Joshua Andrew Smisko’s Answers

Joshua Andrew Smisko

Mission Viejo Real Estate Attorney.

Contributor Level 11
  1. Can a CA lender add attorney fees to the mortgage following a lawsuit initiated by the homeowner?

    Answered over 1 year ago.

    1. Joshua Andrew Smisko
    2. Antoinette Cara Liewen
    3. Justin Drayton Graham
    4. Edward Lewis Blum
    4 lawyer answers

    Yes a lender can add legal fees incurred in the cost of prosecuting a default or defending a claim. Also as my colleague pointed out, there is a point in the prior lawsuit where they could have been awarded legal fees. Usually if a matter is resolved with the lender via a modification or some other workout, you can request/demand that the legal fees are waived/paid by the respective parties to avoid this. I would suggest calling the lender.

    2 lawyers agreed with this answer

  2. Home went through forclosesure . After being purchased at the court house steps can I buy it back.

    Answered over 1 year ago.

    1. Joshua Andrew Smisko
    2. Lloyd Stewart Mann
    2 lawyer answers

    If the house was foreclosed and the loans included in your BK and you received a discharge, you should be in the clear. Obtaining financing may be difficult though and as my colleague mentioned, you would probably want to go through escrow and obtain proper title reports and title insurance.

    2 lawyers agreed with this answer

  3. I am going to be going through a divorse and would like to know do i need a lawyer?

    Answered over 1 year ago.

    1. Ognian A Gavrilov
    2. Joshua Andrew Smisko
    3. Judy A. Goldstein
    4. Mary Diane Anderson
    4 lawyer answers

    Yes you should seek the advice of a lawyer. Also, a quit claim deed will not remove your financial responsibility for the loan you owned with your husband. You will want an attorney to help include all of those items in your divorce and find a way to better protect you in the process. If no one pays the mortgage, it could hurt your credit.

    2 lawyers agreed with this answer

  4. Should I put a home that still has a mortgage on it into a trust?

    Answered 4 months ago.

    1. Ute Ferdig
    2. Joshua Andrew Smisko
    3. Gary Roger Waitzman
    3 lawyer answers

    I agree with my colleague. If you are setting up a basic revocable trust, you should be ok to put the house in it.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. In a foreclosure suit, could I invoke the doctrine of "clean hands?"

    Answered 6 months ago.

    1. Chi Leung Ip
    2. Joshua Andrew Smisko
    3. Stephen Ross Cohen
    3 lawyer answers

    You can argue and allege whatever you want but you need facts and law to support your position and prevail. You should consult with an attorney in your area that handles this field.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. Is there anything actionable against a property management firm which fails to protect the value of my property?

    Answered 10 months ago.

    1. Robert Miller
    2. Joshua Andrew Smisko
    2 lawyer answers

    I would agree with Attorney Miller, it would all depend on the agreement you have with them and the duties and liabilities of all the parties as expressed and agreed to in that contract. It sounds like there is some level of negligence on their part at the very least. I would find the agreement and seek a consultation with an attorney.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. Are you allowed just (1) Loan Modification?

    Answered 11 months ago.

    1. Arash Shirdel
    2. Antoinette Cara Liewen
    3. Sagar P. Parikh
    4. Joshua Andrew Smisko
    4 lawyer answers

    You can apply as many times as you wish. Some banks will disqualify you from future mods if you default on one. Some lenders will only a mod once. Some will not do any mods at all. Just depends on your lender and servicer. Doesn't hurt to ask...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. What are my options? Underwater by $200k but current on 1st & 2nd mortgages and taking a job out of state.

    Answered 12 months ago.

    1. Antoinette Cara Liewen
    2. Justin Drayton Graham
    3. Joshua Andrew Smisko
    4. Cheryl Rivera Smith
    4 lawyer answers

    I would agree that selling the property is your best option. With the rising values in SoCal/LA you may not even need to do a short sale and could possibly obtain the full value. I would contact a realtor first and then see about a lawyer if a short sale is needed. Don't just walk away though.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. 2nd Mortgage Transfer of Servicer --- does DEBT VALIDATION apply under FDCPA?

    Answered over 1 year ago.

    1. Bradford Charles Brereton
    2. Joshua Andrew Smisko
    3. Arasto Farsad
    3 lawyer answers

    A lender could charge off your loan for a variety of reasons but continue to list it as unpaid on a credit report. Your question is unclear though. Either provide more details or contact a lawyer directly for more specific advice.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. Can a landlord insist on doing "annual preventative maintenance inspections" even if I deny them entry for that purpose?

    Answered over 1 year ago.

    1. Joshua Andrew Smisko
    2. Nicholas Basil Spirtos
    2 lawyer answers

    An inspection for annual preventative maintenance is a proper purpose for a landlord to inspect a property. They have a right to make sure safety issues are taken care of and prevent harm. As you stated, you agreed in your lease to allow them entry for such purposes so to refuse it now would be to breach that agreement. Is there some other issue at play here? Are the inspections numerous and bordering on harassment, then you may have some claim but otherwise I think you need to allow...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful