate. E.g., joint tenancy with right of survivorship or small estate, etc.

If no non-probate category is applicable, start the probate procedure.

This is...
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2 Answers | Asked in Real Estate Law for California on
Q: How can I get the deed to the property I live on our of my dead husbands name and into mine?

My dead husband and his dead ex wife are named on the deed. We were married at his time of death.

James L. Arrasmith
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answered on Jun 21, 2024

To transfer the deed of the property from your deceased husband's name to yours, you'll need to go through a process called "clearing title." Here are the general steps you should take:

1. Obtain a copy of your husband's death certificate.

2. Determine if...
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2 Answers | Asked in Real Estate Law for California on
Q: Hi, my neighbor built a new house 6 inches on my property and put it up for sale. What should I do?
Delaram Keshvarian
Delaram Keshvarian
answered on Jun 20, 2024

Thank you for your question!

If you stay quiet for 5 consecutive years, you can lose that 6' invaded part of your property due to adverse possession.

You can start negotiations with the neighbor. If it fails, you need to bring a lawsuit against the neighbor for injunction,...
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