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Michael Bernard Rover

Michael Rover’s Answers

46 total

  • Writ of execution

    Once a writ of execution has been obtained, what methods can someone use to locate your banking information. Do they need an actual account number or will a SSN and name suffice?

    Michael’s Answer

    Often times, the plaintiff's attorney willhave obtained a copy of a check during discovery in the case that led to the judgment. You can move your bank account to avoid that information frombeing useful. But ultimately you will have to provide that information if it is properly requested through post-judgment discovery or a judgment debtor examination. A diligent attorney will find out what assets you have and keeping levying until you've paid in full or there's nothing left to recover. At this point, your privacy rights don't protect your financial information. It would be best to contactthe plaintiff's attorney to make arrangements to pay the judgment or, if you simply cannot pay, consider bankruptcy.

    Attention: This response is based upon general legal theories and may or may not specifically address issues that affect your individual legal matter or situation. It should not be relied upon outside of the jurisdiction(s) in which the attorney is licensed to practice as each state has different laws. Each situation is fact specific and requires comprehensive legal evaluation following a thorough consultation and review of all the facts and evidence available. This response does not create an attorney-client relationship between the asking and answering parties.

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  • If my home is foreclosed on can they throw out the tenant?

    I recently rented my vacation home for 2.5 months. If by chance I can't work out a loan mod, can the bank foreclose and immediately throw out the tenant- or do they have to live by the lease agreement and let the tenant stay until the end? The ...

    Michael’s Answer

    This is not necessarily legal advice, but inmy experienece with clients and friends who are tenants whose landlords have lost the house through foreclosure, the tenants have been contacted by a representative of the foreclosing lender and offered cash-for-keys to move out on an agreed date and leave the house in good condition. Some have received as much as $2,000 to $5,000.

    Attention: This response is based upon general legal theories and may or may not specifically address issues that affect your individual legal matter or situation. It should not be relied upon outside of the jurisdiction(s) in which the attorney is licensed to practice as each state has different laws. Each situation is fact specific and requires comprehensive legal evaluation following a thorough consultation and review of all the facts and evidence available. This response does not create an attorney-client relationship between the asking and answering parties.

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  • Can a store employee and security guard make a minor strip to check if she stole something

    my 17 year old daughter was caught shoplifing at the mall the employee running the camera came out of the store and brought her back in they made her strip to check if she had any merchandise on her is this legal without a parents notification

    Michael’s Answer

    There is no 4th amendment issue unless the police are involved. The merchant's privilege allows merchants to detain for a reasonable time and scope based on what is observed. You have an argument that the search exceeded the bounds of what's reasonable unless she jammed the item down her top or something to conceal it from detection.

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  • My question was not for child support but for spousal supporte, there were not children as a result of the 3 yr 9 mth marrage.

    How can I get spousal support stopped? I have been paying spousal support for 2 1/2 yrs. for a marrage that lasted only 3 yrs. 9 months. We had no children together. One lawyer said that spousal support could be stopped under California Family Cod...

    Michael’s Answer

    Go see Don Griffith in PD. He's excellent and gives a 30 minute free consult. 760/836-0016

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  • Behind payments of construction loan on my home which never got started building. The consequences of judicial foreclosure?

    I got a construction loan to build my personal home. We got the permits and the bank paid about $300K. We could not start building and are now behind payments to both the Bank and HOA. What are the consequences of the Bank starting a judicial fore...

    Michael’s Answer

    Judicial foreclosure allows the bank to seek a deficiency judgment (personal judgment against you for the shortfall after the trustee's sale) which they would not be able to obtain via non-judicial foreclosure. Practically speaking, banks generally don't pursue judicial foreclosure unless they believe there has been some sort of fraud or misappropriation. They probably think you have taken the $300,000 and may have some or all of it hidden somewhere.

    Attention: This response is based upon general legal theories and may or may not specifically address issues that affect your individual legal matter or situation. It should not be relied upon outside of the jurisdiction(s) in which the attorney is licensed to practice as each state has different laws. Each situation is fact specific and requires comprehensive legal evaluation following a thorough consultation and review of all the facts and evidence available. This response does not create an attorney-client relationship between the asking and answering parties.

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  • What funds in a construction project does a stop notice affect? Only the scope involved or all sub contracts?

    The scope of work is erection, it has been completed. There is a dispute over change orders. Most of the erection has been paid, the prime contractor claims no more money available for remaining change orders. Erector has been paid about 80% not i...

