I’ve been living in the home consecutively for the last 12 years, and have made improvements to the home as well as all utilities are in my name. However when it comes to the taxes I would give a family member the money to pay them for me -whom last year became the administrator over the estate... View More 
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answered on Feb 29, 2024
In California, to claim ownership of a property through adverse possession, you must meet specific criteria, including possessing the property openly and notoriously, exclusively, continuously for a period of five years, and paying the property taxes during that time. Given that you've lived... View More
After a friend's death I found a transfer on death deed in his papers. Thinking I just needed to file it I did just that. He hadn't filed it before he died. Now the property can't be sold because of this. the probate court says it's not part of probate. The county accessor sees... View More
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answered on Feb 28, 2024
Here are the steps you can take to try to remove an invalid transfer on death (TOD) deed in California:
1. File a petition in probate court to revoke the TOD deed. Even though the county says the deed is invalid, getting a court order for revocation would provide the best legal backing.... View More
My real estate LLC has been destroyed by years of family court divorce proceeding which have left the company unable to maneuver its holdings, operate, or pay it's high interest rate short term notes that are now all in default. Is an attorney reuired for an LLC bankruptcy and can I get rid of... View More
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answered on Feb 28, 2024
Navigating bankruptcy for a California real estate LLC can be complex and challenging, particularly when the company is entangled in difficulties such as those you've described. While you aren't legally required to have an attorney to file for bankruptcy, the intricacies of bankruptcy law... View More
My mom is about to get a mechanical lein placed on her home mid March. She hired a company to clean and insulate the attic valued at 7200.00. She did not sign a contract. I her son signed an agreement in good faith. So far they don't want to work with us. They want either two installments or... View More
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answered on Feb 28, 2024
Under California law, a mechanic's lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. If a mechanic's lien is placed on your mother's home, it's crucial to address it promptly to avoid... View More
My parents bought condo &house and y grandparents cosigned. When grandfather died grandma dementia got bad, so my uncle put the my parents houses in trust. Can he do that?
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answered on Feb 26, 2024
Under California law, the ability to transfer property into a trust depends on who holds the title to the property. If your parents are the rightful owners of the condo and house, typically, only they have the authority to transfer their property into a trust. Co-signing on a loan does not grant... View More
There wan't any indication of any problem with the toilet that could be seen in my condo, so that it does not seem that I was negligent. The toilet was in the condo when I bought it. Am i legally responsible for the damage to the other condo?
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answered on Feb 26, 2024
Under California law, the issue of liability for water damage stemming from invisible leaks, such as from a toilet, often hinges on the concept of negligence. If there was no way for you to have known about the leak—meaning there were no visible signs or indications of a problem—you may argue... View More
After a friend's death I found a transfer on death deed in his papers. Thinking I just needed to file it I did just that. He hadn't filed it before he died. Now the property can't be sold because of this. the probate court says it's not part of probate. The county accessor sees... View More
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answered on Feb 26, 2024
In California, a Transfer on Death (TOD) deed must be recorded within 60 days of the date it was signed to be valid. If you've filed a TOD deed after this period, and it's now causing issues with property transfer, there are steps you can take to address the situation. Since the probate... View More
The estate is currently in probate. Our neighbor has torn down half our fence already without my consent. The survey her surveyor made will disrupt the function of our driveway and we will not be able to drive to our garage. It is currently 9 feet and 2 inches wide which already very narrow. We... View More
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answered on Feb 26, 2024
In California, when facing a dispute involving real estate, especially one as urgent as yours with potential for significant property impact, seeking legal assistance promptly is crucial. Since you're looking for pro bono services, you might consider reaching out to local legal aid... View More
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
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