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Mark Elliott Saltzman

Mark Saltzman’s Answers

66 total


  • What options and or rights do I have and is it legal for him to remove any of my personal property without some kind of notice

    my son is threatening to remove my trailer from what is now his property...which was my name was on and recently I signed over to him

    Mark’s Answer

    You need to sit down with an attorney to fill in the gaps, in your story. For example, why did you transfer the property to your son? Was there an agreement that, following the transfer, you would still be able to use the property to store your property? Was that your understanding? How did you come to that understanding (e.g. did he do or say anything to give you that impression?)? Ordinarily, the landowner would provide appropriate notice that he will consider your trailer abandoned property. There is a procedure that he must follow to, eventually, get rid of it. You may have rights, though. Check with an attorney.

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  • Would this type of business be legal in Los Angeles?

    Would this type of business be legal in Los Angeles? Adults only, disclaimer and agreement signed Sensual massage, aimed at couples. Some genital touching by workers, no sexual acts with workers. Workers leave and allow couples to complete their...

    Mark’s Answer

    In California, "prostitution" means engaging in sexual intercourse or any lewd act with another person in exchange for money or other consideration. A "lewd" act is defined as any act that involves touching the genitals, buttocks, or female breast of another person with the specific intent to arouse or gratify someone sexually.

    Your idea includes "genital touching." That's illegal.

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  • What can I do? Closing bank accounts to cut off auto-pay support.

    I just found out that my soon-to-be EX closed our joint bank account (after he was served divorce papers). This account had auto payments for support going to me. I know he did this to intentionally steal my support payments. What can I file to ge...

    Mark’s Answer

    It's unusual for a bank to close an account, without the signatures of all account owners. Perhaps, you ex just removed all the money. That can be done by any of the account holders. If the automatic support payments were the subject of a court order, you can go to court and have a proceeding where you ex must show cause why he should not be held in contempt, for not following the order. If the automatic payments were just the subject of an agreement, you can file a motion for an order of support. That way, you will have a formal order. You may also be able to have your support payments taken directly from his paycheck. That is, the employer will send you the money. Check with the court's website for procedures, or, better yet, check with an attorney. You have plenty of options.

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  • Ex to be emptied bank accounts and closed credit card.... Can he do this?

    My ex to be emptied both bank accounts with the exception of $200. His attorney told him to do this and to put me on a $200 "allowance".... He also closed our only credit card with out my consent or knowledge. Can he legally do this? I have no...

    Mark’s Answer

    Don't let your ex put you on an allowance. Go to court and get a support order and an order that he turn over your share of the money to you. Each spouse has a right to access community funds for ordinary expenses, but must provide the other spouse with prior notice, before extraordinary expenses are made. Don't be bullied. Your profile indicates that you are in Pittsburgh, CA. You can get a lot of help at the Contra County Court website, http://www.cc-courts.org. Better yet, you should get an attorney, who can bring a motion to have your husband pay his fees.

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  • Negotiate HELOC owned by Real Time Resolutions

    I have a home in California with a $260,000 first and about a $240,000 second and BPO of $400,000. Real Time Solutions got this (second) HELOC from Bank of America. I filed for BK7 in 2009 which included both loans and was discharged. I am in a re...

    Mark’s Answer

    With the first being only $260K and a BPO of $400K, the second is secured to the extent of the difference, $140K. That would make the first completely secured and the second secured by the $140K. Unfortunately, you cannot strip a lien that is even partially secured. That means that you must pay the second. Inasmuch as you want to keep the home, I suggest that you try to work out a payment plan with the RTR. Alternatively, you may be able to get refinancing to cover the second or the first and second, from the holder of the first or another lender..

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  • Lender paid off 100% on 2nd trust deed - what is timeline required for paid off lender (or trustee) to reconvey the trust deed?

    We provided a 2nd trust deed with original seller when purchasing our California residence. We have made a full 100% payoff to seller, however, the seller has not reconveyed the trust deed(neither signed reconveyance documents or recorded). Seller...

