Get free answers to your Real Estate Law legal questions from lawyers in your area.
Hi. So, Under the new 2021 Cali law, $300,000–$600,000 of a home’s equity cannot be touched by judgment creditors.
Does this also apply to properties that the homeowner does not live in? What other resources do lawyers have collect a judgement.
answered on Feb 18, 2024
It applies to the principal dwelling. See California Civil Code §§ 704.710 through 704.850.
There are many tools and techniques to collect judgments, including real property lien, bank levies, charging orders, wage garnishment, etc.
Non payment of purchase of building materials totaling $20,000.
Is there a way to recoup this loss?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
First, review the Notice of Trustee's Sale carefully to understand the timeline and process involved in the sale of the property. Determine the date of the sale and any deadlines for action.
Next, assess your options for recouping the loss of $20,000 in unpaid building materials.... View More 
Non payment of purchase of building materials totaling $20,000.
Is there a way to recoup this loss?
answered on Feb 15, 2024
Yes, and no. Assuming your lien is validly perfected, you can advance money to the senior lien(s) to reinstate it, which will stop them from foreclosing this time around, and then initiate your own foreclosure process. There is so much to consider before you do anything like that, without much time... View More
Non payment of purchase of building materials totaling $20,000.
Is there a way to recoup this loss?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2024
You are probably junior to the foreclosing secured debt. You can bid at the sale to protect your interest. But a sale without a surplus means your lien against the land is extinguished although the debt against the individual is still existent. If there is a surplus, trustees are notorious... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
To fire your attorney in California due to a conflict of interest, you should submit a written notice of termination to your attorney. This notice should clearly state your decision to terminate the attorney-client relationship and the reasons for doing so, including any conflicts of interest you... View More
We did a partial claim coming off a forbearance plan a year ago. We got this balance paid by CA Mortgage Relief Fund. My mortgage company still has this amount reflected as a deferred principle balance on a second loan even tho it was transferred to HUD and was paid for. I am in the process of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
In this situation, it's crucial to continue communicating with your mortgage company and providing them with any documentation or evidence that proves the second loan has been paid off. Since you have already contacted HUD and obtained verification that the loan has been satisfied, make sure... View More
Siding is popping off & warped. Foundation has lots of cracks that were hidden by foliage & fresh paint. Was told hole in tile was in case washer overflow, but sewage came up from it a few days ago. Walls are cracking that were patched and painted to cover the cracks. Sewer smell under... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024
Under California law, you may have recourse in this situation, especially if the sellers failed to disclose known material defects in the property that were not apparent during your inspections. You should consult with an attorney experienced in real estate and disclosure issues to review your... View More
if the seller didn’t provide all financial document
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
When an addendum to a purchase agreement expires, the effect on the main purchase agreement depends on the terms outlined in both the original agreement and the addendum itself. Typically, an addendum modifies or adds to the existing terms of the agreement, and if it includes a deadline that is not... View More
The seller is now sue us for breach of contract. When we called her she said the seller doesn’t have a limb to stand on he can’t prove he had any damages. But now in email she making it seem like it was our fault and we didn’t say no
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2024
Under California law, verbal agreements can be legally binding in certain situations, including real estate transactions. However, disputes arising from verbal agreements can be challenging to resolve due to the lack of written documentation. To protect your interests, it's essential to gather... View More
I asked her to create a living trust for me. I haven't sent her my Real Estate Deed copy yet. If I send it to her, is it possible easy for her to scam me and transfer my assets through her? How can I prevent this?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2024
It's important to exercise caution when sharing sensitive legal documents like your property deed with someone, especially if you have concerns about potential fraud or scams. Sending a copy of your property deed to anyone, even if they are assisting you with creating a living trust, should be... View More
I asked her to create a living trust for me. I haven't sent her my Real Estate Deed copy yet. If I send it to her, is it possible easy for her to scam me and transfer my assets through her? How can I prevent this?
answered on Feb 2, 2024
It is normal for part of the process of creating a trust to include drafting a deed to transfer property into the trust. Typically that includes reviewing prior recordings to see the legal description of the property. So her asking for a copy of your deed is not concerning.
