Richard Alan Rodgers’s Answers

Richard Alan Rodgers

Thousand Oaks Real Estate Attorney.

Contributor Level 16
  1. What can forming an LLC or S-corp help to protect real estate flipping business?

    Answered almost 3 years ago.

    1. Michael Charles Doland
    2. Richard Alan Rodgers
    3. Alexander Simone Maniscalco
    4. George William Wolff
    4 lawyer answers

    I assume you are looking forward and thinking about future business because forming a corporation or LLC now would have no effect on personal liability for past transactions. Unless your tax professional tells you otherwise, an LLC is all you need, Easy and quick to form, with a $70 filing fee and a one page Articles of Organization, and less formalities to follow. You will have to pay a mimnimum franchise tax fee of $800 per year, You get the same protection against personal liability as a C...

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  2. Can an hourly employee be made an officer of C corporation. Any possible liability issues?

    Answered over 2 years ago.

    1. Michael Charles Doland
    2. Richard Alan Rodgers
    3. Dana Howard Shultz
    4. David Thien Tran
    4 lawyer answers

    In addition to Attorney Doland's answer, you should get a copy of the corporate resolution that appoints you as an officer (don't rely on verbal), and the bylaws that show the corporation shall indemnify its officers against any claims damages or lawsuits related to or arising from the oficer's duties. Richard A. Rodgers, Esq. (805) 230-2525 200 N. Westlake Blvd. Ste 201 Westlake Village, CA 91362 rar@sd-attorneys.com www.sdresq.com

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  3. Can a 2nd trust deed holder pursue a collection against a borrower under the following circumstance or report to credit agency

    Answered about 2 years ago.

    1. Richard Alan Rodgers
    2. Frank Wei-Hong Chen
    3. David L. Carrier
    3 lawyer answers

    The holder of a purchase money mortgage secured by a deed of trust on 1-4 dwelling units cannot obtain a deficiency judgment in any event. (CCP 580b) Richard A. Rodgers, Esq. (805) 230-2525 200 N. Westlake Blvd. Ste 201 Westlake Village, CA 91362 rar@sd-attorneys.com www.sdresq.com

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  4. Is it legal in the state of California to take title to property as an "unmarried man as his sole and separate property" when

    Answered over 2 years ago.

    1. Richard Alan Rodgers
    2. Tai Christopher Bogan
    3. Donald Bradley Cripe
    3 lawyer answers

    Under the Family Code, and well settled case law, you and your husband owe each other a fiduciary duty - the highest duty of loyalty which precludes taking any unfair advantage against the other. In a domestic or family law action, the law will presume that the quitclam deed is the product of undue influence, and therefore fraudulent, because it clearly advantages the husband and is against your ownership interests; the family law court wil liklely set aside the deed. Your husband would have to...

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  5. How do we change the vesting title to our property from Joint Tenants to Community Property w/Right of survivorship?

    Answered almost 3 years ago.

    1. Richard Alan Rodgers
    2. Kristina Michelle Reed
    3. David S Hoffman
    3 lawyer answers

    To change the vesting of title, from JT to CP w/ RS, you need to record a deed; Grant Deed from the current owners (husband and wife as JT) to the new owners, H&W as CP with RS. The deed is exempt from transfer tax under Revenue & Tax Code 11930 as a gift, and exempt from reappraisal under R&T Code 62. Richard A. Rodgers, Esq. (805) 230-2525 200 N. Westlake Blvd. Ste 201 Westlake Village, CA 91362 rar@sd-attorneys.com www.sdresq.com

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  6. Can I sue on a breach of contract if I declare bankruptcy on the debt?

    Answered over 2 years ago.

    1. Richard Alan Rodgers
    2. Frank Wei-Hong Chen
    3. Alan D. Walton
    3 lawyer answers

    At the time you file for bankruptcy all of your assets become part of the bankruptcy estate under control of the bankruptcy Trustee. Any existing or contemplated rights of legal action (fraud against the seller) are also assets of the bk estate subject to control by the Trustee. If the Trustee abandons any claim to this legal action, or after discharge of your bankruptcy, you may pursue the action. If you are in a Ch. 13, you may be able to pursue the action directly during the bankruptcy as a...

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  7. How can I remove a lis pendens?

    Answered about 2 years ago.

    1. Richard Alan Rodgers
    2. Robert Pecco Baker
    3. Frank Wei-Hong Chen
    3 lawyer answers

    Assuming you are the one who recorded the lis pendens as part of your lawsuit againt the lender, you have to record a Notice of Withdrawal of Notice of Pending Action (See CIv Code 405.5) Below is a link to a sample form notice. Richard A. Rodgers, Esq. (805) 230-2525 200 N. Westlake Blvd. Ste 201 Westlake Village, CA 91362 rar@sd-attorneys.com www.sdresq.com

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  8. I have a property in bankruptcy that is listed on the asset schedule. We were noticed to quit last week .

    Answered over 2 years ago.

    1. Richard Alan Rodgers
    2. Michael Avanesian
    3. Kathryn Ursula Tokarska
    4. Alan D. Walton
    4 lawyer answers

    If you are in bankrutpcy, the automatic stay operates to prohibit any action by a creditor against you or the assets of the bankruptcy estate. An unlawful detainer action is a violation of the automatic stay as against you and the lease which is part of the banruptcy estate. The landlord's attorney knows that. He/she must file a motion in bankruptcy court for orders granting relief from the automatic stay. Richard A. Rodgers, Esq. (805) 230-2525 200 N. Westlake Blvd. Ste 201 Westlake...

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  9. At the divorce I took the house but was not able to refi since the house was upside down. I want to foreclose but my ex is

    Answered almost 2 years ago.

    1. Howard M Lewis
    2. Richard Alan Rodgers
    3. Edward Lewis Blum
    4. Stephen Ross Cohen
    5. Stephen R. Best
    5 lawyer answers

    Whether your ex can take you back to court depends on the wording of the final judgment. If the court judgment (incuding any marital settlement agreement incorporated into the judgment) states that you must continue making payments, regardless, then yes - the ex could do that. But, it does not seem likely that such orders exist since the house was awarded to you and the ex is not living there. In the off-chance that the judgement requires you to make payments, and the court reserved...

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  10. Mortgage broker negligently handled my loan causing financial damages. Can I sue him for damages? Do I need to hire an attorney?

    Answered almost 2 years ago.

    1. Richard Alan Rodgers
    2. Reginald Perez Mason
    3. John P Fazzio III
    3 lawyer answers

    It sounds like your mortgage broker was negligent, but in order to have a valid cause of action, you will have to show that the broker's negligence was the proximate cause of your damages. Did you eventually close escrow on the property? If you had to pay more costs and fees because of the unreasonable delay in closing on time due to the broker's negligence, you may have a good case. You can sue in small claims court for up to $10,000, without a lawyer. I don't see how you would incur...

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