Lawyers, Answer Questions  & Get Points Log In
California Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: Jack and Jill transfer property to Jack and jill as trustees and then again as individuals to Trustees of later Trust

Jack and Jill transfer property to Jack and Jill has Trustees of 2005 trust later jack-and-jill transfer to Jack and Jill as Trustees of 2010 Trust which trust is the property in is any corrective action necessary where would the hang-up be at the title company the recorder the Assessor and does... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Oct 15, 2021

It sounds like only the first deed is valid. Jack & Jill were not the owners as individuals at the time of the second execution, that is, if the second transfer was as individuals as you imply.

1 Answer | Asked in Real Estate Law, Civil Rights, Landlord - Tenant and Probate for California on
Q: How to fight title Fraud? What do I need to prove my claim and how do tell court that there is no lease agreement
Louis George Fazzi
Louis George Fazzi answered on Oct 14, 2021

You have provided insufficient information to allow me to answer your question. I suggest you contact an attorney in your area and ask for a free consultation. Make sure you take a full chronology of your story, stating what happened, when, who was involved, and identify all witnesses, both good... Read more »

1 Answer | Asked in Personal Injury and Real Estate Law for California on
Q: Which is better a hearing before an administrative law judge or a trial in federal court for hud case

HUD case involving personal injuries and disability discrimination, illegal lock out, retaliation. Tenant wants property management co fined and charged with crimes

Dale S. Gribow
Dale S. Gribow answered on Oct 11, 2021

as a PI attorney, this is not my area of law.

however, most cases are based on the facts.

what might be good in one court is not before another judge.

make an appointment for a courtesy consultation with a local lawyer.

1 Answer | Asked in Real Estate Law for California on
Q: We are selling our house but know we want to back out due to a family emergency, they threaten to sue what can we do?

We are selling our house and accepted an offer however. We have to back out due to my father-in-law becoming sick now they They threaten to take us to court for wanting to back out of selling our house. We offer to pay all their expenses and maybe an extra couple hundred due to the inconvenience.... Read more »

Yelena Gurevich
Yelena Gurevich answered on Oct 11, 2021

Your options will depends on a few more specific facts. You need to call and speak to a real estate transactions attorney so they can review the documents involved and the specifics in order to give you options.

1 Answer | Asked in Real Estate Law for California on
Q: What can I do if the buyer of a property is refusing to sign the cancelation of escrow? I do not have money foralawsuit

I have extended his closing date many, many times but he has not deposit any funds in the escrow company. He has an attorney and every time we ask for the money, he keeps saying that he is going to file a lawsuit against the seller, realtor, and escrow company. I DO NOT HAVE MONEY FOR ATTORNEYS... Read more »

James A. Greer
James A. Greer answered on Oct 4, 2021

Seller Seeking Earnest Money: In a standard California Real Estate Contract you are FIRST required to seek resolution by filing for Mediation before either party can resort to litigation. Mediation is reasonably costed and does not technically require that you engage an attorney to represent you.... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: Can trustee of trust a directly transfer property into trust b?

Jack as trustee of trust A conveys property to jack as trustee of trust B?

Julie King
Julie King answered on Oct 3, 2021

I believe this is your third question about your grant deeds. I suggest you go to a lawyer and get your situation handled properly rather than try to piece together various lawyers’ advice. But to answer your question, it is possible to transfer property from one trust to another, but not in all... Read more »

2 Answers | Asked in Real Estate Law and Estate Planning for California on
Q: Trustee grantor conveys property in individual capacity . Can he use corrective deed to convey as trustee of property

Jack conveys property to beneficiary instead of jack as trustee of said trust. Can he file corrective deed to validate transaction as of date of original deed?

Howard E. Kane
Howard E. Kane answered on Oct 3, 2021

Yes. A corrective deed will most likely clear up the defect in the first transfer. I'd recommend having an attorney handle the preparation of the corrective Deed.

View More Answers

4 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Grantor conveys property into trust a. Later conveys into trust b without revoking a.

Is the property in a or b. If still in trust a, does subsequent deed conveying trust into trust b affect title chain..can it be left recorded as is or is there some type of procedure needs to be done

Julie King
Julie King answered on Oct 3, 2021

The answer to your question depends on the language in your specific deeds. If the grantor is still alive and has a revocable trust, it’s possible the property could be in either trust. Some people have more than one trust (for example, a separate property trust and a community property trust)... Read more »

View More Answers

3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Property is in trust. Trustees as individuals then quitclaim it to their daughter. Who owns

Trust transfer deed "jack and jill transfer to jack and jill as trustees of jack and jill trust" quitclaim deed "jack and jill transfer to daughter

James Edward Berge
James Edward Berge answered on Oct 2, 2021

The trust still owns the property. The deed from them, as individuals, rather than trustees, did not convey good title to their daughter, because they, as individuals, did not own the property.

View More Answers

1 Answer | Asked in Civil Litigation and Real Estate Law for California on
Q: What should I do in the case of a realtor providing false information on an addendum during a home purchase?

Our realtor wrote up an addendum regarding obtaining a quote/estimate for repairs on retaining walls from a licensed contractor. Based on the information she provided us, we moved forward and closed on the house and signed the addendum. After further investigation, it turns out the contractor is... Read more »

Yelena Gurevich
Yelena Gurevich answered on Sep 28, 2021

the most common thing you would do is hire a lawyer and sue for any damages you may have sustained.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Can my ex roommate sue me?

my roommate wants to take me to court for rent. So as far as i know when you pay rent it's for the upcoming month right? Well i paid at the end of June which means i paid to stay in the apartment in July. And in August i moved out and got my name off the lease. I did let them know in the... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

Generally you would pay for the upcoming month, yes. Obviously every contract can be different though, so it would depend on when you originally paid and what the deal was. What does the tenant agreement say? When does the specific month-to-month start/stop? (oftentimes it's the first of... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Buying house cash Owner gets to rent back 6 mo. free w/ lease Owner is hoarder what happens if owner refuses to leave
Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Once you own the house and the former owner refuses to leave, you are in the position of Landlord and Tenant. You evict them. I would be sure to give them the 60 day notice of termination of tenancy, 60 days before the lease is up. If they hold over you can give them a 3 day notice to quit.... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Can a parent living in my home have the right to to tear down the ceiling with no intent to fix it?

I’m told my father can do anything to the property because he lives in my home.

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Sooo many issues. Who owns the property? They have the right to say who can make changes to the property. You say "my home" what does that mean? Do you own it? Are you over 18? You can evict your father if you own the property and are over 18. If your father is damaging the property... Read more »

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Traffic Tickets for California on
Q: How can the IT certification file before corporate burial services allocation that the lifecycle have discharge...upon?

Discharge...timeline for ex. AD or BC etc., Instructions Acanthosis Nigricans-solution; Benadryl Itch Stopping 1-0, 1% Cream...Extreme color code 'neck'-food safety or field marshal commission/Institute Risk Management Merchant ship port--tech, imperial, admiral, ambassador, or nonprofit... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

I have to admit that I don't really understand your question, but I can tell you that this is not Divorce, Family Law, Real Estate or Traffic tickets, and if you don't post in the right category then attorneys who CAN understand your question won't see it. You might want to contact... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: What do I need to file to see a judge to release a lien?

My dad left me a 1960's single wide he purchased in 1995.

The loan was a 5 year loan and he was proud of it being paid off. Now when I'm trying to get/ transfer the title I find the lien holder is still on the title. Lien holder is no longer in this business. What do I need to... Read more »

James A. Greer
James A. Greer answered on Sep 16, 2021

Expired Mortgage Lien Claimant: The "judge" route will be an action filed in your jurisdiction's Superior Court - difficult in this situation, not based on the law or the facts (that's the easy part of your claim), but in trying show "proof of service" in connection... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: My sister in law has sold her home. Her daughter refuses to answer our calls and text messages to come remove her things

We cannot leave her belongings in the house per the real estate agent. What can she do with the belongings?

Maurice Mandel II
Maurice Mandel II answered on Sep 13, 2021

This property is governed by Civil Code 1946, and Code of Civil Procedure 1162. You have to give her actual notice by personal delivery or by posting on her residence and mailing, or by Certified or Registered mail to her address of the fact you are going to either store the property at her... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: I have been issued an interlocutory order in the Superior Court of California. Previously, I had a poorly documented a

Agreement with my significant other and he passed. His name is on the title as 45% owner to my 55% . I never submitted an answer to the courts to include a gift letter created for closing ….or any supporting evidence on my behalf. The referee for the property is seeking participation or we get... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 13, 2021

Your description indicates there is already a court proceeding that is open regarding the title and/or possession of this property. Unclear what kind of proceeding you are dealing with- Probate? Tax lien? Whatever it is, ignoring the proceeding can only result in a judgement that fails to... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Im selling a property in los angeles as is. The buyer has sent 176 pages of items to sign off on. Ive repaired e

Everything im aware of on property but as with all old houses it appears that it was an ongoing repair situation. I dont wish to be responsible for leaving anything out or not repairing something. And dont wish any lawsuit after sale. How do i proceed

Maurice Mandel II
Maurice Mandel II answered on Sep 13, 2021

176 pages? Yikes. Sounds like tear down and rebuild is easier. You should discuss this with your Realtor as to how to address these items. Sounds like this buyer wants a Ferrari for the price of Prius, and this may be a sign that this buyer is going to be nothing but trouble for you all around.... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Can I sell or charge rent for properties I own 50% of?

In 2017 my mother passed away. She had a hastily hand-written will in which she stated her home, and two parcels of property would go to my sister and me with 50/50 ownership. My mother stated in the will that my sister could live in the home, which is located on one of the parcels, for free. My... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

You cannot sell without the express consent of the co-owner. If you rent without their consent you may be asking for trouble.

1 Answer | Asked in Products Liability, Real Estate Law and Small Claims for California on
Q: Can I sue my home inspector for failing to mention the electrical panel?

I recently purchase a home and hired a home inspector and had the property inspected and decided to move on with the sale. After living in the property for almost a year I hired an electrician, so I could add an outlet for my TV when the contractor saw my panel he refused to work on my property. He... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

The statute of limitations for negligence is 2 years, breach of contract 4 years, but sometimes different periods apply to certain professionals, such as home inspectors. IMO you need to get your electrical problem solved first, and RETAIN THE OLD PANEL AS EVIDENCE. Take lots of photos showing... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.