    Michael’s Answer

    Your question leaves out a few important facts such as whether this is a private or public works project. To answer your question directly, the Stop Notice affects only the funds claimed in the Stop Notice and the specific trade/scope. However, many institutional construction lenders "freak out" when a Stop Noitce is served on them and it can have the effect of the lender refusing to fund anything.

    Attention: This response is based upon general legal theories and may or may not specifically address issues that affect your individual legal matter or situation. It should not be relied upon outside of the jurisdiction(s) in which the attorney is licensed to practice as each state has different laws. Each situation is fact specific and requires comprehensive legal evaluation following a thorough consultation and review of all the facts and evidence available. This response does not create an attorney-client relationship between the asking and answering parties.

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  • What funds in a construction project does a stop notice affect? Only the scope involved or all sub contracts?

    The scope of work is erection, it has been completed. There is a dispute over change orders. Most of the erection has been paid, the prime contractor claims no more money available for remaining change orders. Erector has been paid about 80% not i...

    Michael’s Answer

    Your question leaves out a few important facts such as whether this is a private or public works project. To answer your question directly, the Stop Notice affects only the funds claimed in the Stop Notice and the specific trade/scope. However, many institutional construction lenders "freak out" when a Stop Noitce is served on them and it can have the effect of the lender refusing to fund anything.

    Attention: This response is based upon general legal theories and may or may not specifically address issues that affect your individual legal matter or situation. It should not be relied upon outside of the jurisdiction(s) in which the attorney is licensed to practice as each state has different laws. Each situation is fact specific and requires comprehensive legal evaluation following a thorough consultation and review of all the facts and evidence available. This response does not create an attorney-client relationship between the asking and answering parties.

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  • Am I sunk because I dint serve the 20day preliminary notice and cant take him to court now or am I lost and he doesnt have to pa

    I am an electrical contractor who signed a contract with a general contractor but didnt serve him a 20 day preliminary notice. In October 7 I sent a signed change order wherein I state in order for me to instll the 100 amp panel this weekend I nee...

    Michael’s Answer

    The failure to file a 20 Day Preliminary Notice probably eliminates your lien rights against the owner, unless you can prove that he/she had actual knowedge of your subcontractor releationship. Youcan still sue the GC without a 20 day Preliminary Notice.

    Attention: This response is based upon general legal theories and may or may not specifically address issues that affect your individual legal matter or situation. It should not be relied upon outside of the jurisdiction(s) in which the attorney is licensed to practice as each state has different laws. Each situation is fact specific and requires comprehensive legal evaluation following a thorough consultation and review of all the facts and evidence available. This response does not create an attorney-client relationship between the asking and answering parties.

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  • Do we have to join the HOA? Don't want to- they sue too much and waste money. They reneged on their deal with us.

    We did a construction loan. The developer folded, we got 2 parcels. HOA pleaded with us to sell so new builder could build the other 6 units. HOA President agreed we would not be responsible for dues if we paid to build our 2 units ($300,000) so a...

    Michael’s Answer

    There are way too many variables in your situation to provide an informed answer. Consult a real estate attorney. Attention: This response is based upon general legal theories and may or may not specifically address issues that affect your individual legal matter or situation. It should not be relied upon outside of the jurisdiction(s) in which the attorney is licensed to practice as each state has different laws. Each situation is fact specific and requires comprehensive legal evaluation following a thorough consultation and review of all the facts and evidence available. This response does not create an attorney-client relationship between the asking and answering parties.

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  • Did not get full disclosure on monthly HOA when I offer the contract.

    I'm currently under escrow and estimate to close on 12/03/09. Couple days ago, I found out that the $345 monthly HOA included a $60 Special Assessment, which expires Dec 2011. This Special Assessment began back to Dec 2006 when the developer was s...

    Michael’s Answer

    If you haven'tclosed yet, you have not been damaged. Depending upon the terms of the Purchase & Sale Agreement, you have the right to demand that the seller pay the special assessment or you may cancel the contract and receive a refund of your deposit.

    Attention: This response is based upon general legal theories and may or may not specifically address issues that affect your individual legal matter or situation. It should not be relied upon outside of the jurisdiction(s) in which the attorney is licensed to practice as each state has different laws. Each situation is fact specific and requires comprehensive legal evaluation following a thorough consultation and review of all the facts and evidence available. This response does not create an attorney-client relationship between the asking and answering parties.

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