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1 Answer | Asked in Real Estate Law and Construction Law for California on
Q: How to fight a fraudulent lien from a contractor

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.

James L. Arrasmith
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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

1 Answer | Asked in Bankruptcy, Real Estate Law and Business Law for California on
Q: Is an attorney required in California for an llc bankruptcy to be completed

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?

James L. Arrasmith
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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

1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for Oregon on
Q: Can someone trespassing on your property record you even when you have told them they may not?

The area where the person was recording was NOT visible from anywhere in view or even by air (think thick grove of trees). The person being filmed was clear about not being recorded. No crime of any kind was being committed by the landowner. The person filming was trespassing after being told not... View More

James L. Arrasmith
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answered on Feb 24, 2024

In Oregon, recording someone without their consent in a private place where they have a reasonable expectation of privacy is generally illegal. If you explicitly told the person not to record you on your property and they proceeded to do so anyway, their actions may constitute a violation of your... View More

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Rights for Texas on
Q: If I paid for a package for real estate licensing but got sick with a chronic illness can I get a refund?

I purchased a real estate package course however I got diagnosed with a chronic illness and was not able to attend school. I do have documents some are from my attorneys who are helping me file a disability claim or an SSDI claim. I guess my question would be is it right practice for them to... View More

James L. Arrasmith
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answered on Feb 24, 2024

While it ultimately depends on the policies of the institution or company from which you purchased the real estate licensing package, many organizations have provisions for refunds or accommodations in cases of unforeseen circumstances such as illness or disability. Providing documentation of your... View More

1 Answer | Asked in Civil Rights, Estate Planning, Family Law and Real Estate Law for Puerto Rico on
Q: How does PR verify or confirm if there are additional heirs entitled to inheritance? is the heir process a civil process

I was raised by my grandparents and potentially found out through ancestry.com that my grandma may have had children from a previous marriage. If she did, they were not born or raised in PR, but neither was I. Do I need to disclose potential/alleged children if I don't have legal confirmation... View More

James L. Arrasmith
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answered on Feb 24, 2024

In Puerto Rico, the process of verifying heirs and confirming entitlement to inheritance typically involves a civil procedure overseen by the courts. If you suspect that there may be additional heirs entitled to inheritance, it's important to disclose any information or evidence you have, even... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: I ask my uncle to get me a house with my money but I later get to see it that his name is on the property as owner
James L. Arrasmith
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answered on Feb 23, 2024

If you provided the funds for purchasing the house and your uncle agreed to buy it for you, it's understandable that you would expect your name to be on the property as the owner. However, if your uncle's name is the only one listed on the property, it may indicate a discrepancy between... View More

1 Answer | Asked in Real Estate Law for New Mexico on
Q: May New Mexico HOA Board members meet informally to discuss possible agenda issues in private, if no decisions are made?

These are informational discussions with no voting or decisions, to help us create the agenda for the monthly Open Board Meetings and come prepared to discuss and vote on items.

James L. Arrasmith
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answered on Feb 23, 2024

In New Mexico, while informal discussions among HOA Board members regarding possible agenda issues may seem innocuous, it's essential to be mindful of state laws regarding open meetings and transparency. Even if no decisions are made during these discussions, if a quorum of Board members is... View More

1 Answer | Asked in Contracts and Real Estate Law for Nebraska on
Q: 3 years ago my father in law bought my husband and I a house we agreed to pay it back over 3 years

Fast forward 3 years we paid it off with him on time and he is refusing to give us the deed and hold up his side of the deal he is trying to kick us out and take our house. What can we do?

James L. Arrasmith
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answered on Feb 23, 2024

In your situation, it's important to gather all documentation related to the agreement you had with your father-in-law, including any written contracts, receipts of payments made, and correspondence discussing the terms of repayment and transfer of the deed. This evidence will be crucial in... View More

2 Answers | Asked in Family Law and Real Estate Law on
Q: Is it possible for me to formally object to the donation of my family's land so that it cannot be given to someone else?

My mother, under the influence of other people, wants to donate her land to another person without giving it to her legal heir.

