made it to trial. I estimate the time will take approximately 10 days for the trial and the court has postponed the trial three times now because they do not have a court room available for such a complex/lengthy trial. However the statute of limi...
I agree with the two prior responses. In addition, consider trying to hire a lawyer on a contingency basis. I attach to my answer a link to an article that can help you evaluate if you have a good contingency case. It's called: "Hire your lawyer on a contingency basis: How to sue the pants off somebody without losing your shirt ."See question
I primarily sell residential real estate and work under a large nation-wide brokerage.
If you're asking if you can use an LLC to do your real estate agent business, no. Under CA law, any business that requires a state license cannot use an LLC to do business. If you want to use an LLC to invest in real estate, yes. There are other entities you can use for your brokerage business, however. Consult an attorney for a more specific analysis based on your facts.See question
Purchased home w/ 1 acre land last year in Marin County, CA. Title co missed 2 easements on property. Both cover 50% of my land. Both Grant Deeds were created for $1? The 1st is Grant Deed to two people as an exclusive easement for purposes of...
These are excellent questions, but you must consult with an experienced lawyer who can review all relevant documents (including any easement agreements, your title policy, the seller's transfer disclosure statement and any other seller disclosure documents, the grant deeds you're referring to and any other documents that may be relevant) to give you a reasoned, fact-based analysis.See question
Father died and home is left to sister as tenancy in common. Does that mean only her name appears on deed?
No. A TIC usually refers to two or more tenants in common, each of whom typically appear on title. Your facts are a bit odd. If the father had an estate planning attorney draw up his documents, I recommend you speak to that attorney for more assistance. It's unclear what your interest is in this property, and that makes it more difficult to answer your specific question. I suggest you consult a lawyer for more help.See question
I am about to buy a property in the Bay Area directly from a seller that resides in Texas. The seller owns the house and rented it out for the last couple of years. I have downloaded an Agreement to Sell/Buy Real Estate in California from the si...
As a Bay Area real estate lawyer, I can tell you that, in addition to the sound points made by the other lawyers, if the property is in San Francisco, there is a unique California Association of Realtors form specially drafted to address the unique issues/rules that apply to SF properties. Even if your property is in a Bay Area city other than SF, you should definitely have a lawyer assist. Even if the form is a good one, I have seen many good forms completed incorrectly, setting the parties up for a future dispute.See question
a summary judgment? Why would a defendant continuously ask for extension after extension in order not to respond to a summary judgment? How easy is it for a defendant to win a summary judgment? Is it enough to only refute a partial piece of the ...
In addition to the two answers posted before mine, perhaps the most important part of your question is what I am reading between the lines. Specifically, it sounds like you're the plaintiff and the defendant's continued attempts to continue the MSJ hearing could indicate a lack of funds to pay legal fees (if defendant is represented by counsel at all) or a concern that defendant will lose at the MSJ hearing. Either way, sometimes the best time to engage in settlement discussions, including a mediation, is when an MSJ hearing is pending since that upcoming MSJ hearing creates a sense of urgency, which is why so many cases typically settle "on the courthouse steps". So, consider taking defendant's actions as a sign that perhaps now would be a great time to try to settle your case.See question
Hello, I have lived with my boyfriend in their family home for 18 years as a tenants of the in-law. In 2010 his mother passed away and about a month later his sister moved out. They were joint tenants on the deed. So, my boyfriend and I took ov...
Preliminarily, and based only on the facts you provided, it appears the fact that you only made mortgage payments but not taxes (unless taxes were impounded) would not qualify for adverse possession. See more info below.
The governing statute is California Code of Civil Procedure Section325:
(a) For the purpose of constituting an adverse possession by a
person claiming title, not founded upon a written instrument,
judgment, or decree, land is deemed to have been possessed and
occupied in the following cases only:
(1) Where it has been protected by a substantial enclosure.
(2) Where it has been usually cultivated or improved.
(b) In no case shall adverse possession be considered established
under the provision of any section of this code, unless it shall be
shown that the land has been occupied and claimed for the period of
five years continuously, and the party or persons, their predecessors
and grantors, have timely paid all state, county, or municipal taxes
that have been levied and assessed upon the land for the period of
five years during which the land has been occupied and claimed.
Payment of those taxes by the party or persons, their predecessors
and grantors shall be established by certified records of the county
Having said that, every adverse possession analysis depends on a careful fact analysis. I strongly recommend that you consult a real estate lawyer to get that analysis done. It should not take that long and you have alot at stake, so it's worth a few dollars to make sure you get a good legal analysis done.See question
I am an international student from Hong Kong, currently holding a F-1 student visa. The visa is for 5 years. This is my 2nd year in the US. I do not work nor do I have a green card. I am interested in purchasing a property with funds from my fami...
Yes, it is possible. I encourage you to work with an immigration lawyer. Also, see below the link to a broker who appears to work with individuals such as yourself.See question
My Wife owns 20% of house in a trust. There are 4 other siblings. My wife has dispute with 2 of them. My Wife and I live downstairs, sisters live upstairs. We're looking to make sure everything is done fairly. Sister was executer of trust, both pa...
I understand mixing family with business can be problematic. But, assuming your sister's real estate agent is the listing broker for the house, it sounds like your preference to prevent that agent from access to your living space is cutting off your nose to spite your face. The listing agent needs access to the entire house in order to present it in the best light possible to get the highest price that will put the most money in your pocket, unless I'm missing something in your co-ownership structure. The more pragmatic solution may be to agree on reasonable access restrictions that protect your privacy while still allowing access.See question
I just discovered I have a robo-signed Assignment of Deed of Trust. It is signed by a notorious robo-signer whose name I am now finding all over the Internet. I checked this document years ago, but the name didn't come up as a robo-signer. This i...
There is not enough information in your question to give you good advice. You state the Assignment of your Deed of Trust was robo-signed but you do not state how you believe you have suffered any damage as a result of that robo-signing. Are you contesting an attempt to foreclose upon your home?See question