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Justin Drayton Graham

Justin Graham’s Answers

538 total


  • Inter-spousal transfer deed form - how should grantee be described and who signs on signature line at top?

    I married 2 years ago and in the process of getting a line of credit on the home I have owned for the past 30 years. A title company says they require an InterSpousal Transfer form - to establish full and separate property - be filled out and rec...

    Justin’s Answer

    • Selected as best answer

    The function of the interspousal deed is to clarify that the property remains entirely your sole and separate property, as opposed to community property. Perhaps because your husband has poor credit, the lender and the title company want to know that your husband has no interest in the property. As for your concern that not describing yourself as unmarried person when transferring the property to the trust, I don't believe that renders title uninsurable or invalidates the transfer to the trust. Ask the title company. You could always execute another deed transferring the property to the trust as an unmarried person (even though technically your are married now). In that deed you would note that its purpose is to correct a mistake on the prior deed.

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  • I am a hard money lender for non resident occupied properties. Do I have to pay for forced placed insurance?

    I got a letter(bill?) from lending service company - statement of forced placed insurance. That says due upon receipt. It seems like some borrowers didn't pay/renew home insurance. Do I have to pay for it?

    Justin’s Answer

    A deed of trust usually permits, but doesn't require, the lender (or beneficiary) to purchase insurance and charge the borrower.

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  • Does an Agency agreement or Assignment (to MERS) cease when the Assignor (initial mortgage holder) ceases to be a legal entity?

    I obtained a mortgage from Pinnacle Financial in 2005. The initial trustee was First American (FATC). MERS claimed that they were assigned the mortgage as trustee by Pinnacle in 2008. First American was not property substituted. Be that as it may,...

    Justin’s Answer

    California courts have consistently upheld the validity of MERS an its ability to assign deeds of trust as a mere nominee. This is not to say that you don't have a case. But the note owned by Pinnacle could be assigned to Mellon by MERS even though Pinnacle had gone out of business. This is because, as has been pointed out, the note (or the debt) survives the dissolution of the note holder.

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  • What do i do my house was foreclose and sell on auction while am still on process for modification? I was send the RMA package

    Am disable wheelchair package and was receiving SSI my daughter-law is self employed making $5000 a month. she is will in to use all her income to support the mortgage loan if modified. keep your home California awarded $25000 toward the modifica...

    Justin’s Answer

    If you are facing an imminent trustee sale, consider filing bankruptcy, if only to stop the sale. Perhaps you and your daughter-in-law will be able to catch up on a loan through a chapter 13 bankruptcy. You can also continue with the modification while you are in bankruptcy.

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  • I am a mortgage broker that recently received a demand from a lender.

    I did a loan for a client a last year. the client went elsewhere to refinance. The refi paid off the initial loan I did about 5 months after I did the initial loan. the lender I did the loan through says I now owe them the money they paid me si...

    Justin’s Answer

    The prepayment penalty is designed to indemnify the lender in the event of an early payoff. I think the lender is overreaching and that the broker refund provision is legally unconscionable. If so, it cannot be enforced.

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  • I need to file Bankruptcy to save my house from a foreclosure sale next month. Should I file Chapter 7 or 13?

    I am on state assistance right now, but I do have a job. I cannot afford to move and there is no value in my house, so selling is not an option. I need to stay in my house. I would like to know if it is better to file Chapter 7 or 13 and how to...

    Justin’s Answer

    Both chapters entail the imposition of the automatic stay, which stops the sale. Chapter 13 would require you to pay the mortgage each month going forward, plus a monthly contribution to the arrears over a period of up to 60 months (or 5 years). Consult a bankruptcy attorney.

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  • Does a successor in interest assume the liabilities of the previous LLC ?

    If there is a family dispute over who owns title to the properties under the LLC and they sue each other in a quiet title action, if the successor in interest prevails in that case does he and the LLC he owns assumme liabilities for employnet cont...

    Justin’s Answer

    If the fight between family members is an internal one over who owns the interests in the LLC that owns real property, then quiet title is not the appropriate action. This would be a matter for a probate court or for a civil court if the LLC's operating agreement provides for the transfer of interest in the event of a member's death. Because LLCs have limited liability for their members, inhering an interest in an LLC does not result in the assumption of personal liability under any contract with the LLC.

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  • Lis pendens: the plaintiff filed and recorded the lis pendens without sending the certified mail or registered mail, I have

    asked to be moved because of improper recorded. What happen if lis pendens has been withdrawal, can she re-file again?

    Justin’s Answer

    Failure to send the lis pendens by certified mail prior to recording is a technical deficiency which warrants expungement. When a lis pends is expunged, it's as if it had never been filed. However, there is nothing stopping the plaintiff from filing another lis pendens.

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  • I want to evict my tenant for many different reasons. Property is rent controlled, city of LA.

    My long time tenant needs to evicted on the following grounds: 1. The tenant has violated a lawful obligation or covenant of the tenancy 2. The tenant is committing or permitting to exist a nuisance etc. 3. Tenant is drug dealing on pr...

    Justin’s Answer

    Dealing drugs and theft on the premises are types of private nuisances for which the landlord may serve a 3-day notice of termination without a cure period. But you still have to make your case in court if the tenant does not vacate after 3 days. The other violations you listed would require a 3-day notice to quit or perform, with the exception maybe of urinating on the lawn.

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  • House going into foreclosure because junior lien would not accept the $6000 offered. Can they sue us after foreslocure?

    Junior Lien not Freddie Mac and Fannie Mae, so they would not accept $6000. Jumbo lien would not offer more. It has accepted 3 offers and each one turned down by the Junior lien. Now Jumbo loan has denied last offer because appraisal has gone u...

    Justin’s Answer

    If the first lender is foreclosing, the second loan may survive the foreclosure sale. If the second lender is foreclosing, the second loan would be satisfied through the foreclosure auction and the first loan would survive the auction.

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