Michael Gary Perdue's Answers

Michael Gary Perdue
Carlsbad Trusts Attorney.
Contributor Level 7

2

Attorney answers:

  1. Thomas Eugene Stindt
  2. Michael Gary Perdue

Mortgage house in trust. should I take out of trust

Asked by a user in Sacramento, CA - over 3 years ago.

Before I answer, I need to make a couple of assumptions. First, that the "trust" you are referring to is a simple revocable living trust (i.e. one that currently holds title to your assets, of which you serve as trustee and is revocable or amendable by you at anytime). Second, I am assuming that your "mortgage" is a standard bank type loan secured by a Deed of Trust. No, do not take your property out of trust. In California it does not matter if your house is in or out of your trust,...

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1

Attorney answers:

  1. Michael Gary Perdue

Sale of a mobile home and the legal right to take it off the market before the end of the realitor's contract.

Asked by a user in San Marcos, CA - over 3 years ago.

Typically, you are NOT required to agree to an extension of an agreement. This agreement does not sound like a REALTOR (c) agreement, and I am concerned about the language of the agreement does not sound appropriate for a licensed person. The use of the word "dealer" may indicate that the person selling your home is licensed with the Department of Motor Vehicles (if it is more like a motor home) or the Department of Housing and Community Development (if it is more like a manufactured home),...

1

Attorney answers:

  1. Michael Gary Perdue

Bank account

Asked by a user in San Marcos, CA - over 3 years ago.

Being a "signer" on an account in California make the person a "joint" owner of the account. Since your father's loan was with the bank, his loan documents most likely said that any account he had at the bank would be liable for deficiencies. First, demand that the bank (or your dad) give you a copy of his loan documents to see if in fact they did have that right. Second, demand that the bank show you proof that your dad was a co-owner of the account. Third, tell your dad to pay you...