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We filed against our contractors bond because he abandoned the job and his worked caused an injury and is faulty. He has subsequently filed a bogus mechanics lien and not followed the law for filing it.
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answered on Feb 24, 2024
In California, if you're facing a fraudulent mechanic's lien filed by a contractor, there are specific steps you can take to fight it. First, it's important to gather all relevant documentation, including any contracts, correspondence, and evidence of the work performed (or not... View More 
I have a California real estate llc with many debts and it’s not currently operational due to 3 years of ongoing divorce proceeding in San Diego, CA. Do I need an attorney for any type of llc bankruptcy and how much would it cost?
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answered on Feb 24, 2024
In California, while it's technically possible to file for bankruptcy on your own behalf, including for an LLC, navigating the complexities of bankruptcy law and proceedings usually requires professional legal assistance. This is especially true for businesses such as an LLC, where the... View More
I am planning to serve a SUBP-001 subpoena to an employee at the local YWCA for an upcoming hearing, specifically a Motion to Set Aside the Previous Minute Order. However, when a registered server attempted to serve them, they refused, stating that “their policy does not allow individual... View More
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answered on Feb 22, 2024
In California, when serving a subpoena (SUBP-001), the law requires that it be properly served on the individual named in the subpoena. If an initial attempt to serve a subpoena is refused, using a sheriff or a registered process server is a common and legally recognized method to ensure the... View More
landlord offered lease to vacate for a remodel. then did not give a commercially reasonable effort to fulfill lease terms. changed lease terms and offered a shed in backyard to makeup for lost space take it or leave it or purchase the unit.
lease terminates after three years without taking... View More
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answered on Feb 22, 2024
In California, commercial landlords are expected to adhere to the terms of the lease agreement, including any provisions related to construction and tenant improvements. If a landlord significantly delays construction beyond the estimated timeline without a commercially reasonable effort or... View More
I am interested in the foreclosure auctions, and can read the public records, generally. I need to get a better understanding on how to verify loan positions, foreclosing loans, reconveyances and assignments.
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answered on Feb 22, 2024
Hi there. Here are some general tips on researching public foreclosure information in California:
- The county recorder's office has public records on all property transactions, including deeds of trust, assignments, notices of default, and trustee sale deeds. These can help you... View More
Hello, my car was damaged because of HOA negligence.
There was a leak in the garage, I asked for it to be fixed for 6 months and they didn’t so the paint is damaged and it will cost $2000 to fix.
Now the leak was fixed because I said I would make them pay for it.
Do I... View More
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answered on Feb 22, 2024
Since you are renting, the best approach legally would be to go after the HOA rather than your landlord for the damages to your car. Here's why:
- The HOA had the responsibility to maintain and repair issues with the garage, so they would be liable for negligence leading to property... View More
We purchased a home about 2 years ago. The MLS listing states FULLY PAID SOLAR (we still have a copy of the listing and it is still live on Zillow)! We purchased this home and made our offer due to this feature. After purchasing the house we found that it was actually leased solar which we needed... View More
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answered on Feb 22, 2024
Your situation raises concerns about potential misrepresentation or nondisclosure in the real estate transaction. The listing's assertion of "FULLY PAID SOLAR" when in fact the solar system was leased constitutes a significant discrepancy that could have impacted your decision to... View More
The property is located in Orange County CA
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answered on Feb 22, 2024
In California, if a property is subject to a trustee sale and there is a valid mechanic's lien in place, the lien may still have priority depending on the timing of the lien and the deed of trust being foreclosed on. Mechanic's liens for work performed on the property can take priority... View More
Nothing of the existing structure was visible from my house. It had been this way since I bought my house in 1998. It is in the framing process now. Not sure about roofline. It is already effecting the best part of my ocean view. We are on opposite sides of a freeway. Not sure if I should have been... View More
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answered on Feb 21, 2024
Based on the information provided, it is likely legal for your neighbor to tear down their existing single-story home and build a new two-story home, even if it impacts your ocean view. However, there are a few things to explore that may provide some recourse:
- Check if there are any local... View More
My properties sold under tax default now the same agency that sold them has stated they made a mistake and I over paid said taxes I want to reclaim my properties and file suit on the agency
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answered on Feb 21, 2024
