Joshua Andrew Smisko’s Answers

Joshua Andrew Smisko

Mission Viejo Real Estate Attorney.

Contributor Level 11
  1. REQUEST FOR NOTICE OF LIS PENDENS

    Answered 8 months ago.

    1. Joshua Andrew Smisko
    2. Michael Raymond Daymude
    2 lawyer answers

    I agree with my colleague. Why do you want to record the Lis Pendens? Are you fighting your lender on a foreclosure case and you are attempting to block their ability to sell the property? If you file a Lis Pendens, they can file a motion to quash it and obtain fees from you for having to do so.

    2 lawyers agreed with this answer

  2. Bankruptcy or Foreclosure which would be the best for me.

    Answered 9 months ago.

    1. Joshua Andrew Smisko
    2. Jonathan Stone
    3. Alan D. Walton
    4. Robert J Adams Jr.
    4 lawyer answers

    I would attempt the short sale first. Foreclosure is not ideal for your credit. It sounds as if that is an affordable payment since your income is $2,700 and the housing expense is only $1,100. Is it just because the property is underwater? That could change over time or you could attempt a HAMP/HARP program or Keep Your Home CA and see about a principal reduction program. They exist.

    2 lawyers agreed with this answer

  3. Can you overturn a sale on your home after its been sold?

    Answered 11 months ago.

    1. Justin Drayton Graham
    2. Joshua Andrew Smisko
    3. William Stanley Fitch
    3 lawyer answers

    I would agree. If the bank said they would give you an extension and then sold, they may be in the wrong. Seek an attorney immediately to review your claims.

    2 lawyers agreed with this answer

  4. Town home sold with out my knowlegde or signature off deed

    Answered 11 months ago.

    1. James Coy Driscoll
    2. Joshua Andrew Smisko
    3. Ellen K Lawson
    3 lawyer answers

    You should meet with a lawyer in your area to discuss the situation. There are many circumstances at work and a lawyer could help. You may also want to clarify your question here as well.

    2 lawyers agreed with this answer

  5. Do I have any causes of actions against my lender for trying to foreclose for a cancelled second loan?

    Answered 12 months ago.

    1. Michael Raymond Daymude
    2. Justin Drayton Graham
    3. Joshua Andrew Smisko
    4. Ellen K Lawson
    4 lawyer answers

    As Attorney Daymude stated, lenders will often write off a loan as an accounting measure. You still owe on the loan though unless they have executed a reconveyance which sounds like the case here. The industry has been very lax on collecting on the 2nd liens but that does not mean it is not still owed and your obligation. Consult with an attorney to find out exactly what happened and your current responsibilities.

    2 lawyers agreed with this answer

  6. How big is the chance for the trustee to rescind the Trustee's Deed Upon Sale after it has been recorded by the purchaser?

    Answered 12 months ago.

    1. Joshua Andrew Smisko
    2. Anthony Allen Roach
    3. Tiffany Nicole Romine
    3 lawyer answers

    There are many meritless cases filed by former owners trying to delay foreclosure and/or eviction. It is entirely possible that is this type of case. Are they claiming the trustee was not properly assigned/substituted in? That is usually a claim that will not survive. Since you have already taken possession and removed the former owners, it is possible that even if the case has merit, the sale may not be rescinded and instead the parties may just have to cut the former owner a check. There...

    2 lawyers agreed with this answer

  7. I have a deed sale scheduled in 2 weeks. My condo is not under water.

    Answered over 1 year ago.

    1. Brian Crozier Whitaker
    2. Michael Avanesian
    3. Rex Tran
    4. Maureen Andrea Enmark
    5. Joshua Andrew Smisko
    5 lawyer answers

    I don't believe Keep Your Home CA can help if you file a BK. Also the lender may reject their help because you filed a BK previously. I would suggest you go to the Keep Your Home website, do the application, talk to the contact person immediately and see what they say. Do it today though. You will want time to review other options to stop the sale (litigation vs lender? or BK?). Good luck

    2 lawyers agreed with this answer

  8. House mortgage is under my retired dad's name, but the house title/deed is under my name, how would I refinance the house?

    Answered over 1 year ago.

    1. Shaun K. Boss
    2. Joshua Andrew Smisko
    3. Cheryl Rivera Smith
    3 lawyer answers

    If you wish to refinance a loan, it is the borrower of that loan that would be refinancing it. It sounds like your Father is the borrower so he would have to refinance it. Did he recently transfer title to you via a grant deed or quit claim deed? If you want the loan in your name, you may need to arrange for a loan in your name and then payoff your Father's loan. If your father wishes to refinance the loan, you can grant deed it back to him or to you and him in some capacity and then he can...

    2 lawyers agreed with this answer

  9. My car got towed from my Assigned parking spot in my apartment complex

    Answered over 1 year ago.

    1. James Carl Eschen III
    2. Joshua Andrew Smisko
    2 lawyer answers

    Legally you do not appear to have a strong claim. I would try to talk to the Manager, explain you have a permit and mistakenly took it inside your apartment but that you are a resident and your car should not have been told. Attempt to see if you can get him to admit the mistake and offer to compensate you for the tow. Regardless, I wouldn't share my permit in the future.

    2 lawyers agreed with this answer

  10. I own a house my name only if i foreclose could my husbands property in his name get a lien on it

    Answered over 1 year ago.

    1. Joshua Andrew Smisko
    2. Michael Raymond Daymude
    3. Chi Leung Ip
    3 lawyer answers

    This question is unclear. I am hoping you meant your property is being foreclosed, but your husband is not listed on title, and he is buying a property and you want to know if they can put a lien on that property for your debt? If that is what you're asking, no they can't. In CA lenders will not pursue a deficiency judgment against you when they complete a foreclosure under Cal. Code Civ. Proc. § 726[a]). HOAs could try and track you down and obtain payment for missed dues and whatnot, and...

    2 lawyers agreed with this answer