Michael Anthony Turek's Answers

Am I still liable for paying my 2nd mortgage if I lost my home to foreclosure

If the foreclosure was done through a trustee's sale, as opposed to a lawsuit in court, then you are not liable, because the nature of a trustee's sale is that the process is easy for the bank but the bank misses out on the extra money. However, on a second mortgage, if the amount of debt exceeds the current value of the house, the bank does have the option of doing the foreclosure through a lawsuit in court, and if it does so, you can be held liable for the second mortgage up to the...

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What is the process for contesting ex spouse's modification of the support order

File a response on form FL-320, and an Income and Expense Declaration in which you state your actual level of income. If neither she nor you live in the county in which she is now filing, object to venue as improper. If the OSC she filed is under a different case number from the case in which support was originally set at zero, then you should probably attach that as an exhibit to the declaration in your response. Also file a form called Notice of Related Case, in order to inform the court...

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Estranged father signed quitclaim deed and now claiming forgery.

He has the burden of proof to show that the quitclaim deed he signed is forged, and since you got it notarized, he probably has no hope of succeeding. If you feel like the case is going on too long, you can file a request for a trial date, at which it seems like you should win and that case will be over. I cannot tell if your parents are divorced yet or not. If they are not, and your mom wants to get divorced, she can file for divorce. If your dad wants to claim there was a prenup which...

CA separate and community property laws

You are right that Moore/Marsden only applies if community money is used to pay down the mortgage on a separate property house. You are also right that money that H receives as a gift is his separate property, as long as the giver intended to give the money to H alone and not to the married couple. So, if H uses separate property money to pay his mortgage, then Moore/Marsden would not come into play. The challenge is to establish that the money which went to pay the mortgage was the money...

TEMP. RESTRAINING ORDER

You should oppose it in court, since having a restraining order against you puts you into a special computer database kept by the police, and can cause you problems down the road such as when seeking a job. If the restraining order served on you was issued by a family law court under the Domestic Violence laws, you could object that the incident was not "domestic violence" as defined in Family Code Section 6211, which limits DV actions to spouses, couples living together, and certain other...