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California Real Estate Law Questions & Answers
1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: waiting for a reply from a mortgage Relief, is it ok not to pay for your mortgage, or can this bring foreclosure? TX:)
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answered on Nov 28, 2023

In California, not paying your mortgage can lead to foreclosure. This is because your mortgage agreement is a legal contract where you agree to make regular payments to your lender. If these payments aren't made, the lender has the right to start foreclosure proceedings to recover the amount... View More

1 Answer | Asked in Real Estate Law and Foreclosure for California on
Q: Would there be a foreclosure risk if we hold on to mortgage payments until we hear back from the mortgage relief
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answered on Nov 28, 2023

Under California law, holding off on mortgage payments while waiting for a response regarding mortgage relief can be risky. Foreclosure proceedings can be initiated by your lender if you miss payments, even if you have applied for mortgage relief. It's important to keep in mind that the... View More

2 Answers | Asked in Real Estate Law, Tax Law and Land Use & Zoning for California on
Q: I've got property in South Carolina and I'd like to know the value of it. I've been getting a few offers from around the

Country. Is there a (Free) state website I can go to and find out the REAL value of my property?

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answered on Nov 28, 2023

Assessing the value of property in South Carolina can be approached in several ways, although there's no specific state website that provides an exact "real value" for your property.

One option is to check the county assessor's website where your property is located in...
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Q: Judge's at your appellate hearing were already in the court room prior to your hearing discussing case they laugh at me.

When I arrived to my appellate hearing the Respondent And His Attorney were already in the court room discussing the case then the Respondent walked out and the Bailiff came and called the case upon entry the female judge laughed at me and stuck her tongue out the male judge called the case and... View More

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answered on Nov 27, 2023

In California, appellate courts are expected to maintain a high standard of professionalism and impartiality. If judges exhibited inappropriate behavior, such as laughing at a party or displaying a lack of respect, this could raise serious concerns about judicial misconduct and the fairness of the... View More

1 Answer | Asked in Real Estate Law for California on
Q: Over 55 HOA, majority voted to special assess 15K/owner, if owners don't pay - how are we who paid protected?

understand the lien/foreclosure process and it appears to be designed to protect owners who default on special assessments. What protects those who are following the rules - paying the Special Assessment, if the default owners causes underfunding so that our roofs cannot be redone.

what are... View More

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answered on Nov 26, 2023

In California, if you're part of an over-55 homeowners association (HOA) and are facing issues with a special assessment, your rights as a paying owner are governed by the HOA's governing documents and state law.

When some owners default on their special assessment payments, the...
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1 Answer | Asked in Real Estate Law for California on
Q: We purchased a home/ primary residence in June of this year. One of our neighbors former local PD shared that our home

had a Butane honey pot lab in it 2 renters ago. There was an incident that occurred which involved police, fire and the street being blocked off and one of the tenants skipped town. Should this have been disclosed to us prior to purchase and if so what recourse do we (Spouse and I) have?

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answered on Nov 25, 2023

Under California law, sellers are required to disclose to potential buyers any known material facts that could affect the value or desirability of the property. This includes a history of drug manufacturing on the property, as it can pose health hazards and potentially impact the property's... View More

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for California on
Q: Can someone give me advice about signing over part ownership of a property for the purpose of refinancing?

My mother passed away recently without a will. The property has a reverse mortgage balance. We were given two options either to sell the house or refinance. Her residence was in co-ownership. Per the deed, she left her portion to her heir which is myself. My Aunt is asking for the property to be... View More

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answered on Nov 24, 2023

In California, when inheriting property, it's crucial to understand your legal rights and options. Since the property was co-owned by your mother, and you are her heir, you have a rightful claim to her share. Before signing over any part of the property, it's highly advisable to consult... View More

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1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for California on
Q: on a private road, that has a bridge, and is used by all, does one person have the right to tear out said bridge

Bridge is located in a subdivision and used by many residents. Every attempt to reconstruct and repair the bridge gets demolished by one person who also lives in same subdivision. Do we other residents have any legal recourse?

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answered on Nov 22, 2023

Under California law, if a private road and bridge in a subdivision are used by multiple residents, no single individual typically has the unilateral right to remove or damage the bridge. This is especially true if the bridge is considered a common area or is under a homeowners' association... View More

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: On the day the company that bought my home came to take possession of my home my name was still on the deed

I went to the recorders office to get copies of the deed which still had my name on it

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answered on Nov 21, 2023

Based on the limited information provided, it seems there may have been an issue with the property title and transfer process when the company bought your home in California. A few key points:

- If your name was still on the deed when the company came to take possession, typically the sale...
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1 Answer | Asked in Real Estate Law and Probate for California on
Q: I'm trying to remove a court appointed receiver from my uncle's estate.

I was notified after 6 months of his passing. The court never notified me, and they appointed a receiver.

His property has 2 county code violations. I'm currently the administrator of his estate.

I'm capable of resolving the violations and having the home and property... View More

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answered on Nov 21, 2023

Under California law, to remove a court-appointed receiver from an estate, you, as the estate's administrator, must petition the court that appointed the receiver. This petition should demonstrate your ability to manage the estate's affairs, specifically addressing the resolution of the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Tenant in common or just owner of separate section via will

Hello. We are tenants in common with three other parties. After going over the will I believe there is an error with one of the tenants actually being a tenant in common.

