Joseph W Creed’s Answers

Joseph W Creed

Irvine Real Estate Attorney.

Contributor Level 3
  1. A trustee sale was conducted on 10-31-2012 and reverted to the beneficiary (a married woman, real estate agent). She changed

    Answered over 1 year ago.

    1. Joseph W Creed
    2. Albert Siu
    2 lawyer answers

    Since you don't own the home anymore the police will not help you. The new owner is required to give you notice as to where, when, and how you can retrieve your belongings. There are other potential issues here with her just changing the locks without giving notice and following unlawful detainer processes but, if the home looked vacant, that issue becomes murky. I'd find out the purchasers contact info and send them a formal request to retrieve your belongings today. If you aren't given...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Received a letter from Real Time Solutions regarding my Heloc with B of A. Should I contact them ?

    Answered almost 2 years ago.

    1. Joseph W Creed
    2. Richard Bruce Rosenthal
    2 lawyer answers

    You are in a position where you may want to look at a Chapter 13. You could use this as a vehicle to strip your second mortgage. You would want to contact a bankruptcy attorney to obtain a consultation on how this would work but I think you should take a look at that option prior to contacting the second mortgage servicer.

    2 lawyers agreed with this answer

  3. Will removing and adding parents' names on title trigger double gift tax?

    Answered almost 2 years ago.

    1. Joseph W Creed
    1 lawyer answer

    There is a value to each transfer here. However, the gift tax would only be triggered for the difference between the value of the transfers you speak of if they were done together. But, you can utilize the unified credit if the value of the transfer in the end is above the annual exemption amount which would decrease the unified credit available to the estate of the party here who utilized it.

    1 lawyer agreed with this answer

  4. Do I need a real estate lawyer.

    Answered almost 2 years ago.

    1. Joseph W Creed
    2. Lee Willis Harwell Jr
    2 lawyer answers

    Your question is very complex and the correct answer will likely depend on fleshing out more details from you and seeing documents. If your father was married to someone other than your mother then you will likely have a rights here in certain property. You will need to determine whether probate was started and you just weren't notified or if probate was never started. You will need to contact an attorney and give more details in order to obtain a more detailed answer to your question.

    1 lawyer agreed with this answer

  5. Lost job 3 years ago. Almost lost my house. Cashed out my retirement to save my house and am currently living off of it.

    Answered over 1 year ago.

    1. Joseph W Creed
    2. Chi Leung Ip
    2 lawyer answers

    Looks like you will have to consider filing for bankruptcy protection. You should consult with an attorney ASAP.

    1 person marked this answer as helpful