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Sounds like you are in luck - since it was a purchase money note, the second lender cannot go after you. Every property owner that has obtained a mortgage has an option embedded in that mortgage. That option is the right to default on the mortgage. A mortgage note is a contract, and its terms give borrowers the right to stop paying and to default on the note. If the option is exercised, the lender has the right to foreclose and take ownership of the borrower’s home. California has anti-...
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As long as she keeps making the payments, the car loan will "ride through" the Ch 7 process. Good luck to her.
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I don't understand how a crawl space would not be exposed to view. Is the a pier foundation or a stem wall foundation? In any case, it would have to be a material defect to potentially provide grounds to rescind the contract. A small or cosmetic defect would not be sufficient grounds to cancel the contract. Even if it is not sufficient to cause cancellation, you could be entitled to recover damages for a non-disclosed defect that was known to the seller.
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In California, many items of necessity are exempt from creditors claims. One of the best is IRAs and 401(k)s. You can open a Roth IRA to protect funds from creditors, for example.
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Why in the world would you pay a landlord who himself is not paying? If he has owned the property for more than a year, it is trus that he is not illegally rent skimming, but he sure is morally rent skimming. Also, the stress he is putting you through is interferring with the covenant of quiet enjoyment of the premises - there is a legal cause of action for his breach of this covenant. By all means withhold rent. I doubt he will spend the money to evict you while the ship is sinking....
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Statute of limitations issue - why did you wait 7 years to bring up issue of wrong mortgage? What is value of house and what is left on the mortgage. www.michielawfirm.com I guess I wouldn’t feel lawyerly unless I wrote a disclaimer to this answer – after all, that’s what we lawyers are trained to do. So here it is. Disclaimer: Trying to provide a complete answer to a brief question without meeting the questioner and without getting all the facts is much like internet dating. Despite...
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If you are renting a room in your personal residence, then California has expedited laws that allow you to serve a 24 hour Notice to Quit on the tenant. It sounds like this is the case - so you can have the tenant out tomorrow! Because he is a family friend, I suggest having an attorney serve the Notice along with his legal letter so you can play the attorney off as the "bad guy". Good Luck I guess I wouldn’t feel lawyerly unless I wrote a disclaimer to this answer – after all, that’s...
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Mechanic's liens are difficult to foreclosure on, and many rules may have made it invalid. It is worth paying an hour of attorney's time to review it to determine if it is valid, and to get solid advice on your options.
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You have to bring a motion to set aside default. You must do this ASAP.
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The liens do not prevent modification. If you are eligible for HAMP, then lender must accept you application. YOu may have to sue to get the lender to take action. Contact a foreclosure defense attorney ASAP
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