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Richard Alan Rodgers

Richard Rodgers’s Answers

1,021 total


  • My friend is loaning me money, I want to put my house up for collateral. What form do I sign so they can lien my home if I don't

    pay them back?

    Richard’s Answer

    In addition to the excellent advise from the other attorneys here, to clarify, once you give your friend the Deed of Trust a lien is created automatically; the DOT is a lien. The DOT contains a 'Power of Sale" which means if you don't pay back the loan as agreed, your friend can foreclose and take your home. www.sdresq.com

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  • I was fined by home owners association without notice.

    I recieved a fine for parking my inoperable vehicle in my closed garage, and for having oil containers and other misc... they fined me with a notice is this justified or is this harassment? Can I take this to the city?

    Richard’s Answer

    Matters of HOA governance are contained in the HOA Rules, By Laws and recorded CC&Rs. An HOA is a private corporation and not subject to oversight by the City. It sounds like a member of the association doesn't like what you are doing and found some restrictions against storing hazardous materials in garages (understandable since that could be a fire danger to the Common Area structure). The Rules and CC&Rs and/or By Laws should have a procedure for appealing a fine. Also, if the Association uses a professional management company, you can call them for procedural details. www.sdresq.com

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  • Trees overhang to our neighbor's backyard !

    Our trees are overhanging to our neighbor's backyard and he is requesting us to trim the trees. We have been cooperating with him since we moved in. Our trees were trimmed 2 years ago and we think they are OK not too much overhang. We just redid t...

    Richard’s Answer

    Mr Johnson's advise is sound and should be followed as much as possible. Basically, your neighbor has the right to cut overhanging branches back to the vertical plane of the property line. If you want the tree to have more natural shape then you need to work that out with your neighbor. The neighbor will probably not file suit for nuisance to obtain injunctive orders for you to abate the nuisance by trimming the branches because the legal costs are high and probably not justified. Better to work it out. Good luck! www.sdresq.com

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  • Can I sue girlfriend's ESTATE to recover part of her mortgage I paid, repairs and out-of-pocket expenses before/after her death?

    I lived with my girlfriend 13 years. Last three (3) years she purchased home. I paid a third of mortgage, daughter and her husband paid a third. I made repairs as needed, replaced water heaters, and other household equipment (out of pocket) with ...

    Richard’s Answer

    If there is no significant equity (probably not), it's not worth spending thousands of dollars in attorney fees trying to stop the foreclosure - which is usually futile anyway unless you have some clear and convincing evidence of fraud or procedural irregularities in the trustee sale process. And there is probably not enough total estate value to justify a probate. Even if you make a creditor's claim in probate court for return of your mortgage payments, the likely defense is that it was your rent. Generally a claim for ownership of real property needs to be supported by a written document. (Statute of Frauds) Good luck. www.sdresq.com

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  • Do I have any rights to property?

    I have been living in my mother's condo paying the mortgage, taxes & hoa for the last nine years.. 2 yrs ago she added my sister's name on the deed to try and refinance.Property did not qualify as it is worth less than when purchased. Mother said...

    Richard’s Answer

    All good advice here and you seem to have equitable rights. I would only add that the first thing you should do is determine whether there is any net equity here worth fighting over. What is the realistic actual fair market value of the condo today? After normal cost of sale (say 8%) and payoff of the mortgage and taxes, etc, is there enough net net cash equity left over to make it worth a legal battle with your sister? www.sdresq.com

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  • How to I protect my assets when I can no longer pay my mortgage.

    I recently retired and can no longer afford my mortgage payments (1st & 2nd). I applied for a loan modification and was denied because they are considering my ex-wife's pension as gross income because the whole pension check comes to me and I dis...

    Richard’s Answer

    In addition to any bankruptcy options, you should know that if the first lender forecloses by Trustee's Sale, that lender cannot go after your other assets (no deficiency judgment), and that holds true for the second loan if it was obtained as part of your original purchase. However, if the second loan was taken after you purchased the property, then the current holder of that mortgage note (if different from the first lender) can sue you for the unpaid balance of the second loan. If you sell the property on a 'short sale', and the lenders agree to take less than what is owing, there can be no later action against you for any deficiencies (See Code Civil Procedure 580e) You should consult with an attorney. www.sdresq.com

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  • Hello I am auditing a funded mortgag file, and the deed of trust should have the box with 1-4 family rider checked off

    it does not. What kind of violation and remedy are there?

    Richard’s Answer

    As Mr. Daymude inferred, it sounds like you are 'auditing' your own mortgage loan looking for a technical loophole. That effort will bear no fruit. If you are trying to avoid a foreclosure, you should speak with a real estate / foreclosure attorney. www.sdresq.com

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  • I listed the correct address but wrong unit number on a 3 day quit for my duplex. It was delivered and posted. Is it faulty?

    Finally have the change to file a UD but want to be sure I won't get nixed by the judge for a fault notice. It is otherwise correct.

    Richard’s Answer

    As noted by other attorneys here, you must start over with an accurate notice. Unlawful Detainer actions and statutory notices are strictly construed against the landlord. Richard A. Rodgers, Esq.
    www.sdresq.com

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  • Ownership of a planted tree on another's land

    Lets say I plant a tree, bush or make a garden in my neighbors yard. I bought the tree, bush and this veggie garden I planted. Who owns the tree, bush and garden, me or my neighbor? Lets say my neighbor gives me permission to plant this tree nex...

    Richard’s Answer

    Generally, absent a written contract, specific statute or ordinance, plants belong to the owner of the land where the plants are growing. The owner of the land where the tree is growing is liable for damages caused by the tree, whether by roots, branches or falling. In the case of trees planted on government property or rights of way, responsibility can be shifted to the adjacent landowner by government stautes, regulations, rules or ordinances. (i.e., trees in a curbstrip alongside a sidewalk) You should consult a real estate attorney in your community to discuss further.

    Richard A. Rodgers, Esq.
    (AVVO does not allow me to put my address or phone number here but you may visit my website at www.sdresq.com)

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  • As a California Real estate Broker you can hang your license with as many firms as you like.

    Download form 203 from the DRE website and send it in within five business days.

    Richard’s Answer

    Is there a question pending here?

    Richard A. Rodgers, Esq.

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