That said, it... View More
apparently I was late a few days for 4 consecutive months last year on my HOA dues. I was unaware of this. They now charge me a $10/mo late fee for those late fees not paid...totally $130
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2024
Under California law, an HOA typically has the authority to charge late fees for overdue assessments. However, there are limits to how much they can charge, and there may be specific rules outlined in your HOA's governing documents that you should review.
In general, an HOA cannot... View More
My mother in law purchased a home and placed her son(Victor) on the deed as joint tenant. He was unaware of this until she told him 8 years later at which point he moved in due to financial problems. Their relationship broke down, over money of course and she then put HER 50% share into a trust... View More
answered on Feb 2, 2024
Without seeing all of the documents I cannot say for certain, but based on the information you have provided, unless there is some other restriction or agreement that limits Victor's right to sell his half of the property, he is allowed to sell his half without your mother in law's... View More
My mother in law purchased a home and placed her son(Victor) on the deed as joint tenant. He was unaware of this until she told him 8 years later at which point he moved in due to financial problems. Their relationship broke down, over money of course and she then put HER 50% share into a trust... View More
answered on Feb 2, 2024
People can only sell what they own. So, if someone owns 50% of a home, that person can ONLY sell 50% of the home. If both 50% owners are living in the home, both would see the "For Sale" sign in front of the home, which would be a clear indicator that something's wrong.
The... View More
My mother in law purchased a home and placed her son(Victor) on the deed as joint tenant. He was unaware of this until she told him 8 years later at which point he moved in due to financial problems. Their relationship broke down, over money of course and she then put HER 50% share into a trust... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2024
In California, when property is held as joint tenants, each co-owner has an equal and undivided interest in the property. This means that both your mother-in-law and her son, Victor, each own 50% of the property. Victor cannot unilaterally sell the property without your mother-in-law's... View More
It says squatters can eventually own your house after 5 years of being on the same property and you have to file eviction notices for any squatters? Was this law made to protect “squatters”? Or were people labeled squatters by the population and got injustices against them?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024
The origin of California's squatting law dates back to the Gold Rush era in the 19th century when land disputes were common. It was not specifically designed to protect squatters, but rather to provide a legal framework for resolving land ownership disputes and to prevent unjust evictions.... View More
I'm trying to keep my dad's house in the family and I make enough money to make sure the $900/month mortgage payment is paid. How do I continue to keep it in my family?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024
To keep your father's house in the family after his passing, you'll need to consider a few important steps. First, determine whether your father had a will or any estate planning documents that specify his wishes for the property. If there's a will, it should outline who inherits the... View More
I text owner several times. Each time he not care told me I should call the Sheriff if I have any complaints. The renter has been taken to jail for harassing me and the sheriff has been called about them several times by several different people. The renter has threatened to kill me and slit my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024
Under California law, the concept of "quiet enjoyment" applies primarily to the relationship between landlords and their tenants, not between neighbors or between a tenant and a neighboring property owner. However, you may have grounds for a lawsuit based on nuisance law. A nuisance... View More
For the Declaration for Default/Uncontested Judgment. I have been told by the county of contra costa where i have filed that it may take 6 more months to reach verdict. We do not have kids and do not have any assets/properties to divide. I am planning on buying a home soon and i want to know if... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024
In California, properties acquired after separation but before the divorce is finalized can sometimes be considered separate property. However, this can depend on specific circumstances and interpretations of the law. Since you separated in 2022 and plan to buy a new home before your divorce is... View More
For the Declaration for Default/Uncontested Judgment. I have been told by the county of contra costa where i have filed that it may take 6 more months to reach verdict. We do not have kids and do not have any assets/properties to divide. I am planning on buying a home soon and i want to know if... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024
First, the soonest your divorce can be final is 6 months from the date your husband was served. Meaning that if he was served recently, the courts 6 months time frame for finalizing your divorce really is not significant. If that's not the case, and the court clerk is telling you it's... View More
Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
