Sean Sullivan Hanley’s Answers

Sean Sullivan Hanley

San Jose Chapter 7 Bankruptcy Attorney.

Contributor Level 11
  1. Who is reliable?

    Answered about 3 years ago.

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

    You should contact local legal counsel regarding this matter. It is good that your property manager admitted fault - do you have this in writing? Do you have anything else in writing from the apartment complex regarding the issue? The best course of action is to likely contact local legal counsel to contact the appropriate parties on your behalf and request redemption of the reasonable value of goods your lost. Should this not work, you can always proceed with a small claims action...

  2. HOA sent me a lien and foreclosure letter including the post BK and discharged BK amount..

    Answered about 3 years ago.

    1. Richard Alan Rodgers
    2. Timothy Miranda
    3. Sean Sullivan Hanley
    3 lawyer answers

    As advised by previous counsel, you need to make sure that you pay the post-petition dues. To address the harassment side of your post, you may wish to write a letter to the HOA board indicating the violation of your privacy, detailing the malicious conduct of your HOA owner, and requesting that further malicious conduct cease. Be careful, however, as previous posts mentioned, you do not want to find yourself in a retaliatory situation, whereby the HOA owner/HOA in general retaliates...

  3. E.g.If a tennant is unable to pay rent due to loss of job, how long does it take a Landlord to evict? And how many months am I

    Answered about 3 years ago.

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

    There are many steps that must be followed for landlord's to complete an unlawful detainer (eviction). The following is a general guideline of the steps that must be followed to evict a tenant. Landlord's FIrst Step: Service of notice. For non-payment of rent, 3 day notice to pay rent or quit will likely be served. Landlord's Second Step: File and Service of Unlawful Detainer Complaint and Summons (and, potentially Prejudgent Claim of Right to Possession). This gives the tenant 5 days...

  4. Can I evict my husband during our separation if the title of the house is in my name only?

    Answered about 3 years ago.

    1. Sean Sullivan Hanley
    2. Joshua Tobias Hershon
    3. Daniel Victor Burke
    3 lawyer answers

    You should contact local legal counsel regarding the specifics of your case and how to best practically evict your ex from the home. You may be able to proceed with a full blown unlawful detainer action (eviction). Of course, this assumes that there is no agreement (separation or otherwise) that allows him occupancy of the house rent-free. Please note, even if you can proceed with an unlawful detainer, it does not mean that is the best practical way to handle this matter as evictions...

  5. A CA invstmnt property significanly underwarer. Has decent income. How likely the bank to puersue deficieny on strategic default

    Answered about 3 years ago.

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

    The other answer supplied is correct (i.e. Senate Bill 931 as of 1/1/11 prohibits first trust deed lender from securing a deficiency in a short sale context). To answer the other part of your question, if the property is foreclosed on (rather than short sale), the probability that the lender will pursue a deficiency judgment depends on a myriad of factors, such as the type of Foreclosure proceeding used by the lender (Non -Judicial or Trustee sale vs Judicial), the type of loan(s) you have (...

  6. I cant pay my mortgage. I will likely lose it to forclosure. Can I protect a condo in another state that I own free and clear?

    Answered about 3 years ago.

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

    Please note that if you have more than one mortgage (i.e. you pulled out a HELOC or second mortgage) after the purchase of your property, you may be personally liable to the amount that loan is not covered by the remaining equity after the foreclosure of your first trust deed lender. 2nd mortgages of these type are called "sold out juniors" in a Non-Judicial foreclosure scenario. If you only have one purchase money mortgage that you never refinanced, then the lender cannot pursue a...

  7. How long can I stay in my house without paying mortgage and is there things I can do to stay free longer?

    Answered about 3 years ago.

    1. Frank Wei-Hong Chen
    2. Sean Sullivan Hanley
    3. Lee Anne Graybeal
    3 lawyer answers

    Please note, after a Non-Judicial Forelcosure (Trustee Sale) is finished, the new landlord (typically, the foreclosing bank) will start an eviction to remove any tenants and reclaim the property The eviction process starts with nottice to the borrowers. The type of notice you get (3 day,60 day, 90 day notice) depends on your tenant status in the property. If you are the borrower, you will be supplied with 3 day notice. If you are not the borrower, you can potentially get up to a 90 day...

  8. What to do if have been groped by my landlord who is now evicting me for no reason

    Answered about 3 years ago.

    1. Steven Alan Fink
    2. Frank Wei-Hong Chen
    3. Sean Sullivan Hanley
    3 lawyer answers

    On a practical note, you should get as far away from this person as possible. You could use legal processes to go after him civilly and/or criminally. This is a personal call and you should by no means rely on simple email answers to issues that are as serious as the one posted. As far as the eviction, this looks like a possible case of "retaliatory eviction." You should definitely consult local legal counsel on this matter.

  9. What is the procedure for the Owner to follow in order to evict a contra costa county section 8 tenant with legal cause?

    Answered about 3 years ago.

    1. Sean Sullivan Hanley
    1 lawyer answer

    There are extra legal protections afforded to section 8 HUD tenants that are region/locale specific. You should contact local legal counsel in Contra Costa County re: the specifics of unlawful detainer actions against section 8 tenants.

  10. Can an HOA in CA evict me for being under age in a 55 and older Mobilehome Park? I will be 55 next April and my Parents are on

    Answered about 3 years ago.

    1. Sean Sullivan Hanley
    1 lawyer answer

    I recommend that you explain your situation to the board to see if an exception can be granted. It is hard to give you definitive advice without a complete review of the lease/local rules re: senior home mobile parks; however, I do know that some senior home mobile parks (55 and older) grant living exceptions for people that are considered "caregivers" of their elderly family members that are senior mobile home park residents. It would help if you can show that you will qualify for the...