Raffy Mikaelian Boulgourjian's Answers

How to fight garnisment for a judgemnt that was won without properly serving me a copy of the summons?

You would have to file a Motion to Set Aside the Default. Section 473 of the Code of Civil Procedure. The motion would have to be heard in the Courthouse where the action was filed (Lancaster), so dedicate some time to appearing there, probably a half day. If you hire an attorney to do this work for you, best to hire someone local in Lancaster to save on paying for travel time.

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In the foreclosure process, at what point is a notice posted on your door?

You may or may not receive a 30 day notice from the lender before they begin proceedings. Assuming you don't, the formal foreclosure proceeding in CA begins with the filing, serving and posting of a Notice of Default. The lender must then do this every month for a period of 90 days before they then serve you with a Notice of Trustee's Sale, which will give you a foreclosure sale date about 20 days out. All in all, you have about 100 days. Use those days wisely. Contact your bank if you...

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Deed in Lieu vs. Foreclosure (California) on a second residence?

Most banks will not accept a deed in lieu before you have first exhausted every effort to sell the property for a fair price by today's standards. If the property is listed for sale, make sure it's listed at a price that the bank considers fair (ask them) before spinning your wheels, because if they feel you have it listed too high, they will ask you to reduce it before they consider a short sale or deed in lieu.

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On an investment house am I liable for a 2nd after a forclosure on the first if its the same bank?

Eventhough the first and second are loans with the same bank, they are separate loans. If the bank foreclosed on the property with the first, that doesn't eliminate your obligation on the 2nd. The 2nd is still 'out there' as a debt you are obligated to repay. There are other questions that need to be answered, but yes, the bank can very likely sue for the money owed on the 2nd at a future time.

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Promossory Loan Default

If you want to enforce your note and collect on it you will have to file suit and get a judgment first. The only person who can send him to jail is the District Attorney. If this debtor has a pattern of abuse against you and others, I think you should report him to the DA. If he has assets, he is collectible, if not, your judgment will stay on his record as a lien if you record it w/ the county recorder and collect interest at the legal rate of 10% here in CA. My office does such work for...

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On an investment house am I liable for a 2nd after a forclosure on the first if its the same bank?

Eventhough the first and second are loans with the same bank, they are separate loans. If the bank foreclosed on the property with the first, that doesn't eliminate your obligation on the 2nd. The 2nd is still 'out there' as a debt you are obligated to repay. There are other questions that need to be answered, but yes, the bank can very likely sue for the money owed on the 2nd at a future time.

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Do I continue to pay my mortgage while pursuing a deed in lieu of foreclosure (DILF)?

If you stop paying on the first, the first may begin foreclosure proceedings. The other disadvantage of no longer paying on your first is the damage that it will inflict on your credit score. If your credit is in fair shape, it is the one thing that will help you move on once you are through this financial tough spot. Having said that, if you are going into debt and borrowing money just to keep the payments on the first current, you may want to consider that you're probably dumping good...

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Can a claim be filed against seller and escrow for not doing their jobs resulting in delays and extra costs for buyer?

If escrow has not yet closed you should put the seller and the seller's agent on notice in writing that you are holding them responsible for the delays and the expense that it has cost you. If you wait to resolve this until after the close of escrow you may never get compensated. A lawyer should best present this notice and demand a discount in the price. Disclaimer: This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. You should...

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A real estate company claims it has no copy of a title deed with all owners on it, I am one owner of four, yet had it in escrow?

No one can sell your property without your signature. Contact your county recorder to confirm that the deed vesting title in you and your three co-owners is on record. If it is, then you can obtain a copy from them for a very small fee. If the deed is on record, then this realtor, broker and title company have a problem on their hands. If they are not taking your calls, perhaps it's time that they received a letter from your attorney.

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Need to get out from under our Mortgage, what are our options and ramifications?

Attorney Fink's answer is spot on in my opinion. If you have been denied a modification, your next best option would be to sell the property at a price that today's market would bear. A realtor experienced with short sale work could help you. If that doesn't work, then a deed in lieu would be your last resort short of foreclosure.