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Zachary Roy Ugale Rayo

Zachary Rayo’s Answers

62 total


  • My mom has a life estate-she lives in the house and would like to buy out the others that will receive the home when she dies

    If she is alive will she get a percentage of the sale? Is my Mom soley responsible for the property taxes if their name is on the deed? What about the money she puts into the house to improve it? (lawn, new flooring, counter, etc...) If...

    Zachary’s Answer

    Life estate and remainder interests in a given asset may be separately valued at any given point in time, based on life expectancy and an assumed rate of return on investment; the sum of their values will equal the total value of the asset at that time. If the house is sold today, your mom will get the actuarial value of her life estate.

    Regarding property taxes, she is responsible for paying those.

    Concerning improvements, she has a duty to maintain the property and not commit waste. Generally, a life tenant has no obligation to make permanent improvements on the property that is the subject of the life estate. Moreover, a life tenant who does so may not assert a claim for reimbursement against the remainder beneficiary. An exception exists when the improvements are made because these are required by statute or ordinance.

    Regarding the last question, generally, if the appreciation is not more than $250,000, there is no capital gains tax. The answer depends on the basis of the interests in the property etc.

    Your mother would be wise to consult a real estate & tax attorney.

    For informational purposes only; no attorney-client relationship created.

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  • Will California allow one spouse on the mortgage, but both on the title after refinancing, and pending a divorce?

    We are currently married, but are moving forward with a divorce. One of us will remain in the house after the divorce. We are looking to refinance our mortgage with only one person on the mortgage deed, but both of us on title. Once the divorce is...

    Zachary’s Answer

    The answer depends on the lender, who may think the refi under one spouse but both spouses on the title would expose them to the risk of the mortgagor spouse defaulting on the loan and the lender not being able to go after the non-mortgagor spouse (also, the non-mortgagor spouse may transfer her interest in the property to a third party without the consent of the lender, and triggering any due-on-sale clause). To address this risk partially, the lender may require you to sign a community property disclosure/declaration so that the non-mortgagor spouse would also be on the hook for the community debt, although this does not address the issue of unauthorized transfer by non-mortgagor spouse). There may be more specific ways of accomplishing your goals. I suggest you consult with a family law/real property attorney versed on these issues.

    For informational purposes only; no attorney-client relationship created.

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  • I work at a small theater company in Sacramento, casting a prodution of Equus. What is the legal age for nudity on stage?

    entertainment law

    Zachary’s Answer

    In general, nudity is in the outer fringes of First Amendment rights and may be regulated by by cities according to time, place or manner. I suggest you consult the local ordinance (both city and county) for its definition of "nudity", age restriction for performers appearing "nude", and other time/place/manner restrictions on theatrical performances involving "nudity" as defined.

    For informational purposes only; no attorney-client relationship created.

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  • Do you need to file proof of service with propounding interrogatories, production of documents, or requests for admissions?

    I don't know and can't tell if I have to file proof of service with the courts for Form Interrogatories or Requests for Admissions or Production of Documents need to have their proof of service filed with the court that I propound. So far I have ...

    Zachary’s Answer

    The short answer is no. See CCP 2030.080, 2033.070 etc.

    For informational purposes only.

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  • How do I remove my name from property title?

    I have part ownership of a house. I don't want to be on title. How do I remove my name from title. No reason. This property belongs to my parents and I don't want to be on title. Thank you.

    Zachary’s Answer

    If A, B, and C are on title, and C wants to be taken out from the title, A, B and C can grant the property to A & B. I suggest you contact a real property attorney to properly draft the grant deed and advise you on tax and liability implications.

    For informational purposes only.

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  • Can I use quitclaim to replace my mother from the deed and add with my wife?

    When I was single, I bought a home with my mother; our ownership is under Joint Tenants. Two years later I got married, and since then 10 years have pasted? My question is, can I file a quitclaim to replace my mother, who supports my decision, fr...

    Zachary’s Answer

    If your mother quitclaims, the house becomes your separate property (in general), and you will have to obtain an exemption from reassessment for transfers between parents and children. You may then execute a grant deed to you and your wife either as tenants in common or joint tenants (or community property with right of survivorship). If there is a mortgage on the house, you have to consider any due-on-sale/transfer clause. You will also have to consider the characterization of the house (either separate or community). I suggest you consult a real estate attorney.

    For informational purposes only; no attorney-client relationship created.

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  • Is a notarized California Jurat With Affiant Statement sufficient to satisfy CCP § 2015.5

    My LL says he called the bank and my bank told him my account had insufficient funds to cash the rent check I ave him and he used that as the excuse to file a 3 day pay or quit. I have a sworn statement declaring that sufficient funds were availa...

    Zachary’s Answer

    CCP 2015.5 merely requires the following certification if executed in California: "I certify under PENALTY OF PERJURY that the foregoing paragraph is true and correct." It must be indicate the date and place of signing. Notarization is not required for purposes of CCP 2015.5.

    For informational purposes only.

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  • Swedish citizen , not resident in U.S.A

    How can a Swedish citizen sharing some 30 percent in LLC get legal support in California in case of judicial disputes with other share holders?

    Zachary’s Answer

    If by "legal support" you mean referral to legal resources and suitable attorneys, including self-help and, if you qualify, low-cost or need-based legal aid programs, then you may contact the Los Angeles County Bar Association (www.lacba.org).

    For informational purposes only.

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  • Can I really be sued for the 2nd mortgage?

    I foreclosed my home almost 2yrs ago, today I received a letter from a law firm that i need to pay or make payments and they gave me 2 weeks to contact them if not they will take legal actions, but my 2nd mortgage is a purchase money? What should...

    Zachary’s Answer

    If the first and second were with the same lender, and both were purchase money mortgages, the foreclosing lender has no recourse based on its 2d mortgage under a California case. If the 2nd is with a different lender, that lender is a sold-out junior lienholder, its security was wiped out by the foreclosure by the first lender, but it may sue on the note, in general. You may have to have your documents reviewed by a real estate attorney.

    For informational purposes; no attorney-client relationship created.

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  • How long does a tenant have to pay back rent after a judgment has been render against him for back rent?

    if judgment has been rendered against the tenant how much time does the tenant have to pay back rent to the landlord before the court issues a writ of possesion?

    Zachary’s Answer

    A court can issue a writ of possession of real property as soon as a judgment for possession has been entered. In your case, if the judgment also includes possession (which it should, unless the proper box on the judgment form was not checked), then the landlord can ask the clerk to issue a writ of possession regardless of the status of enforcement of the money judgment.

    For informational purposes only; no attorney-client relationship created.

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