In your situation, seeking legal representation experienced in real estate and tax law is crucial, especially given the complexities of property sales under tax default and subsequent claims against a governmental agency. Attorneys with a focus in these areas will be able to navigate the legal... View More
Lawyer said he will owe her 45,000.00! His house is 100% inherited, but to refinance the loan on it he used to buy me out (his sister), he was forced to sign a quit claim to half the property? He never meant to give her his inheritance. He needed to buy me out. I'm thinking the 45k... View More
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answered on Feb 21, 2024
In California, property acquired through inheritance is generally considered separate property and not subject to division in a divorce. However, if your brother refinanced his home to buy you out and added his wife to the deed through a quitclaim, this could have converted what was once separate... View More
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answered on Feb 21, 2024
In California, after a tax-defaulted property is sold, the proceeds from the sale, after deducting the amount owed for taxes and the costs associated with the sale, are typically due to the former property owner. The county has specific procedures and timelines for disbursing these excess proceeds... View More
May give another offer. But the rest of agreement remains the same. Does this mean purchase agreement expired unless it written ? It was extended bc dual diligents seller didn’t provide all financial document. But the seller is sue
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answered on Feb 21, 2024
The clause in your amendment/addendum to the purchase agreement, stating it shall expire by a certain date unless accepted in writing by both parties, typically means that the terms of the amendment/addendum are no longer valid after that date unless both parties have agreed in writing to extend... View More
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answered on Feb 21, 2024
While oral agreements can sometimes be legally binding, they can be challenging to prove in court, especially if there is a dispute. Therefore, it is advisable for parties to communicate important terms, agreements, and negotiations through written means, such as emails, letters, or formal... View More
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answered on Feb 21, 2024
Under California law, advertising a property as "just sold" when you are the selling agent may not be accurate unless certain conditions are met. The California Department of Real Estate (DRE) imposes strict regulations on advertising to ensure transparency and prevent misleading... View More
Solar company emailing me daily to do credit check to transfer lease, I specifically bought home because of paid solar. Title Co. said other realtor admitted to knowing it was leased after home closed but not disclosed? not sure which way to go now>
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answered on Feb 21, 2024
In California, the misrepresentation of a home's features, such as stating that a solar panel system is owned when it is actually leased, can be a serious issue. The seller and their agent have a duty to disclose material facts about the property, including the status of solar panel ownership,... View More
I think there is a higher offer and they are waiting for escrow to expire
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answered on Feb 21, 2024
If you suspect that the delay in closing the sales contract is due to a higher offer, it's essential to communicate your concerns with your real estate agent or broker. They can provide insights into the status of the transaction and any potential competing offers. Additionally, you may want... View More
My parents, ages 82 & almost 81, want to get out of their timeshare but the TS won't let them out & told them to get a lawyer. The problem is they can't afford a lawyer. Is there a legal way my parents can force the timeshare to let them out without hiring a lawyer?
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answered on Feb 21, 2024
Your parents may have options to exit their timeshare without hiring a lawyer, but it can be challenging without legal assistance. One option is to negotiate directly with the timeshare company to see if they are willing to release your parents from their contract voluntarily. Your parents can... View More
My mother, who passed 2 months after my dad claimed his home and gave it to my half sister and left me entirely out although I lived with my dad and took care of him. He told me I would get his home in conversations. Because of undue influence my mother left it to my half sister who moved in... View More
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answered on Feb 20, 2024
In California, the laws of intestate succession determine heirship in cases where there is no valid will, or a will is contested. If your father did not have a will stating his wishes regarding his property, and your mother claimed the property and then passed it to your half-sister, the situation... View More
She does not work , refuses to work , won’t qualify for the home on her own , won’t sell, she’s renting the rooms to pay the house rent , I don’t even live in the home , I don’t know what to do to get out of this situation we are beyond speaking terms. It’s been 7-8 years , we had... View More
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answered on Feb 20, 2024
In California, being on both the deed and the loan of a house ties you legally and financially to the property. If your co-signer, in this case, your mother, refuses to refinance or sell the house, your options may seem limited, especially if she cannot qualify for a loan on her own due to lack of... View More
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