Richard Leigh Boyer's Answers

Not sure what is best to do..a short sale? foreclosure? deed in lieu of forclosure?

In a short sale, you sell your property for less than the balance of the loans against it. The problem is that unless the lender(s) will accept the proceeds of the short sale as payment in full, you are liable for the deficiency - the shortfall between the sales proceeds and what is owed. With a deed in lieu, you simply hand over title to the bank in exchange for forgiveness of the debt. Most lenders will not accept deed in lieus because they take the property's title with any encumbrances it...

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CA foreclosure law, repercussions of foreclosure

If you fall behind on your mortgage payment the lender can record a notice of default and begin foreclosure proceedings, which will eventually lead to a trustees sale. If the loan is a first trust deed, the lender will end up owning the property, and it cannot pursue you any further. Your liability for that loan will end. It will show up on your credit report and will severly damage your credit rating. If you know you will eventually lose the house to the bank, your credit will be wrecked...

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Do e-mails hold up in court??

Your ex-husband can certainly "take you to court" in an effort to modify the court's order pertaining to child custody and visitation. Whether he prevails is another question. The fact and the reason he has not been in your daughter's life will be relevant. The email you sent may or may not be admissable as evidence or determined to be relevant. There are many factors, such as: when and why was it sent? what exactly does it say? what has happened between your ex, you, and your daughter since...

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How Do I Remove an Invalid Lien on My Property?

It sounds like the story about the lien is a bluff. If a lien was recorded, you would find it in the county records. Even if a lien is eventually recorded, the company that recorded it has only 90 days to file a lawsuit or the lien is automatically void. If a lien is eventually recorded by this company, hire a lawyer and sue the company for damages and quiet title. If it were me, I would forget about it. The story sounds bogus.

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Does landlord have to accept rent?

To protect yourself, you should "tender" the rent, by sending a cashiers check by certified mail, return receipt requested. He doesn't need to accept it, but at least you will have proof you tried. He must have some reason for refusing your rent. I assume you were late, or violated the terms of the lease some other way. If so, he does not have to accept the rent, and can evict you. He must comply with notice and service requirements, but that subject is too lengthy to address here.

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What is a landlord's responsibility to the tenant with childrenn for a rental that has a pool. Re: Security

If there is no fence around the pool, the property is undoubtedly in violation of local zoning ordinances. Pools must have security fences with child safe latches on the gates. So, the property owner has a legal obligation to fence the pool whether or not the tenants have children. Having said that, a landlord would be insane to rent a property with a pool if there was not adequate fencing around it. The liability exposure would be huge. However, everyone is required to act reasonably under the...

My heater is broken and my landlord says it will be a week to fix it. Can I go buy a space heater and deduct it from the rent?

Before considering your legal right to buy a heater and deduct it from your rent, perhaps you should consider alternatives like asking the landlord to provide a temporary heater, borrowing one from a freind, or buying one at Costco, then taking it back when the heater is fixed. If you were to buy one and deduct it from your rent, you should give it to the landlord when she fixes your FAU. Legally, you can make necessary repairs that your landlord won't and deduct them from your rent. Remember,...

I found an out of state address (FL) for my landlord through a people search website. How can I verify it is current?

The beauty of suing someone outside California is that you can effect proper service by mailing the complaint to them, certified mail, return receipt requested. Service is deemed complete five days after receipt. As far as verifying their address, you can have an investigator do it for a nominal fee. Lawyers can do it through services like Accurint for a nominal fee. I wouldn't trust people search, but the only downside risk of sending to them at that address is that it might come back, with a...

Tenant in California. Short sale approved but seller will not be kicking him out, what must buyer do to get him out?

In this scenario, the buyer steps into the shoes of the seller, the current landlord. The new landlord will have to take the same steps to evict the tenant as would the prior landlord. The landlord can evict for cause on short notice - three days or thirty days, depending on the cause. Under some circumstances the landlord may even have to give 60 days notice. However, if the landlord simply wants to terminate the lease without cause, he/she must abide by the lease terms or be in breach of the...

Can buildings be grandfathered in after someone passes away?

The definite answer to your question is - sometimes. Whether the local building department will accept the unpermited construction depends on a number of factors, like, were the buildings built to code? If not, chances are the building department will not accept the buildings until they are brought up to code. If the buiding department cannot tell if the buildings were built in conformance with all of the applicable code requirements, they will want some portions of the building to be...