Sean Sullivan Hanley’s Answers

Sean Sullivan Hanley

San Jose Chapter 7 Bankruptcy Attorney.

Contributor Level 11
  1. My father rented apartment when I was a minor and never put me on lease as an adult. Now he passed away. Can apt evict me?

    Answered over 2 years ago.

    1. Sean Sullivan Hanley
    2. Frank Wei-Hong Chen
    2 lawyer answers

    The landlord can evict you; however, if you remain on the premises, continue to pay rent as a "holdover tenant," and the landlord acquiesced or does nothing to evict you, you become a tenant under a month-to-month lease. Regardless of your status, you can inquire with the landlord into whether you can be the new tenant. You should enter into a new written lease, if possible. If the landlord decides to evict you, the process is costly and lengthy and at the end of it, the landlord must...

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  2. Real estate property line encroachment, abandonment law

    Answered over 2 years ago.

    1. Sean Sullivan Hanley
    2. Valerie Lynne Sacks
    2 lawyer answers

    This is definitely not a question that can be answered via a written post. California law in regards to boundary disputes is complex and technical. Please note, typically location of a fence does not control for boundary lines. There are too many variables to discuss in a written post forum such as this. You should discuss this matter with legal counsel as the law in this realm is complex and oftentimes, the best result is achieved through negotiation and settlement and/or some other...

    1 lawyer agreed with this answer

  3. How long can a second mortgage debt collector come after you after your house foreclosed?

    Answered over 2 years ago.

    1. Sean Sullivan Hanley
    2. Frank Wei-Hong Chen
    3. Richard Alan Rodgers
    3 lawyer answers

    Proceed with caution - first, you are correct that there is Ca case law that provides that when a first trust deed lender forecloses on a home and there is a second sold out junior mortgage held by the same lending institution, the sold out junior cannot sue the defaulting borrower personally for the deficient amount under the promissory note. Also, the fact that the foreclosure occurred roughly four years ago means that you may have a statute of limitations defense - need to know the exact...

    1 person marked this answer as helpful

  4. Im renting a home that is now being sold in a short sale. However I just had a rep from the bank come & deliver a notice for the

    Answered over 2 years ago.

    1. Sean Sullivan Hanley
    2. Frank Wei-Hong Chen
    3. Bernard James Conway
    3 lawyer answers

    To answer the first part of your question, you can always check with the County Recorder's Office to determine whether the house is indeed in foreclosure. Please note, even if the owner has not paid for the mortgage for 6 months or more does not mean that the foreclosure process has started (lender serves Notice of Default on borrwer).

    1 person marked this answer as helpful

  5. Cut off dates to reinstate loan before Trustee Sale in California

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Richard Alan Rodgers
    3. Sean Sullivan Hanley
    5 lawyer answers

    In addition to the law, which grants you the right to reinstate your loan 5 days before the auction sale date, there is nothing precluding you from notifying the lender of your intention to reinstate the loan, so if there is a day or two discrepancy, the lender may extend the sale date. It would also help to inform them of your changed financial circumstances and that you now have regular income, hence, making future mortgage payments on time should not be a problem. Lenders do not want...

    1 person marked this answer as helpful

  6. Cut off dates to reinstate loan before Trustee Sale in California

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Richard Alan Rodgers
    3. Sean Sullivan Hanley
    5 lawyer answers

    In addition to the law, which grants you the right to reinstate your loan 5 days before the auction sale date, there is nothing precluding you from notifying the lender of your intention to reinstate the loan, so if there is a day or two discrepancy, the lender may extend the sale date. It would also help to inform them of your changed financial circumstances and that you now have regular income, hence, making future mortgage payments on time should not be a problem. Lenders do not want...

    1 person marked this answer as helpful

  7. I need an attorney to evict my tenant using false informations on application, false W2+ employment. HOW?

    Answered over 2 years ago.

    1. Sean Sullivan Hanley
    1 lawyer answer

    You can start an unlawful detainer action to evict the tenant given that you only rented to the tenant based on false information. You should contact local counsel to start the eviction process - the sooner the better as evictions can take a good amount of time to process, not to mention the costs (filing fees, process server fees, potentially investigator if you are unable to locate tenant, etc. ) Counsel can advise you of the quickest and most effective way to remove the tenant from...

    1 person marked this answer as helpful

  8. Husband sent me an eviction notice on behalf of the landlord.....

    Answered over 2 years ago.

    1. Sean Sullivan Hanley
    2. Michael J. Caticchio
    2 lawyer answers

    I agree with the other post. This is not a question that can be adequately addressed in a public written forum. You should contact Ca divorce attorney ASAP to determine your rights regarding, amongst other things, your personal property and your tenancy.

  9. At the risk of being laughed at, how long do I need to wait to be considered for a mortgage refi after having a modification?

    Answered over 2 years ago.

    1. Sean Sullivan Hanley
    2. Frank Wei-Hong Chen
    2 lawyer answers

    This is clearly a question for your lender. Lenders all have different policies and practices regarding their mortgage plans, etc...

  10. Clouded title from modif fraud but property sold from trustee sale action... what should I do now?

    Answered over 2 years ago.

    1. Sean Sullivan Hanley
    2. Frank Wei-Hong Chen
    3. Richard Alan Rodgers
    3 lawyer answers

    It is not completely clear from the facts supplied exactly what occurred here. Was there a Trustee Sale on the property? If so, what date? If a foreclosure sale of your real property already occurred due to your delinquent payments, then B of A will start an eviction to remove you from the property. YOu should discuss this matter further with legal counsel to clarify your positions/facts, potential liability, and potential future course(s) of action.