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Michael Raymond Daymude

Michael Daymude’s Answers

6,993 total


  • Our home is in my deceased mothers and soon to be ex husbands name, I'm named in her will, how can I put the deed in my name??

    My husband and deceased mom's name are on the mortgage and deed. Not mine. I'm named in her will and living trust to receive her part of the home. It's listed as tenants in common. He also had it recorded as 95% his and only 5% hers. We did not kn...

    Michael’s Answer

    You need a family law lawyer and, potentially, a trust or estate lawyer to clear title to the house. This is *not* a DIY project under the facts you mention. The sooner you retain counsel the better. The longer you wait, the more expensive it is likely to be and the less certain the results. Good luck.

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  • What happens if my CPA falsified numbers on my taxes and now theIRS sent me a letter that they are auditing me for 2012.

    My CPA falsified numbers on our 2012 Tax Return and now they are auditing us for that year and the only thing my CPA keeps telling us is to come up with legal fees receipts for 12,600 and storage fees for 3,250.00. I never ever told him and implie...

    Michael’s Answer

    Sorry to read about your problems but taxes are *your* responsibility and you are responsible for the numbers being correct. If you do not have receipts, be prepared to pay more in taxes and penalties. You may have a case against your accountant for reimbursement of any penalties but the taxes you owe are your own responsibility if you cannot prove entitlement to your deductions.

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  • Can i sue sellers listing agent?

    Sellers' listing agent disclosed pending HOA litigation after I released part of the escrow deposit ($2500) to the sellers. Because of the litigation bank denied my loan. I was going to take the sellers to small claims for the late material disclo...

    Michael’s Answer

    Unfortunately, the seller is probably a necessary party. Even if not, your proof will probably fail without evidence you can only get from seller.

    You probably have an arbitration provision in the deposit receipt and/or escrow instructions. It is unclear why you released part of your deposit to sellers. That could be problematic. Unfortunately, the sum of $2,500 does not warrant the involvement of an attorney.

    Review your deposit receipt and escrow instructions for arbitration provisions. Then, either file a small claims action or arbitration against the seller, seller’s broker, and seller’s agent. If you have appropriate proof, your case should settle prior to trial or arbitration. If not, you lose. Good luck.

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  • Considering Default on Promissory Note for 96 acres Raw Land (DOT) purchased from Partnership

    4 yr Installment Note was due June 2014 but after 2 of the Gen'l partners died prior to date, full title and payoff delayed until June 2015. My financial situation has changed during the past year so I listed the prop for sale a year ago but San...

    Michael’s Answer

    You may be liable for a deficiency judgment in a judicial foreclosure action. You might also receive a 1099 re debt forgiveness. Judicial foreclosure may take a year or longer. Non-judicial foreclosure takes at least 4 months, usually longer,

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  • I need to find an attorney that has experience with met life and a assignment of life insurance policy.

    An insured assigned met life insurance benefits ownership to a friend of his for owing money that was borrowed from that person. The same insured that owed money to another person agreed with the secondary person as well as the current owner to a...

    Michael’s Answer

    Use the "Find a Lawyer" function here on Avvo to locate an attorney near you. This is not the place to solicit attorneys. Generally, assignments and changes in beneficiary must be noted on the books of the insurer to be effective, usually on their forms.

    If the insured and owner of the policy is still alive, the owner may still be able to obtain the insurer's consent to the assignment. If not, then the assignee is left with making a claim to the proceeds. If the insurer is faced with competing claimants, the remedy is an interpleader.

    BTW, I don’t like the broker’s case based upon the bare facts presented. The broker’s contract with the insurer and/or the insurance contract probably forbids the assignment.

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  • Is Deed of Trust on jointly held property required to be maintained by lender if couple is divorced in California?

    Son is getting a divorce in California. His grandfather has a deed of trust with the married couple for their home. Does grandfather have to honor this deed if separation results in his wife retaining ownership of property?

    Michael’s Answer

    Your question is confusing. A deed of trust gives the lender (the grandfather) a security interest in the property. If the borrowers (your son and his wife) do not pay the grandfather according to the terms of the note and deed of trust, the grandfather may foreclose. So long as timely payments are made on the note, the grandfather cannot foreclose or alter the terms of the note or DOT. Your son's divorce does not alter this result. Both parties must “honor” the note and deed of trust.

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  • In a family law matter, is it hearsay for a non party to file declaration of what conversations he had with another non party?

    IF a auto mechanic tells me on the phone he never billed the amount for the services the other party in the divorce claims, and her husband (who is my employer) asks me to sign a declaration stating what the mechanic told me, is this hearsay?

    Michael’s Answer

    An extra judicial statement offered to prove the truth of the matter asserted is hearsay. However, there are many exceptions to the hearsay rule and declarations are frequently used in family law. The mere fact that you might consider the matter hearsay should not prevent you from signing a declaration as requested if it truthfully sets forth what the mechanic told you. Let the court separate the wheat from the chaff.

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  • How do I remove my daughter's name from my deed. With out her signature. She has never paid a dime towards the mortgage.

    Quiet and easy

    Michael’s Answer

    There is nothing easy or cheap about a quiet title action. Mr. Chen as provided correct guidance.

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  • Can I sue my attorney who told me we don't need to share the settlement with my hospital?

    So last year in May I was involved in a motorcycle accident with a drunk driver who left me with a broken pelvis and two broken toes. I had an attorney who after months of paperwork settled for his insurance's policy limit ($15,000). I even asked ...

    Michael’s Answer

    You have no case against your attorney based upon the facts you present because you have not suffered any damage. Additionally, while most attorneys will negotiate medical liens, attorneys are not required to do so as part of most fee agreements.

    Depending on facts you have not posted you may have an equitable claim to keep all or a portion of the alleged reimbursement claim under the "made whole" doctrine. You may wish to discuss this with the attorney who handled your case or pay another attorney to handle Kaiser's reimbursement claims.

    As an aside, when a medical provider does not have a statutory or consensual lien, some clients insist or prefer that the entire settlement proceeds be paid directly to them. I suspect you misunderstood your attorney’s advice to you. Good luck.

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  • Need a lawyer's help a quiet deed. For people on a fixed income

    Trying to remove a daughter's name from deed. To refinance my house.

    Michael’s Answer

    Your question is not clear. Do you simply need a quit claim deed prepared, or do you need to file a quiet title action because your daughter refuses to give up her interest in the house? If the later, quiet title actions are expensive to prosecute and there are no default judgments. In other words, they do not come cheap, even for persons on a fixed income. I recommend you consult an attorney to determine your options. Good luck.

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