Get free answers to your Real Estate Law legal questions from lawyers in your area.
1) Tenant is on a month-to-month implied tenancy (for last 5 years) without any lease in Los Angeles County. The landlord (owner) intends to sell the property to a private buyer without listing it in the market for sale, so no showing to anybody. Prospective buyer also does not want to view the... View More
answered on May 4, 2024
Here are the key points regarding your questions about notice periods and selling a rental property with a month-to-month tenant in Los Angeles, CA:
1. Notice period for intent to sell:
- For a month-to-month tenancy in Los Angeles, the landlord is not legally required to provide... View More
My son was given financial POA to help me in July 2021. He sold my home in Stockton, CA for 1.75 million and reinvested in a property in Mesa AZ we could all live in together. BUT he put his wife on title and not me! I spent 3 mos. with them in AZ and was subjected to a LOT of verbal abuse and... View More
answered on May 3, 2024
I'm so sorry to hear about the terrible situation you've been through with your son and his wife. What they have done is completely unacceptable - verbally abusing you, misusing the power of attorney to take control of your assets, and refusing to add you to the title of the Arizona... View More
My son was given financial POA to help me in July 2021. He sold my home in Stockton, CA for 1.75 million and reinvested in a property in Mesa AZ we could all live in together. BUT he put his wife on title and not me! I spent 3 mos. with them in AZ and was subjected to a LOT of verbal abuse and... View More
answered on May 3, 2024
Thank you for asking the question!
Under Elder Abuse and Dependants Adult Civil Protection ACT (EADACPA), when there is a finding of "financial abuse," a deed converting title to real property executed by an elder (older than 65 year old) or dependent adult may be subject to... View More
Judgment entered Aug. 1, 2011
Abstract issued on Sep. 21, 2011
They filed to add Interest in 2018 but they never filed a renewal of judgment
answered on May 1, 2024
In California, if a judgment creditor fails to renew a judgment within 10 years, the judgment automatically expires, and the associated Abstract of Judgment Lien becomes unenforceable. However, to clear the lien from the property's title, you may need to take a few steps:
1. Check the... View More
He rents his unit and has a property management company who cannot reach him either. What legal recourse does the COA have?
answered on May 1, 2024
In California, when a condominium owner fails to pay their association fees, the condominium owners' association (COA) can take several steps to address the delinquency. Here’s a general outline of the process:
1. Notification: The COA will typically begin by notifying the homeowner... View More
He rents his unit and has a property management company who cannot reach him either. What legal recourse does the COA have?
answered on May 1, 2024
Under California law, when a condo owner fails to pay their COA (Condo Owners Association) dues, the association typically has several legal recourses. Initially, the COA can place a lien on the property for the amount of the unpaid dues. This lien can eventually lead to foreclosure if the dues... View More
What is the new owner rights? Previous owner died and the property is under a trust. But the mortgage defaulted in the last month's of last year. Worst case scenario on our part?
answered on Apr 30, 2024
Thank you for asking the question!
There is a duty of disclosures in general real property sale transactions. But, the properties you buy in the foreclosure asset a more limited and narrower duty of disclosure on the foreclosing party.
The are obliged to reveal defects that they... View More
What is the new owner rights? Previous owner died and the property is under a trust. But the mortgage defaulted in the last month's of last year. Worst case scenario on our part?
answered on Apr 30, 2024
Assuming it was a foreclosure auction, there is no warranty of title or occupancy at the time of sale. The new owner has the right to possession subject to the protecting tenants at foreclosure act which requires the new purchaser to honor the existing lease. The eviction process is a possible... View More
What is the new owner rights? Previous owner died and the property is under a trust. But the mortgage defaulted in the last month's of last year. Worst case scenario on our part?
answered on Apr 30, 2024
Under California law, when you purchase a property through an auction, you are generally buying the property "as is," which means that you are accepting the property in its current condition, including any existing tenancies. However, the specific rights and obligations of the new owner... View More
answered on Apr 28, 2024
I'm so sorry to hear about your situation. It sounds like a truly awful experience and I can only imagine how difficult and stressful this must be for you.
Based on what you've described, it seems the attorney may have committed legal malpractice and/or fraud by taking the... View More
answered on Apr 28, 2024
I am so sorry for you having to go through this hardship!
Attorneys can keep the fund that's not clear whether belongs to them or their clients. The undisputed amount of fund they receive must be sent to the client.
If there is any type of dispute between you and the... View More
answered on Apr 23, 2024
In California, it is uncommon for traditional fixed-rate or adjustable-rate mortgages to have a balloon payment requirement. However, there are a few scenarios where a balloon payment might be required:
1. If you have a non-traditional mortgage, such as an interest-only loan or a short-term... View More
answered on Apr 29, 2024
Thank you for asking the question!
Balloon payments are severely restricted after 2013, however they are still being used for some types of loans such as Permanent loans.
Permanent loans are payable on demand or on a fixed maturity date (that are not construction loan).
1.... View More
Do the children of the ones who passed have legal rights to the house?
answered on Apr 27, 2024
In general, if there is any trust or will, the assets (heritage) is distributed according to that document. It is possible to contest the trust or will in certain circumstances. If there is no will or trust, when a descendant dies, the heir that he would have received, would go to the... View More
Do the children of the ones who passed have legal rights to the house?
answered on Apr 22, 2024
Under California law, the rights of the deceased children's heirs (including their own children) to the grandmother's house depend on several factors:
1. Whether the grandmother left a will: If the grandmother had a valid will that specified how her estate should be distributed,... View More
My husband and I suspected we had mole and asked that an analysis be conducted by the insurance company. The analysis was done, but we thought it would include air quality testing, but it didn't. We received the findings and were told that the mole would be caused by an increase in rain within... View More
answered on Apr 21, 2024
I understand your concern and frustration with this situation. It seems that there may be a few issues at play here:
1. In California, an insurance company can generally cancel a homeowner's policy for various reasons, including if they determine that the risk of insuring the property... View More
My husband and I suspected we had mole and asked that an analysis be conducted by the insurance company. The analysis was done, but we thought it would include air quality testing, but it didn't. We received the findings and were told that the mole would be caused by an increase in rain within... View More
answered on Apr 30, 2024
Thank you for asking the question!
Your insurance policy governs your and your insurance performance. Check there is the provision in your policy that states "structural changes" to property makes the agreement viable.
Even if such a language exists, you should evaluate:... View More
In the docs, she's mentioned as co-trustee and is at least be given $50k while her brother has purchased a yacht, Corvette and has taken funds to establish a new trust called the MORGAN LONG FAMILY TRUST! The trust amount is over $10mm
answered on Apr 22, 2024
It sounds like your friend's situation is quite complex. If your friend was previously deemed incapacitated but is now able to inherit from a trust, it suggests that there have been significant legal and perhaps medical changes in her circumstances.
It's good to hear that... View More
In the docs, she's mentioned as co-trustee and is at least be given $50k while her brother has purchased a yacht, Corvette and has taken funds to establish a new trust called the MORGAN LONG FAMILY TRUST! The trust amount is over $10mm
answered on May 11, 2024
Thank you for your question!
You do not need to be competent to be the beneficiary of a trust, but you need competency to be a trustee.
The sister here should have received her benefits under the trust regardless of her incapacities (except under certain situations that were... View More
answered on Apr 27, 2024
The issue has two different components: 1.Trust 2.Mortgage
1. Trust: When the title of a property is in trust, the trustee make decisions about the management of the title according to trust words. Even though, There are ways to challenge trustee or trust itself, usually beneficiaries have... View More
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