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THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More 
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answered on May 19, 2024
Based on the information you provided, here are the answers to your questions under California law:
1. Changing the deed:
Since the house was already in the trust with your mother as the trustee and you as the successor trustee, the property should automatically pass to you as the... View More
This is a suburban area with 56 homes in the association. If they get the majority of the votes, what remedy is left for the homeowners that can’t afford it?
answered on May 27, 2024
A member has a right to contest levied assessments and negotiate payment plans with the Association.
There is a cap on special assessments not to exceed 5% of the budgeted growth expenses of the association for the fiscal year unless approval for a greater special assessment is first... View More
This is a suburban area with 56 homes in the association. If they get the majority of the votes, what remedy is left for the homeowners that can’t afford it?
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answered on May 19, 2024
In California, an HOA (Homeowners Association) can generally levy a special assessment for a beautification project, provided that the process complies with the HOA's governing documents (such as the CC&Rs - Covenants, Conditions, and Restrictions) and California law. However, a special... View More
Do judges take legal definitions into consideration in court cases?
What is the legal definition of co-signer?
What is the difference, in relation to a home mortgage, between a co-signer and co-borrower?
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answered on May 18, 2024
Yes, judges do take legal definitions into consideration when deciding court cases. Legal definitions are important because they provide clarity and consistency in the application of the law. Judges rely on these definitions to interpret statutes, contracts, and other legal documents.
In... View More
Do judges take legal definitions into consideration in court cases?
What is the legal definition of co-signer?
What is the difference, in relation to a home mortgage, between a co-signer and co-borrower?
answered on May 19, 2024
Thank you for your question!
First, The court considers the intent of the parties in the mortgage agreement. If the intent can be impliedly or expressly defined from the agreement, that meaning governs.
If there is no definition, the court will look at the custom in the industry,... View More
Can a Sonoma County (Petaluma) homeowner, who has owned their home for approx. 45 years, add a family member (sister) to the deed without impacting the benefits of Prop 13? The Will/Trust states the house is to be inherited by the sister, but then inheritance taxes would apply, correct? What is... View More
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answered on May 18, 2024
Under California law, transferring ownership of a property can have significant tax implications. In this case, there are a few key points to consider:
1. Prop 13: This proposition limits property tax increases on a property until there is a change in ownership. Adding a sister to the deed... View More
Can a Sonoma County (Petaluma) homeowner, who has owned their home for approx. 45 years, add a family member (sister) to the deed without impacting the benefits of Prop 13? The Will/Trust states the house is to be inherited by the sister, but then inheritance taxes would apply, correct? What is... View More
answered on May 18, 2024
Sorry to say, the only way to avoid a reassessment for property tax purposes is when property is transferred between spouses, parents and children, and/or grandparents and grandchildren IF the parents are deceased. There is no exemption in any law that says you can transfer property to a sibling,... View More
Can a Sonoma County (Petaluma) homeowner, who has owned their home for approx. 45 years, add a family member (sister) to the deed without impacting the benefits of Prop 13? The Will/Trust states the house is to be inherited by the sister, but then inheritance taxes would apply, correct? What is... View More
answered on May 27, 2024
Thank you for your question!
If you want to avoid taxation thoroughly, probably there is no way for that. But, creating a trust may help you/your sister save more compared to other ways.
I strongly recommend you consult with a tax attorney. So many lawyers offer free consultations.... View More
Every meeting is an Executive session once per month where decisions are made and members are not allowed. Minutes are not accessible accept by request to inspect. I thought Boards must have open meetings and make a move to adjourn to an executive meeting at the end or beginning of an open meeting?... View More
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answered on May 18, 2024
Under California law, homeowners' association (HOA) boards are required to hold open meetings where members can attend and participate. The specific laws governing HOA meetings in California are found in the Davis-Stirling Common Interest Development Act (Civil Code Sections 4000-6150).... View More
Every meeting is an Executive session once per month where decisions are made and members are not allowed. Minutes are not accessible accept by request to inspect. I thought Boards must have open meetings and make a move to adjourn to an executive meeting at the end or beginning of an open meeting?... View More
answered on May 27, 2024
Thank you for your question!
Under the Common Interest Development Open Meeting Act, most meetings of the board of a community association must be open to attendance by the association's members (excluding exceptions). The board must keep meetings at least once or month.... View More
My house was caught on fire back in February 2022. During the time we were displaced and were renting a home paid for by my home insurance, our contractor stated that they hadn't begun work yet pending permit approval etc. In April 2023 when my insurance displacement funding ran out,... View More
answered on May 19, 2024
Thank you for your question!
