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
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
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
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
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.
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...View More
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?
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
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
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
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?
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
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
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
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
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
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
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.
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
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
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!
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
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.
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
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
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...View More
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...View More
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
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.