Skip to main content
David Pivtorak

David Pivtorak’s Answers

19 total


  • Need to know of I have a good liable case

    Had an ex employer receive and email from a current client of mine accidentially and past employer emailed clients and said I was dis honest un ethical and warned clients to be aware and not fall for my persuasions. His emailed was sent to my main...

    David’s Answer

    False accusations of dishonesty generally fall under the definition of libel but, without more facts, it is hard to tell if you have a case. You should definitely speak with a lawyer in your state as soon as possible if you think these accusations are harming your business.

    See question 
  • I need foreclosure help

    my dad took out a loan before he passed away and chase will not accept our payments because he was the only borrower listed for the loan and now we are in foreclosure and really close to the sale date

    David’s Answer

    Chase may be worried that by accepting your payments without your name on title they would be accepting you as owners without having you personally liable for the loan. If your father's property is in probate right now you should have an attorney immediately contact Chase to work out the interim payments before the transfer of title.

    See question 
  • Fraudulant loan modification

    Is it fraud for a trustee to use property in the trust to act as calatoral to modify a loan on a property not protected by the above mentioned trust Is that self deeling

    David’s Answer

    If the trustee uses trust property as collateral to secure a loan for a property that has no connection to the trust then it's a breach of fiduciary duty.

    See question 
  • Do I need an attorney? What are my rights?

    My home was just sold in quicksale/ foreclosure. The previous owner gave us our full deposit back. We want to Move (gave a 30 day notice when the house sold), and the new owner is requiring that we sign a new lease and put a new deposit. Are we ob...

    David’s Answer

    If you are planning to move out of the house it doesn't make sense that you would have to sign a new lease. It's hard to answer your question without more detail but if you are concerned about your legal rights you should speak with an attorney.

    See question 
  • Can I be sued for serving a unlawful detainer claiming I put a cloud on there title, For a foreclosed house bank owned.

    Hello my name is Darryl, I purchased a house at auction on 1/9/2013 paid cash. this house was bank owned, and foreclosed on 1/6/2012. I had to evict previous owners, I served 30 day notice no response, I then served unlawful detainer, the previous...

    David’s Answer

    The lawsuit filed against you may be considered a SLAPP suit and you may be able to get it dismissed. However, you only have a limited time to answer a lawsuit so it is imperative that you contact an attorney immediately to advise you of your rights.

    See question 
  • Do I as owner after foreclosure on a house serve the previous owner/occupant with a 3 day notice to quit or a 3/90 notice?

    It is a single family house in National City CA near San Diego. I'm not aware of other occupants. I think the relevant code is CCP Sec. 1161-1166.

    David’s Answer

    If this is not a renter but the owner a 3 day notice is appropriate.

    See question 
  • My son's name is on the loan for my home- he filed a BK and included the 2nd mortgage and it was discharge.

    Then I recently went thru a loan modification, and it took them 9 months to do the wording on it and now they did an addendum to it that says "It is understood that in executing this loan modification agreement, the rights of any junior lienholder...

    David’s Answer

    As the other attorneys have mentioned, you need to verify whether your son's personal liability on the debt was discharged or whether the lien was stripped away entirely.

    See question 
  • RE: HBR( Bill of Right ) went into a law on 1-1-2013, has to provide "The Documents shows Bank has Authority to foreclose"

    Does this Law include Rental property ? Does this Law include "vacant" property ? my late husband's house is vacant . Chase recorded Notice to Sell in June 2013. No sale date. " "The required Documents provided by the bank ...

    David’s Answer

    Most of the protections under the Homeowner Bill of Rights only apply to "owner-occupied" properties with four dwelling units or less.

    See question 
  • Are small [e.g., 10%, to 20%] creditor set-asides of the legislatively proscribed payment priority often granted by the bk ct?

    I heard a rumor from a person w/substantial bankruptcy knowledge that it is possible to ask the court to override the congressional mandates for payment priority and "set-aside" or "by-pass" administrative claims and reserve for unsecured creditor...

    David’s Answer

    Please specify whether this is possibly for a Chapter 13...and yes, you should definitely speak with an attorney.

    See question 
  • I was assaulted by someone in his home. I was hit in the head with a hard object resulting in injury.This was on 03/31/2012.

    I want to know if there is still time for me to take this person to civil court? My injuries as a result of this were an orbital fracture to my left eye, a fracture to my skull, laceration to my forehead and bleeding on the brain. I now have major...

    David’s Answer

    Not being truthful in a police report may hurt your credibility down the line if you pursue legal action.

    See question