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David Lawrence Ganje

David Ganje’s Answers

4 total

  • If I am not on the loan and I signed a quick deed, do I have any rights to the house if something happens to my husband?

    Would a will alone protect me and allow me to keep the house and would I be able to take over the loan?

    David’s Answer

    In this circumstance a will could protect you or hurt you significantly. Also, I would be interested to know who you deeded the home to. I am presuming that it is your husband. Being on or off the loan is irrelevant. The effect of deeding away your interest in the home results in you having no interest in the home, provided the deed execution and delivery of the deed were sufficient by California standards.

    With no interest in the home, you husband could leave you his interest in the home in the will. On the other hand your husband could not leave you an interest in the home or leave the home to someone else in his will. If there is no will, California’s intestacy statute would take effect, though as a New York lawyer I will not opine on that scenario.

    There are laws which protect a spouse from being disinherited by there significant other in death which could also be relevant. The bottom line is that you should carefully examine the motives behind your deeding away your interest in the house and have a will drawn up which gives you an interest in the house. Even with a will with you as beneficiary of the house, there is nothing stopping your husband from drafting a later will which does not leave the house to you. You should meet with a qualified California attorney to discuss these issues.

    This answer is provided for your information only to help you understand some of your legal rights. It should not be relied on as legal advice because it is not a substitute for the full consultation and advice of an attorney. Nothing contained in my comments constitutes the establishment of an attorney-client relationship.

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  • My landlord got forclosed on do she owe me my security deposit back

    The forclosure date in the letter on my door stated that the house was sold as Nov. 30. The bank offered me cash for keys to move out by Jan 14th the landlord gave me back a portion of my deposit 2/4/11 less rent for Dec and less monies for cleani...

    David’s Answer

    Yes. Just because your landlord got foreclosed upon does not absolve the landlord from their duty to return to you the security deposit at the end of the lease. The landlord, however, does not have to return the security deposit to you immediately simply because the property was foreclosed upon. Often times where a landlord’s property is foreclosed upon a receiver is appointed who is put in charge of managing rents and security deposits. If you get a notice that a receiver has been appointed it would be a good idea to contact that person about the security deposit.

    Importantly, even though the law favors your right to get back your security deposit at the end of the lease, there is a good chance that a landlord who has allowed his property to go into foreclosure has impermissibly spent or misappropriated those funds. Hiring a lawyer or bringing in the landlord to small claims court might the only way to preserve your rights and make sure that you pay attention to all of the notices you receive regarding the foreclosure. if you don’t understand them hire someone who does.

    This answer is provided for your information only to help you understand some of your legal rights. It should not be relied on as legal advice because it is not a substitute for the full consultation and advice of an attorney. Nothing contained in my comments constitutes the establishment of an attorney-client relationship.

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  • Mold problem: should I pay?

    Mold found on the bottom of one wall in one closet (no mold has been found in any other place in the whole apartment). The outside of the wall is 10inch away from a sprinkler. The adjacent patio was flooded every time the sprinkler waters. The lan...

    David’s Answer

    The answer to your question most definitely depends on what is on the lease. It sounds like you live in a complex, in which case you probably are subject to a very restrictive lease which may very well require you to pay for the correction of hazards which you create. The lease may very well require you to keep ventilation unobstructed.

    Notwithstanding that, the “implied warranty of habitability” requires a landlord to maintain the leased residential premises in safe and habitable condition. Unless the lease states otherwise, mold is certainly an item that the landlord should be responsible for taking care of.

    Review your lease carefully and if you have any remaining questions, consult with an attorney.

    This answer is provided for your information only to help you understand some of your legal rights. It should not be relied on as legal advice because it is not a substitute for the full consultation and advice of an attorney. Nothing contained in my comments constitutes the establishment of an attorney-client relationship.

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  • What is the best way to leave a business partnership that has not made any profit?

    I co-own a 'S' corp with a business partner for 2 years (50/50). The business is a fashion info website where our goal is to sell advertising space to companies in the industry. The business has not made any income yet and I am ready to let go of ...

    David’s Answer

    The buyout by one stockholder by another [or by the corporation] is an important legal event. Certain action should be taken and memorialized in order to confirm the buyout and indemnify the seller from potential liability arising out of the corporation. Proper language in release and indemnification transfer paperwork is necessary. Certain resolutions and resolution language are also necessary and so forth. Also, the operating agreement or certificate of incorporation may need to be reviewed as they often include the terms by which one shareholder may
    buy-out another. Often a party's contributions of work or capital are
    considered and planed for in the various documents which formed or govern the corporation. We can help firm up these matters if you are interested. Please feel free to contact us.

    Your first steps should be to quantify the value of your work and identify the assets of the corporation. You may be able to get some of the corporation's assets, but given there is no income your withdrawal from the corporation may yield you nothing.

    This answer is provided for your information only to help you understand some of your legal rights. It should not be relied on as legal advice because it is not a substitute for the full consultation and advice of an attorney. Nothing contained in my comments constitutes the establishment of an attorney-client relationship.

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