Gary Lane’s Answers

Gary Lane

Santa Ana Foreclosure Attorney.

Contributor Level 9
  1. I owe business credit card $35,000 max limit, I cannot afford to make minimum payment, will my business be foreclosure by bank?

    Answered almost 3 years ago.

    1. Joseph Wrobel
    2. Gary Lane
    3. Douglas Gist Farquhar
    3 lawyer answers

    credit cards are non secured debt. they cannot foreclose on property not pledged to support the debt. They can sue you personally, if you guaranteed it, or sue your business, but they cannot take the property.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. How Can the Bank of the lst Trust Deed protect the orig.homeowners from UD after foreclosure by the second trust deed holder ?

    Answered almost 3 years ago.

    1. Gary Lane
    2. Frank Wei-Hong Chen
    3. Arash Shirdel
    3 lawyer answers

    The other answers, while normally correct, have not be the case on matters we have actually handled, where the 2nd foreclosed but owners was allowed to stay due to deal with 1st. It just happened that way actually.

    Selected as best answer

  3. Can Realtor Refuse to Write an offer on a hose if its to low? Is it legal?

    Answered almost 3 years ago.

    1. Gary Lane
    2. Joanne Reisman
    3. Troy Austin Pickard
    3 lawyer answers

    It is the responsibility of the realtor to notify owner of all offers, unless clearly friviolous. Just being low does not make it frivilous.

    Selected as best answer

  4. The home I reside in was recently foreclosed upon. I reside there along with another tenant as well as the original owner.

    Answered almost 3 years ago.

    1. Frank Wei-Hong Chen
    2. Alfred M. Freitas
    3. Gary Lane
    3 lawyer answers

    Absolute, absent fraud, there will be an automatic stay in effect upon the legal filing of a chapter 7. You must be sure to serve notice to all parties concerning, including not just the lender, but the servicer, and the sheriff, that an automatic stay is in existence.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. How long to I have to respond to an unlawful detainer posted, but still no mailed copy

    Answered almost 3 years ago.

    1. Gary Lane
    2. Frank Wei-Hong Chen
    2 lawyer answers

    Interesting question. Normally you have only 5 days to respond and request a hearing. Normally, posting the notice on your door is sufficient and there is no absolute need to receive a letter. However, with nothing showing with the court, you raise serious credibility questions here. With 23 days gone, I would immediately file a response with the court and request a hearing date. Be interesting if your filing beats theirs to the courthouse.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. What can I do if Bank of America is giving me the runaround on my foreclosure process and they don't want to give me a repayment

    Answered almost 3 years ago.

    1. Richard Alan Rodgers
    2. Arash Shirdel
    3. Frank Wei-Hong Chen
    4. Gary Lane
    4 lawyer answers

    B of A is the worst. Never rely on their word. They make and break promises every minute. Unless it is in writing and signed by someone with authority, their word is absolutely worthless. That is why we sue them almost everyday.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. I am a renter in a foreclosed property, I have 2 questions about the unlawful detainer.

    Answered almost 3 years ago.

    1. Frank Wei-Hong Chen
    2. Gary Lane
    2 lawyer answers

    If you meant served 10 days after, you have 5 days from service to respond. You must let the court know the date of service. And yes, if all is the same, just go ahead to repeat them.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. Planning to sue WF for misrepresentation and fraud for promise loan modification and not given.

    Answered almost 3 years ago.

    1. Arash Shirdel
    2. Frank Wei-Hong Chen
    3. Gary Lane
    3 lawyer answers

    We sue lenders every single day. Misrepresentation and Fraud are major reasons for doing so. I see actions by lenders regularly foreclosing while denying doing so. It would be a worthwhile thing to consider.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. Need a good real estate lawyer that understands short sales and foreclosure laws in San Bernardino Riverside California area.

    Answered almost 3 years ago.

    1. Paul J Molinaro
    2. Gary Lane
    3. Richard Alan Rodgers
    4. Maryam Atighechi
    5. Donald Bradley Cripe
    5 lawyer answers

    We work short sales frequently, where that is what homeowner desires. We also help with foreclosures, as needed. You should contact our office at 800 991 7634 and ask for Fabricio.

    1 lawyer agreed with this answer

  10. I am renting the basement in a home where the house was sold in foreclosure. I live there with another tenant and the owner.

    Answered almost 3 years ago.

    1. Frank Wei-Hong Chen
    2. Gary Lane
    2 lawyer answers

    Filing for BK relieves you of the right to answer, due to the automatic stay imposed by the bk court. However, the others who did not file bk must file an answer within 5 days for the ud will require them to promptly leave.

    1 lawyer agreed with this answer