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California Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for California on
Q: I am being offered money for a lot I own. Problem is I have no record of how much I paid for it back in 2003. It's a sma

I am being offered money for a lot I own. Problem is I have no record of how much I paid for it back in 2003. It's a small dirt lot and paid under $1,000 for it. I am being offered more than that. How do I work this in my 2021 taxes when I file if I will have no idea how much I paid in order... Read more »

Jonathan Purcell
Jonathan Purcell answered on Jul 29, 2021

Real property is normally transferred by a deed that includes a description of property, an assessor's parcel number, and a chain of title in the public record.

Assuming that you have already researched the property in the relevant county, It seems like your 'lot' may be a...
Read more »

1 Answer | Asked in Real Estate Law for California on
Q: How can I speak on incapacitated homeowner's behalf to her HOA? (California)

I'm a caretaker for my mom(homeowner) and we're having problems our HOA. They've been ok with me speaking on her behalf in the past but today I was just told to leave the meeting as it was a homeowner's meeting. She suffers from a variety of illnesses and is unable to speak to... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jul 28, 2021

If you’re mom has the mental capacity she should sign a power of attorney that gives you the right to speak on her behalf. Your facts are a little confusing. It’s not clear if you are being charged the fees because you are late on payments or if there is some other reason. I recommend you ask... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: I applied for covid-19 mortgage relief and now face property foreclosure. How do I avoid losing my home???

I was able to resume monthly payments, however, new mortgage service has denied me a repayment plan and refinance option.

Leon Bayer
Leon Bayer answered on Jul 27, 2021

You should have an immediate conversation with one or more bankruptcy lawyers. Chapter 13 bankruptcy is designed to give you up to 5 years to catch up your mortgage, all the while protecting you from foreclosure.

1 Answer | Asked in Real Estate Law for California on
Q: What options do I have to remove my former boyfriend from deed on my house? He refuses to accept my payout offer

He has stopped making any payments towards the mortgage insurance taxes and this is the second time he’s vacated the premises and left me with all of the responsibility and bills

Yelena Gurevich
Yelena Gurevich answered on Jul 26, 2021

Without his cooperation, you would need to file a partition action which will force a sale or buyout through a lawsuit. You will likely need to hire a lawyer to do this.

1 Answer | Asked in Contracts, Personal Injury and Real Estate Law for California on
Q: Can a court sign my name on a inter-spousal deed?

My home burned down in a fire, I am a joint tenant on the deed with my ex we had a post judgment in 2011 that we remained together after.

We never signed anything, he never submitted his financial or declaration of disclosure. We paid off both loans with first proceeds agreeing to split... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Jul 22, 2021

Your question is a little hard to answer with the information provided. You should sit down in person (or by phone) with an attorney for a consultation where they can dive in deeper and get more facts. That should give you a good idea of what your options are. I would do this right away in case you... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: do i have to disclose to the buyer/ that I built my garage and fence on easement property and up to my neighbor line
Yelena Gurevich
Yelena Gurevich answered on Jul 21, 2021

the rule of thumb is that anytime you think to ask whether you should disclose something in a real estate sale, you should probably disclose it. for a more detailed analysis of the situation you will likely need to hire an attorney to review the documents, the permits, the easement, and the... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for California on
Q: How do I know a summons is legit and not a scare tactic from the other party’s attorney?
Jason M. Horst
Jason M. Horst answered on Jul 15, 2021

See if there is a file stamp in the box at the top right. If so, the complaint and summons have been filed and it’s a real lawsuit. Doesn’t necessarily mean the other side wants to take the case all the way to trial, but it certainly suggests that they are serious about pursuing the litigation.

1 Answer | Asked in Real Estate Law, Civil Rights and Domestic Violence for California on
Q: OC CA disabled looking for an attorney who specializes in Realestate and is willing to work with payments. Please

Was unable to file grant deed, fraud against me by people who should be helping me.

Multiple properties involved. So there is money i had Covid for the last year twice im permanently disabled Been unable to get help.

Dale S. Gribow
Dale S. Gribow answered on Jul 13, 2021

if you can't find a lawyer on this site, maybe consider Legal Aid........

you can also google Real Estate Lawyers in OC.................

i am in Palm Springs and focus on accidents and DUI........

1 Answer | Asked in Real Estate Law and Tax Law for California on
Q: Does a tenant paying property taxes and utilities count as taxable income to the owner?

My parents live in a house I own. I don't want to charge them rent, but do want to set up a rental agreement where they will agree to pay the property taxes and utilities. Do I need to count the property taxes and utilities paid by them as rental income on my taxes?

David S. Greenberg
David S. Greenberg answered on Jul 11, 2021

The Internal Revenue Code clearly calls for such payments to be characterized as rental income.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Q: Is a formal eviction necessary to be removed from a motorhome being stored on a commercial property.

Would the eviction process be used to remove tenants from unlawful residency..?

If code enforcement were involved would it be necessary for them to evict tenants..?

Alexander C. Safarian
Alexander C. Safarian answered on Jul 10, 2021

We need more facts to give you a certain answer but it is likely that you will need to file an unlawful or forcible detainer action to remove the dwelling if it is occupied as a residence.

1 Answer | Asked in Immigration Law, Real Estate Law, Tax Law and Estate Planning for California on
Q: If I’m a US citizen does that mean I’m also US resident even if I have residency abroad?

My Grandparents have made a condition on their Trust that no funds should go to issues of my Mom who are not permanent residents of the United States. I have been living in Germany under temporary residency permits and now I’m in California considering moving back to US now in order to protect... Read more »

Agnes Jury
Agnes Jury answered on Jul 9, 2021

The term "permanent resident" of the U.S. in immigration law context refers to someone who is NOT a U.S. citizen but has obtained the right to permanently reside in the U.S. (a.k.a. Green card) and is physically present in the U.S. typically at least 6 months out of any year (so not to... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: Dad died & had unpaid loan . I got sued and now have a lien on my property is that legal

He used home for collateral then dide before pay it off .. the property is still in my grams name .. but I was sued for the loan he had wirh someone else now I have. Alien on my property.. he never put the property in his name it’s always been in my grandmas

Sally Bergman
Sally Bergman answered on Jul 7, 2021

If your grandmother's home is still in her name, and I'm assuming she is deceased, you must file for probate. It is the only way title to the property can pass to her heirs, typically children, then grandchildren. It's not clear when you say there's a lien on your property.... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Could I use adverse possession to get a deadbeat dad that I was not married to off the title to my home?

He has not paid the mortgage or the property taxes since july 2015.

Yelena Gurevich
Yelena Gurevich answered on Jul 6, 2021

you would want a partition lawsuit, not adverse possession. in a partition lawsuit, you would either buy out the other person on title or the court could order the property sold and equity distributed based on interest. under both scenarios, you would take into account who has paid what over the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can you sublease other rooms in a condo you're renting/living in and charge higher rent?

If the landlord is fine with it, could you do this to drive down your own personal rent? If you set everything up, find the other tenants/roommates and can pay on time every month, is it possible to do this on a regular lease without the others knowing how much you're paying?

Dean C Ferraro
Dean C Ferraro answered on Jun 23, 2021

First, it depends on the terms in your lease agreement. Most lease agreements provide that subleasing is not allowed unless you get the written consent of the owner/landlord. You should review your lease to see what is states about subleasing. Secondly, it also could depend on whether the HOA of... Read more »

1 Answer | Asked in Real Estate Law, Municipal Law and Small Claims for California on
Q: What recourse do I have against a AirBB next door, smoking affecting my health, I have serious asthma problems.

The guests smoke marijuana, even though they have a no smoking rule that the owner doesn't enforce, resident/son is rarely onsite to monitor, I have high risk, serious asthma and respiratory complications. They are just ignoring the problem or saying they know nothing about and say it must be... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 21, 2021

make an appt with a LOCAL lawyer for guidance. I am in Palm Springs!

if you can't afford a lawyer maybe filing in small claims for up to $10k is the answer.

i would first send a written demand letter to the owner setting forth the facts. Advised them, if this is not resolved...
Read more »

1 Answer | Asked in Divorce and Real Estate Law for California on
Q: Can you take a spouse off the mortgage before filing for divorce?

My spouse has paid nothing for or to this house and I would like to remove them before filling for divorce. The bank still owns the deed and we are together on the mortgage but I pay everything. We've been in this house for 20 months.

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 14, 2021

You can't just remove someone's name from a mortgage (home loan). To remove someone from a home loan you have to refinance the loan. You would then need to sign a new Deed and your spouse would have to sign it too.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: When a Trust gets restated is the initial Trust still have power as a separate Trust?

My Grandparents made their Living Trust in 1993. In 1995 my Grandmother passes away , in 1998 my Grandfather makes some changes to Trust as a survivor and his Trust is known as Trust B while my Grandma’s is known as decedent Trust “A”. My Grandfather passed away in 2007. Trust A instructs... Read more »

Jonathan Purcell
Jonathan Purcell answered on Jun 14, 2021

I suggest you hire an attorney to perform a detailed reading of the trust, write a description of the trust provisions, and explain the interaction between the trust components.

The information presented here is general in nature and is not intended nor should be construed as legal advice...
Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Is this illegal?? I'm attempting to rent a condo with a "watered down house hacking" idea.

I want to house hack (buy a property, live in it, rent out the other rooms to pay expenses, cash flow, live for free, etc.) But living in soCal I can't do that yet. So, I was thinking what if I find a 3bd condo, find 2 roommates, furnish the shared spaces with my furniture, bring my Wi-fi... Read more »

Jonathan Purcell
Jonathan Purcell answered on Jun 7, 2021

The enterprise you are suggesting is a sublease. It is done on different scales from residential real estate, to large retail establishments. I suggest you find a model residential sublease or two on the internet, and read through the legalese, while keeping in mind that every problem the sublease... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: I am a real estate agent and want to set up an LLC. What or who is the most affordable attorney or advisor to assist me
Jonathan Purcell
Jonathan Purcell answered on Jun 1, 2021

A: Your LLC must pay the annual franchise fee of $800, file federal and state taxes, as well as quarterlies.

Failure to fulfill your obligations will result in interest and penalties, interest on penalties, and penalties on interest, as well as letters from the FTB. It is a good idea to get...
Read more »

1 Answer | Asked in Estate Planning, Probate, Contracts and Real Estate Law for California on
Q: Can a person file probate lost will claim 10 years after they used same false documents in 2011 only to fail to show up

But took all assets and disappeared. Now back with same will after i paid off house and filed in blind behind my back duing lock down virus

Julie King
Julie King answered on May 26, 2021

It is difficult to know how to respond to your question without more information. Certainly, if someone has falsified a document and used it in court, there is no way a judge would allow the document to be used UNLESS no one testified or proved that the document was fake. On a different point, if... Read more »

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