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Stephen John Armstrong

Stephen Armstrong’s Answers

15 total


  • Lien against my property.

    The lien filed is for an eviction I had just under 10 years ago. My mom is listed in the lien with the wrong social listed. Also it shows that the stay of enforcement has not been ordered by the court. None of the boxes for execution lien or attac...

    Stephen’s Answer

    If the information is not accurate you can serve a demand letter to remove and then subsequently file a petition to expunge.

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  • In a partition action, how can I lock in the division proposed by the other side?

    I am in a partition action, the other side is saying that I own 100k of equity in a duplex. I think it may be lower than my actual equity but considering the legal costs I am ok with that assessment. How do I lock it in, how do I say that I accept...

    Stephen’s Answer

    I recommend that you hire an attorney to draft a written agreement that is signed and notarized. If they are buying you out, you can utilize a simple quit claim deed and execute a release agreement with no warranties and request them to indemnify you from any future third party claims.

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  • Can an unlicensed contractor put a lien on my property if work is not complete and we have a homeowner/contractor agreement?

    this was a 203k rehab loan and at stage of final payoff work was not complete and he did not pay for materials from carter lumber which put the first lien on my property then unlicensed contractor put a second lien on my property.

    Stephen’s Answer

    I recommend consulting an attorney with the requisite knowledge in your state's laws.

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  • When mailing a public works preliminary notice, do I mail to county as well as the public entity itself?

    I am a material supplier on a construction job for the Sheriff's Department. The County owns the property in question. Is it sufficient that I mail the prelim notice to just the Sheriff's Dept (and general contractor) or do I send it to the County...

    Stephen’s Answer

    A Preliminary Notice is designed to give all persons/enties notice that you intend to provide a work of improvement and if you are not paid that you intend to potentially make a claim against them for the money. Do you homework before you spend money on the job and make sure that all potentially responsible parties are on notice.

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  • Am I responsible for repairs if a property manager hired an unlicensed contractor?

    I moved out of an apartment. I was charged for a bunch of items. However there were some repairs done by an unlicensed contractor that the property manager uses. He is invoicing and accepting payments as a licensed contractor. His license expired ...

    Stephen’s Answer

    I agree with the other answers. However, not all repairs require a contractor's license to do the work. The Contractors State License Board licenses contractors in over 40 different classifications. In California, anyone who contracts to perform work that is valued at $500 or more for labor and materials must hold a current, valid license from the CSLB. To answer your specific question, no you are not responsible for any future claims relating to the repair work performed by persons that were hired by others.

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  • What are my legal rights for terminating a lease due to civil code 1942?

    We signed a lease 9 days, but havent moved in yet. There seems to be an enviromental issue with the house. It has what appears to be nicotin, smoke stains all along the walls with the oder of smoke. I have mentioned it to the landlord. He stat...

    Stephen’s Answer

    If you are aware of the alleged defective condition of the property before you move in, then don't. Contact the landlord and it is very likely that he will agree to cancel the lease. If the condition was not observable prior to signing the agreement then get you deposit back.

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  • Can a 6% minority real property owner of Nevada developed commercial property resist sale of the property by the majority owner?

    Majority owner wants to list property for sale. 6% owner does not. Property is leased and generates income. Property values are rising a bit in the area. Does Nevada, where property is located, have any law/policy which would permit the majority ...

    Stephen’s Answer

    Any partition-type action would normally be filed in the state/county where the property is located.

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  • Can grandfather registry the agriculture land to his grandson even his son, wife and grandmother is alive. what is the legal way

    My grandfather registry a land to me which is previously register himself and he was purchased from someone else i.e. this is not paternal land. Now my uncle object in that how can he registry the land in your name he is not able to do that even ...

    Stephen’s Answer

    If your grandfather owns the land in fee simple he can transfer his ownership interest by way of a deed to any third party.

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  • Usury Laws for Secured Note for CA investment real estate

    I am a private individual and am planing to lend money for a Note Secured by investment/non owner occupied California real estate (Single Family residence) If my interest on the Note is less then the CA Usury limit (less then 10% Interest) , ...

    Stephen’s Answer

    You can have the borrower sign a note secured by a deed of trust and record the deed of trust. However, all promissory notes and deeds of trust are not the same. each provisino has some meaning. If you have any doubts that the borrower may default on the note you should consult an attorney. Further as property values have declined the value of the secured interest may not be sufficient to recover your money. Also confirm that there are no prior lien holders that would be in a superior position to foreclose on the property.

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  • 60 years old Real estate units ( threeunits) buildings...3 beds/2 bth- 1 r/1b... 1r/1b.

    The property was build 60 years ago, Accord to the L.A county. The county record shows original of construction till now is same. The new city took over the records and lost the papers during transaction. There is no blue print record, and no bac...

    Stephen’s Answer

    I recommend going back to the most recent escrow documents to review "what" was sold and what warraties were made by the seller. The title policy may show a chain of ownership that could lead to finding others with knowledge of any prior construction. I would also compel the city to expalin what specific construction they are concerned about.

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