Douglas Charles Michie’s Answers

Douglas Charles Michie

Ventura Debt Settlement Attorney.

Contributor Level 13
  1. Second Mortgage after foreclosure

    Answered almost 4 years ago.

    1. Douglas Charles Michie
    2. Pamela Koslyn
    3. James S. Tupitza
    3 lawyer answers

    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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  2. Property related to bankruptcy

    Answered about 1 year ago.

    1. Harris Justin Brumer
    2. Justin Drayton Graham
    3. Douglas Charles Michie
    4. Brad Francis Weil
    5. Michael Salanick
    6. ···
    6 lawyer answers

    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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  3. On a Transfer Disclosure form, if a seller indicates a condition doesn't exist, but knows that it does, is the contract valid?

    Answered almost 2 years ago.

    1. Douglas Charles Michie
    2. Frank Wei-Hong Chen
    3. Nicholas Basil Spirtos
    3 lawyer answers

    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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  4. What is the best way to protect assets from creditors in case of a short sale, bankrupcy etc

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Douglas Charles Michie
    3. Matthew Erik Johnson
    3 lawyer answers

    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.

    4 lawyers agreed with this answer

  5. Can consumers still request documentations from collection agency after a judgement is placed?

    Answered over 1 year ago.

    1. Robert Harlan Stempler
    2. James Carl Eschen III
    3. Richard Scott Lysle
    4. Michael Avanesian
    5. Eric Jerome Gold
    6. ···
    6 lawyer answers

    You have to bring a motion to set aside default. You must do this ASAP.

    4 lawyers agreed with this answer

  6. Just found out that the house I'm leasing is going into Auction in 3 weeks. Continue paying rent?

    Answered about 3 years ago.

    1. Douglas Charles Michie
    2. Frank Wei-Hong Chen
    2 lawyer answers

    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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  7. Can I collect from mortgage co, and selling realtor?

    Answered about 3 years ago.

    1. Douglas Charles Michie
    2. Frank Wei-Hong Chen
    2 lawyer answers

    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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  8. How do I get rid of a hostile tenant?

    Answered almost 4 years ago.

    1. Douglas Charles Michie
    2. Pamela Koslyn
    2 lawyer answers

    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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  9. Does a mechanics lien need to be attached to a complaint?

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Agavni Gina Hogtanian
    3. Douglas Charles Michie
    4. Timothy John Broussard
    4 lawyer answers

    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.

    3 lawyers agreed with this answer

  10. Want to get a home loan modification with liens against property

    Answered over 1 year ago.

    1. Justin Drayton Graham
    2. Evan A Nielsen
    3. Douglas Charles Michie
    4. Carl H Starrett II
    5. Clifford Sculley Bordeaux
    6. ···
    6 lawyer answers

    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

    3 lawyers agreed with this answer

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