Here is what the will says:

“I give this 1/4 acre (most southwest) of my real property to “XX.”... View More

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answered on Nov 21, 2023

Under California law, the interpretation of a will's provisions depends on the specific language used and the intent of the testator. In the scenario you've described, it appears that "XX" is being given a specific portion of the property (the 1/4 acre southwest section)... View More

2 Answers | Asked in Real Estate Law for California on
Q: Hi. I bought a condo a few years ago as-is and had no issues with any of the rooms that were inside the unit.

The on site management team did their annual fire inspection this year and claimed that one of the rooms is illegal and the previous owners from 7 years ago had built it without approval. They made no mention of the room before this year. I had no prior knowledge of the room being illegal before... View More

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answered on Nov 20, 2023

Under California law, when you purchased the condo "as-is," you may have some legal protections. Generally, sellers must disclose any known defects or issues with the property. If the previous owners didn't disclose the illegal room, and you had no prior knowledge of it, you might... View More

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1 Answer | Asked in Real Estate Law and Civil Litigation for California on
Q: Is there a statute of limitations for a CA CC&R?

Time limit

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answered on Nov 18, 2023

Under California law, there is generally no specific statute of limitations for a homeowners association's CC&Rs (Covenants, Conditions, and Restrictions). CC&Rs are legally binding documents that govern a community's rules and regulations, and they are typically designed to... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for California on
Q: My home is owned jointly by myself, my husband, my daughter and her husband. My husband and I are divorcing.

I will be receiving the house in the marital settlement agreement. Do I need to file an interspousal transfer deed or a grant deed to reflect the 3 remaining joint tenant without triggering reassessment. I live in California.

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answered on Nov 17, 2023

In California, when transferring property due to a divorce, it is common to use an interspousal transfer deed. This type of deed is specifically designed for transferring property between spouses and can prevent the transaction from being considered a change in ownership that triggers reassessment... View More

1 Answer | Asked in Real Estate Law and Small Claims for California on
Q: Involuntary Lien

Hi. I received a notice of an involuntary lien placed on my property. According to the paperwork, it is for a small claims court that I never attended. I never received a court date. The forms say don not contact the court but to contact the person who took me to small claims court. Question... View More

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answered on Nov 13, 2023

In California, if you have received a notice of an involuntary lien for a small claims court judgment that you were unaware of, it is essential to verify its legitimacy.

Start by checking the court records to confirm if a case was actually filed and a judgment entered against you. If the...
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1 Answer | Asked in Real Estate Law and Contracts for California on
Q: I was going to JV wholesale a real estate deal but he became abusive and sexist to me, I don't want to work w/ him

anymore, and now he's threatening me, saying that he's assuming that i'm going to cut him out of deal? We never signed any agreement, can he do anything to me legally? I have the house under contract, just my name is on contract!

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answered on Nov 12, 2023

Under California law, if there is no written agreement between you and the other party regarding the joint venture in real estate, it is unlikely that he has a legal basis to claim a part of the deal. Verbal agreements can be binding, but they are often difficult to enforce, especially in complex... View More

2 Answers | Asked in Real Estate Law for California on
Q: I retained an attorney for a partition action of my home in March of 2023.How long to draft a letter to the other party

I had one phone interview at that time. I have been told numerous times that a letter was being finalized, but have yet to receive that letter for my review. Is this unusual? It is now November, so 8 months have passed.

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answered on Nov 9, 2023

Under California law, the time it typically takes to draft a letter in a partition action can vary based on the specifics of the case and the attorney's workload, but eight months seems excessive for a simple draft letter. It's advisable to directly communicate your concerns with your... View More

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2 Answers | Asked in Banking and Real Estate Law for California on
Q: Am I legally required to pay off the remaining principal when I sell my home?

I'm selling a home for which I'm paying 2.5% interest rate. Instead of paying off the remaining balance, it would be nice to use the extra funds to buy a new home (now that interest rates are 7%). Then I'd just keep making my monthly mortgage payments on my original loan at 2.5%... View More

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answered on Nov 9, 2023

No, you are not legally required to pay off the remaining mortgage principal when selling your home in California. However, the lender will require the mortgage loan to be settled as part of the sale process. You have a couple options:

- Pay off the loan in full with the sale proceeds. This...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: How long do I have in ca if I live in a Rv park and I recieved 3day pay or quit

The park isn't up to code

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answered on Nov 9, 2023

Here are a few key things to know about the eviction process for RV park residents in California:

- If you have been given a 3-day notice to pay rent or quit, that means the RV park is starting the eviction process. You have 3 calendar days to either pay the amount of rent owed or vacate...
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1 Answer | Asked in Real Estate Law for California on
Q: Are the procedures for foreclosure of a lien after default on a mortgage the same as after filing a lien for non-payment

of HOA dues??

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answered on Nov 8, 2023

In California, the foreclosure process for a mortgage default and for non-payment of HOA dues are similar but have distinct differences. Both can result in the sale of the property to satisfy the debt. For a mortgage default, the lender typically uses a non-judicial foreclosure process which is... View More

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