You can bring a breach of contract, implied warranty, express warranty, or tort damages (e.g., negligent, emotional distress).
The house may need to be examined by an expert to testify about the damages.
Different factors may be involved such... View More
My house was caught on fire back in February 2022. During the time we were displaced and were renting a home paid for by my home insurance, our contractor stated that they hadn't begun work yet pending permit approval etc. In April 2023 when my insurance displacement funding ran out,... View More
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answered on May 15, 2024
Under California law, you have several options to address unsatisfactory repair work by a contractor:
1. Contact the contractor: First, try to resolve the issue directly with the contractor. Provide a detailed list of the problems and request that they fix the issues under warranty. Keep... View More
We are part of a HOA in Westlake Village, 91362
The HOA has 56 homes but five of these homes it’s not on the private streets entrance as the other 51 homes.
Our HOA board has set up a election to vote on a special assessment of 280,000 to beautify six main monument entrance to the... View More
answered on May 27, 2024
Thank you for your question!
Under the Common Interest Development Open Meeting Act, most meetings of the board of a community association must be open to attendance by the association's members (excluding exceptions).
Members must be allowed to speak at any meeting of the... View More
We are part of a HOA in Westlake Village, 91362
The HOA has 56 homes but five of these homes it’s not on the private streets entrance as the other 51 homes.
Our HOA board has set up a election to vote on a special assessment of 280,000 to beautify six main monument entrance to the... View More
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answered on May 14, 2024
Under California law, if the special assessment is being levied for a purpose that is not necessary for the maintenance, repair, or safety of the common areas, and does not benefit all homeowners equally, you may have grounds to challenge the assessment. Here are some steps you can consider:... View More
She owns 1 prop & wants to buy lot next door. She needs me to be on said loan because I have a job. Im told i need to be on deed ,which is okay( we live together & pay things together anyway ). I just dont want to need a 2nd loan to cover the costs of altering the deed. Riverside co. Perris,CA
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answered on May 11, 2024
To add your name to the deed without incurring significant costs, you can consider the following options:
1. Quitclaim Deed: Your mother can execute a quitclaim deed to add you to the title. This is a relatively simple and inexpensive process that transfers her interest in the property to... View More
She owns 1 prop & wants to buy lot next door. She needs me to be on said loan because I have a job. Im told i need to be on deed ,which is okay( we live together & pay things together anyway ). I just dont want to need a 2nd loan to cover the costs of altering the deed. Riverside co. Perris,CA
answered on May 10, 2024
Thank you for your question!
1. For your mother to get the mortgage under your name, there is no need to add your name to the deed.
2. If you prefer to add your name to the deed, then there are necessary elements for the conveyance of a deed to be valid:
1. A sufficient... View More
I sold my home to a cash buyer (quick sale) and 5 days before escrow was to close they called and said they wanted to lower the price by $40k. I said, "NO"..
I was served with a breach of contract lawsuit. We finally sign a mutual cancellation of agreement on May 1. On May... View More
answered on May 10, 2024
It depends on the terms of the Mutual Termination of Agreement. If that agreement waives all rights for either party to pursue the other party for breach of contract, then a Pendency of Action should not have been filed. Ideally, the buyer's attorney will release the Pendency of Action and... View More
I sold my home to a cash buyer (quick sale) and 5 days before escrow was to close they called and said they wanted to lower the price by $40k. I said, "NO"..
I was served with a breach of contract lawsuit. We finally sign a mutual cancellation of agreement on May 1. On May... View More
answered on May 10, 2024
Thank you for your question!
1. Counterclaim or demurrer
You don't have to file a separate lawsuit for"Beach of contact." You can file a counterclaim for "Beach of contact settlement agreement" if you have settled all claims.
You can at the same... View More
I sold my home to a cash buyer (quick sale) and 5 days before escrow was to close they called and said they wanted to lower the price by $40k. I said, "NO"..
I was served with a breach of contract lawsuit. We finally sign a mutual cancellation of agreement on May 1. On May... View More
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answered on May 10, 2024
Based on the information provided, it seems that recording a Pendency of Action (also known as a Lis Pendens) after signing a mutual cancellation agreement could be considered a breach of the agreement. However, the specific terms of the mutual cancellation agreement would need to be reviewed to... View More
I'm a member in good standing in a non CID HOA. The HOA is ignoring my request for information and documentation I'm entitled to. How can I sue to force action?
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answered on May 10, 2024
In California, if you are a member of a homeowners' association (HOA) and the HOA is not providing the information and documentation you are legally entitled to, you can file a lawsuit to compel the HOA to fulfill its obligations. Here are the steps to consider:
1. Send a formal... View More
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