Skip to main content
Raffy Mikaelian Boulgourjian

Raffy Boulgourjian’s Answers

30 total

  • I have a small legal issue I need an answer for please. One of my creditors will not accept payment for a bill that I owe them.

    I have a small legal issue I need an answer for please. One of my creditors will not accept payment for a bill that I owe them. I was recently contacted by a collection agency about it. I sent a letter in response to collection agency politely ask...

    Raffy’s Answer

    John,

    Respectfully, I don' t think that dealing with the creditor directly instead of with the collection agency is going to improve your chances of keeping this off your credit report. The delinquency may have already been reported to the credit bureaus.

    If you are offering settlement in full, negotiate for a removal of any derogatory credit reporting from your profile.

    Disclaimer: This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. You should have a licensed attorney review your case individually since every individual's factual situation is different, independent legal advice regarding specific situation from a licensed attorney is advisable.

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

    I live in Los Angeles, CA. Two weeks ago I recieved notice that my wages are to be garnished due to a judgment awarded to a debt collector in April, 2007. According to the paperwork I received from my payroll department, this case was heard in Lan...

    Raffy’s Answer

    • Selected as best answer

    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.

    See question 
  • 2nd is behind a month, will this affect my frist mortgage and will I lose my home?

    What will happen to my 2nd mortgage that I didn't pay last month. Ist mortgage is 300k and current with payment while 2nd is 175k. Value of home is 285k. I've been working with people from my 2nd mortgage and just waiting for my unemployment t...

    Raffy’s Answer

    If your loans are 3-4 years old and no more, chances are that your property is worth less than what is owed on it. If so, your 2nd would have to foreclose subject to the 1st, i.e it would have to pay off the 1st before it can sell it or it would have to struggle to find a customer willing to buy it with the 1st loan still acting as a lien on the property.

    If you are in the above situation, there isn't much chance that the 2nd is going to foreclose and affect your 1st. However, that doesn't mean that the debt on the 2nd is simply going to 'go away.' The 2nd can always try to collect the debt from you personally rather than look to the property (the collateral) to cover itself.

    This would require some basic number crunching and a closer look at the details to determine the best course of action for you.

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

    Escrow was to close by 7/9/09 but it did not due to delays on the part of seller's agent (bank-owned property) and escrow. We were to move out of current residence by 7/31 as there is another family waiting It's been an escrow nightmare. I believe...

    Raffy’s Answer

    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 have a licensed attorney review your case individually since every individual's factual situation is different, independent legal advice regarding specific situation from a licensed attorney is advisable.

    See question 
  • Loaned $52,500 for a bridge loan at 7% for 4 months and the person will not pay back.

    On 9/27/09 loaned an investor $52,500 for a bridge loan at 7% for 4 months. 4 months passed and he did not pay stated too busy with his business (he is a tax preparer) he ask to wait until after 4/15/09. After many calls and email we meet on 7/27/...

    Raffy’s Answer

    At this time your only option would be to sue him for breach of the loan and obtain a judgment against him. One of the common misnomers about obtaining a judgment is that a defendant must immediately pay it. This is not true. It is up to the holder of the judgment (You, known as the judgment creditor) to collect on it. With a judgment in hand, you have several means at your disposal by which to collect (garnish his wages, redirect his income from clients to you through assignment, place liens on his assets and force their sale, levy monies in his bank account).

    Most attorneys would bill you hourly for such work, including myself. Please see my profile for my rate and fees. If you are prepared to retain an attorney on an hourly basis to obtain judgment and collect, I can help you. Please feel free to contact my office at 818 476 0107.

    See question 
  • My home was in foreclosure and now it has gone up for auction the 23th of July. What are my right s to my belonging?

    I was told the house was bought on the following day 7/24/09. Are the new buyers able to change the locks on me before the sale has been fully finalized because from my understanding i should still have 20-30 days to vacate all of my personal belo...

    Raffy’s Answer

    The new owners must evict you and to do so they must initiate formal eviction proceedings. An Unlawful Detainer (an eviction) is technically a lawsuit seeking possession of the premises at the very least. Though the process is quick compared to traditional court timelines, it can still take several weeks from the time the lawsuit is filed to the time a Sheriff is knocking on your door to remove you and lock you out. Here in LA county, this timeline is realistically 7-12 weeks, slightly more, slightly less sometimes. Within that time, you must receive several notices at each step of the way (first a 3 day notice to quit, then a summons and complaint, then a trial date, then the outcome, then a Sheriff's notice giving you 5 days to vacate). You will receive plenty of warnings along the way but the Sheriff's will be the last one. If anyone, at any point in time prior to all of the above, attempts to enter the premises without notice or change the locks on you, you should call the police. A landlord cannot exercise such summary eviction; they must follow the legal process.

    See question 
  • Short Sale Question.

    I purchased a condo in san dieog in 2006. Primary residency 1st and 2nd of 274,000 and 80,000. I went deliquent on the property in 2008 10 months later, the lender from both the 1st and 2nd approved short sale. The 1 st acceped 122,00 and the ...

    Raffy’s Answer

    You should be worried. You need to make absolutely sure that you are not defeating the whole purpose of a short sale, which is to get your lender to agree to a lesser amount as full and final payment for your obligation.
    Call your lender (or the law office sending you the agreement on the lender's behalf) and ask them which portion of the agreement states that they are forgiving the debt and will not be pursuing a deficiency judgment. It could be buried in the fine print.

    If they can't point out the language then they are really not offering you a short sale at all; they are accepting the current payment towards your loan and holding you responsible for the balance. If so, then you can always decline, just make sure that you can still accept the very generous offer on the second; it may not necessarily be contingent upon you accepting the first.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

    See question 
  • Can I appear as counsel for my wife in court regarding an attempt to collect a debt?

    Ford Motor Credit has issue a wirt of summons for my wife to appear in court for the balance of money she owes on a repossesed vehicle. My name was not on the loan and I would like to know if I can represent her in court regarding this matter

    Raffy’s Answer

    General Rule: You cannot represent someone else in court without a license to practice law.

    See question 
  • Do I need an attorney

    I am falsely being shown as 60 days late in making mortgage payments. I have repeatedly sent proof the payments they have not credited me for have been made but I cannot seem to make any progress. This started in Sept 2008 and is still in the sa...

    Raffy’s Answer

    If you have copies of cashed checks showing your timely payment, this is likely a slam dunk case of false reporting. In many states, likely Colorado too, there are statutory penalties against persons who knowingly file false delinquencies to one's credit profile.

    An attorney could promptly file the proper notices and likely have it removed within 90 days. If not, you can take them to small claims or sue them for the false reporting. The statute will probably entitle you to attorney's fees.

    Best to speak to a collections attorney licensed in Colarado.

    See question 
  • 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?

    The Realtor Company and Broker are one in the same. I have been denied my right to make a phone call to them when they knew I didn't want to sell my mother's house that I share with three others on title and a bank loan. My brohter had them put t...

    Raffy’s Answer

    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.

    See question