James L. Arrasmith
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answered on Feb 23, 2024

Yes, it is possible for you to formally object to the donation of family land in order to prevent it from being given away to another person. Here are a few options to consider:

1. File a lawsuit to prevent improper transfer: As the legal heir, you can file a lawsuit seeking an injunction...
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1 Answer | Asked in Real Estate Law for Georgia on
Q: Good morning, How would i go about suing someone that sold me a house that was already sold, and refuses to pay me back?
James L. Arrasmith
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answered on Feb 23, 2024

Good morning! If you find yourself in a situation where you've purchased a house that was already sold to someone else and the seller refuses to refund your money, taking legal action might be necessary. Initially, gathering all related documentation, such as the contract of sale,... View More

2 Answers | Asked in Personal Injury, Real Estate Law and Tax Law on
Q: How do I sue a state agency for negligence

Lost properties for tax default when after they sold at auction the agency has stated that they made a mistake and want me to except my overpayment monies and I was not defaulted and this probate is still on calendar

James L. Arrasmith
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answered on Feb 22, 2024

To initiate a lawsuit against a state agency for negligence, especially in a case where it involves the wrongful sale of properties due to a tax default error, you first need to understand the specific legal procedures and requirements in your jurisdiction. In many cases, before suing a government... View More

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1 Answer | Asked in Real Estate Law, Tax Law and Probate for Kansas on
Q: Hello I'm contacting you today to find out what I needed to do with this petition filed against my mother's property

in accordance to K S A 79-2801 I don't want to lose the house I want to pay the back taxes get transfer of property to my name but I have to answer this petition and I'm not sure on how. I knew it might go in to a tax sale but I know if u have half paid before the day of tax sale you... View More

James L. Arrasmith
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answered on Feb 22, 2024

It's essential to take immediate action to address the petition filed against your mother's property. Start by reviewing the petition carefully to understand the specific claims and allegations being made against the property. Then, gather all relevant documents related to the property,... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Arkansas on
Q: In arkansas Is there a way to claim land if is not showing to be anyone on the county records ?
James L. Arrasmith
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answered on Feb 22, 2024

In Arkansas, claiming land that does not appear to be owned by anyone on county records can be a complex and challenging process. However, there are legal mechanisms such as adverse possession that may allow you to claim ownership of land under certain circumstances. Adverse possession typically... View More

Q: If i have a lot of money can i just buy a huge land like 100acre and do anything on it private house,horses US,Washingto
Tim Akpinar
Tim Akpinar
answered on Feb 22, 2024

A Washington real estate/land use attorney could advise best, but your question remains open for four weeks. You could enjoy many activities on 100 acres of land. But you'd still need to comply with environmental, zoning, public health, and other public rules and regulations, as well as not... View More

1 Answer | Asked in Family Law, Real Estate Law, Business Law and Civil Litigation for California on
Q: How to Serve a Subpoena (SUBP-001)?

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

James L. Arrasmith
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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

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Q: can a commercial landlord drag their feet on construction for six years(estimate six months) until a lease terminates?

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

James L. Arrasmith
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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

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Donation of property requested for easement

I live in Virginia. I just got a letter today from the city asking for me to donate over 1000 Sq ft of my property for a utilities easement. This section would cover the entire width of my front yard back 13ft from the road including my only access to my driveway (its a dead end) and a section of... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Feb 22, 2024

By donating the property, the City will get use of that portion of your property for free. You may get a reduced property assessment from the loss or the shared use of the property, resulting in lower taxes, but the value of your property will also be reduced. If this portion of your property can... View More

1 Answer | Asked in Real Estate Law for California on
Q: I want to get tips on reading recorded documents for properties and their loan positions regarding foreclosure. can pay$

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.

James L. Arrasmith
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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...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Q: HOA negligence: renter to go after landlord or HOA?

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

James L. Arrasmith
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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...
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1 Answer | Asked in Real Estate Law for California on
Q: Is my real estate case valid?

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

James L. Arrasmith
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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

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