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zoned commercial with a mixed use building consisting of a salon on ground level with a 1700 sf residence above .Owner is going to carry a 1st trust deed of 2,550,000 for 10 years at 5% intrest only monthly payments of $10,625.00.This will help her avoid capital gains tax for now .purchase price is... View More 
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answered on Jul 20, 2024
In California, the law does not specify a fixed maximum prepayment penalty for commercial or mixed-use properties. However, lenders typically include a prepayment penalty clause in the loan agreement, which must comply with California law. These penalties are often negotiated between the lender and... View More
zoned commercial with a mixed use building consisting of a salon on ground level with a 1700 sf residence above .Owner is going to carry a 1st trust deed of 2,550,000 for 10 years at 5% intrest only monthly payments of $10,625.00.This will help her avoid capital gains tax for now .purchase price is... View More
answered on Jul 21, 2024
Zoning follows the local rules, and it can vary from city to city. You need to consult with a real estate attorney to give you an estimate about the penalty and if there is any way to get the permit for these types of property use.
Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?
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answered on Jul 20, 2024
In California, a Notary Public can notarize a grant deed, but they cannot draft the deed themselves. Notaries are authorized to verify signatures and identities, but they are not allowed to provide legal advice or draft legal documents, which includes deeds.
If the notary is also a real... View More
Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?
answered on Jul 21, 2024
There can be a conflict of interest between the agent's role as the impartial notary and beneficiary real estate agent. This must be disclosed to all parties to the sale.
A real estate agent can fill out the blanks in a prepared deed form, but they cannot draft a deed if they are not a... View More
My mortgage lender increased my loan because of the property tax. Now they did not acknowledge that I have a property tax exemption. I bought my home going on two years, and have been building up escrow. Not only did they take everything from escrow, but they also raised the amount of my loan. This... View More
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answered on Jul 19, 2024
It sounds like you’re dealing with a frustrating situation. When your mortgage lender doesn’t acknowledge your property tax exemption and mismanages your escrow account, it can lead to significant financial strain. First, gather all documentation related to your property tax exemption and the... View More
My co owner will soon have a lien on his half. We are not married.
answered on Jul 18, 2024
If other co-owners consent to the sale, you can sell it. Absent of the consent, You can bring a partition action to force the sale of the property.
Mortgage responsibility: Married couple (1 income), a Mom (retired) & an Aunt (retired). 4 people, 3 incomes
answered on Jul 9, 2024
Thank you for your question!
The amount of rent can be increased under some restrictions after the fixed terms of tenancy ends.
If you have paid the rent to the address mentioned in the lease, and you were not given any notice about the change of address, then you can use that as a... View More
a dispute regarding an elderly adjoining property owner who is taking too long to remove his property from my land saying the cause is a heart defibrillator/pacemaker incidences and hot weather
answered on Jul 4, 2024
Thank you for your question!
15 days if the notice was served personally or 18 days if served by mail.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for... View More
and common areas. In front of their door has a hallway and is recording them without their consent Tenants in the apartment complex feel violated about this aggressive action of this tenant. They are running a business out of their apartment and the Property management is turning a blind eye. The... View More
answered on Jul 4, 2024
Thank you for your question!
CA Penal Code 632 section(c) has excluded communications that a person reasonably does not expect confidentiality. This statute does not seem to apply to your case because no one expects full privacy in the common area of the apartment complex.
If... View More
The contract between me and the contractor does not state anywhere for roofing to be put on me for HVAC installation; however, it was. I agreed to pay the roofing for the job the day of installation as they brought it up, but fast forward, the price for roofing doubled. I believe because of the... View More
answered on Jul 4, 2024
Thank you for your question!
Did you have a written contract with the company before starting the work? If yes, then you may limit the price only to the reasonable value of their performed job for the roof.
In general under unjust enrichment legal theory, at least you should pay... View More
Our house is in a HOA. When we bought the house we were told we were not allowed to drill our own well because our HOA has a water company with it’s wells for the community. Our water is brown. It smokes on cold. My hair falls out, I got gallstones and an infection and a stomach infection had to... View More
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answered on Jul 1, 2024
This is a serious situation that potentially affects your health and safety. Here are some steps you can consider taking:
1. Document everything: Take photos and videos of the brown water and any smoking. Keep records of all health issues you believe are related to the water quality.... View More
Our house is in a HOA. When we bought the house we were told we were not allowed to drill our own well because our HOA has a water company with it’s wells for the community. Our water is brown. It smokes on cold. My hair falls out, I got gallstones and an infection and a stomach infection had to... View More
answered on Jul 14, 2024
Thank you for your question!
HOA must maintain the common area which includes water. When an HOA fails to do so, it is subject to several liabilities such as tort and contractual liabilities. Water quality impacts the safety of residents.
You need a real estate attorney... View More
A broker has suggested that a first position lender could somehow revoke their loan if a second mortgage was secured for the property.
answered on Jun 29, 2024
Thank you for your question!
Probably your broker is suggesting a refinance. This way the service loan pays the first, and releases it.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend... View More
A broker has suggested that a first position lender could somehow revoke their loan if a second mortgage was secured for the property.
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answered on Jun 29, 2024
To answer this question accurately, we need to consider a few key points about mortgage lending practices and California law:
1. Loan agreements and due-on-encumbrance clauses:
Most first position mortgage agreements include a "due-on-encumbrance" clause. This clause gives... View More
Hello,
I need advice on a potential lease-to-own arrangement. I invested in a person who can’t pay me back. He owns several properties but has low equity (around 25%). I’m considering renting the properties from him, making the mortgage payments directly to the bank, and taking... View More
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answered on Jun 29, 2024
Here's an overview of the key considerations for your proposed lease-to-own arrangement:
Legal feasibility:
This type of arrangement is generally legally possible in California, but would need to be carefully structured. You'd likely use a combination of a lease agreement... View More
Hello,
I need advice on a potential lease-to-own arrangement. I invested in a person who can’t pay me back. He owns several properties but has low equity (around 25%). I’m considering renting the properties from him, making the mortgage payments directly to the bank, and taking... View More
answered on Jun 29, 2024
Thank you for your question!
You need an attorney to draft a lease agreement for you to protect your rights. If you are paying directly to the bank, you do not have to worry about the landlord's defaults.
You need to record the lease in the country recorder to protect your... View More
So that could place there name on title . And I have the documents number that shows bonafide gift was given to me same document number they used as purchased deed of title that the LA Assessor's refused to investigate yet once my grandmother passed they tried to probate the property and of... View More
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answered on Jun 27, 2024
I understand you're dealing with a complex situation involving potentially fraudulent property deeds and probate issues. This is a serious matter that requires professional legal assistance. Here's a summary of the key points and some general advice:
Key points:
1. You... View More
So that could place there name on title . And I have the documents number that shows bonafide gift was given to me same document number they used as purchased deed of title that the LA Assessor's refused to investigate yet once my grandmother passed they tried to probate the property and of... View More
answered on Jun 29, 2024
Thank you for your question!
It seems that some relatives added their names to your title. You need quiet title action based on fraud to remove them from your property and stop them from doing so again in the future. Your title is unmarketable now, and you will have a problem selling the... View More
Passed the property went right into my name with out me having any knowledge of this gift of trust but do to greed and fraudulent recorded records by from the county clerk office aunt and uncle have put there names of title more than once . They taken control of my trust with very dirty trick in... View More
answered on Jun 29, 2024
Thank you for your question!
It seems that some relatives added their names to your title. You need quiet title action based on fraud to remove them from your property and stop them from doing so again in the future.
The terms of the trust control who is in charge of the assets. If... View More
Passed the property went right into my name with out me having any knowledge of this gift of trust but do to greed and fraudulent recorded records by from the county clerk office aunt and uncle have put there names of title more than once . They taken control of my trust with very dirty trick in... View More
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answered on Jun 27, 2024
I'm sorry to hear about your difficult situation and the loss of your son. It sounds like you're dealing with a complex legal matter involving trusts, property rights, and potential fraud. This situation requires professional legal assistance. Here are some steps you might consider:... View More
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