    Mark’s Answer

    Generally, the beneficiary (your seller) must deliver reconveyance documents to the trustee within 30 days of the payoff. Then, the trustee has 21 days to record the reconveyance and return the original note to you. There are some exceptions, but that's the way it usually works. As for the deed of trust, it must be recorded to be an effective security instrument. If it was not recorded, it puts the lender at risk, as the lender would not be able to foreclose on an unrecorded deed. If the trustee does not record the reconveyance and return your note, you can bring an action to force it.

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  • Both of us owned or houses prior to our marriage. Does the other spouse have rights to make escrow decisions?

    Now we have filed for divorce and I am selling my home. Does my souse have rights to be included on escrow processes, documentation and fund disbursements? I paid for her home for years. She hasnt paid anything on my home.

    Mark’s Answer

    Your question is, often, the subject of litigation that is decided by the Court or by agreement. When you got married, the property that you brought into the marriage was separate property. That is, each of you owned your homes, unless you had an agreement to the contrary. After that, issues can arise as to whether the properties remain separate or one or both of you acquired an interest in one or both houses. For example, if you paid the mortgage on your wife's home from community funds, you may be entitled to reimbursement of one-half the money. (It's only 1/2 because the other 1/2 was hers.) You may, also, be able to argue that you became an owner of 1/2 or some other portion of the home. Before you can direct the escrow holder to include you in any distribution on the sale of her house, you need to establish your interest in the property or the sale proceeds. For that, you need a court order or an agreement. I suggest that you contact an attorney to get the process started. It would be urgent to get an attorney right away, if the sale process is already in progress. You or your attorney can go to court and get an order that directs the sale proceeds in a particular way, stays the sale, or other relief that could preserve your rights, while the issue is being litigated.

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  • Does your landlord have to renovate a bathroom if it is literally not cleanable?

    We have lived in our apartment complex for 9 years now. There have been no renovations besides switching out old carpet and blinds once. One of the bathrooms in the unit has started to rust and blacken in the shower and tubs just from tenants comi...

    Mark’s Answer

    Unless your lease provides that you are responsible for maintenance (which would be unusual for an apartment), your landlord would be responsible for fixing the problem. Every lease, oral or written, has an implied warranty of habitability. If the problem has interfered with the habitability of the apartment, the landlord has breach the implied warranty and would be responsible for damages. You have several possible paths to explore. I suggest that you consult with an attorney, with your specific case or, at least, check the State of California website, dca.ca.gov.

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  • Can a Landlord legally collect rent after a MTM lease has been terminated by the Landlord?

    My former landlord served me a 30day Termination of Tenancy notice that was up 4/30/14. I stayed in the unit until 5/24 and then moved and unit was cleaned properly. I paid April rent in full. Landlord is now trying to collect for May,although the...

    Mark’s Answer

    Why would you think that you could live at the apartment for free, for 24 days? Not only can the landlord sue you for the rent, in fact, the rent for this 24-day period would be the fair rental value of the unit - not the lease rate. It may be that the fair rental value far exceeds the lease rate. I suggest that you pay for the 24 days. Try to get an agreement with the landlord.

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  • Custody settlement between me and my ex was 80/20 for the past 2 years now. He is fighting for 50/50 and he got it.

    When we got divorced, my ex asked for spousal support and he got it. My spousal support is deducted from his child support. He is trying to convince me that he will drop the spousal support if I don't ask for child support. He is convinced tha...

    Mark’s Answer

    You have reached conclusions, based on popular belief, rather than the law. This may help. Child support is a function of several criteria, such as percentage of custody, income, and who pays expenses, such as insurance. So, if the custody is changed from 80/20 to 50/50, there may be a change in the support payment, but custody is only one criterion that will be considered. You might go to your local court and fill in the figures on the Dissomaster program, generally available to the public. As for the length of support, it is common for a court to order support for half the life of the marriage, but it is not a requirement. First, check your settlement agreement. It is likely that the agreement set the term of the support payments. If not, the term can be in the final judgment. If not, you may want to bring a motion to determine that missing issue.

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