Sean Sullivan Hanley’s Answers

Sean Sullivan Hanley

San Jose Chapter 7 Bankruptcy Attorney.

Contributor Level 11
  1. Does a served copy of an unlawful detainer have to have a conformed copy filed stamp?

    Answered over 3 years ago.

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

    If you have yet to be evicted,please note that there is a further step your landlord must proceed with to evict you (I.e get Default Judgment and Writ of Possession). A Landlord can proceed with a Default Judgment if you fail to file an answer (anytime up until this point, you can answer the suit). Please nite, if you do answer the suit, the landlord's next course of action would be to set the case for trial.

  2. How long does it take to have a bankruptcy discharge after you reopen a case?

    Answered over 3 years ago.

    1. Sean Sullivan Hanley
    2. Eric Charles Lewis
    3. Mitchell Paul Goldstein
    3 lawyer answers

    Depending on the court, you may not receive notice. You should contact the Attorney that handed your case to look up the status on the online PACER. Otherwise, you can contact the court directly to determine status. Hope thus helps.

  3. I filed BK in 2008. My bank said they do not have a reaffirmation letter and they did not receive one from my attorney. They

    Answered over 3 years ago.

    1. Jai Prakash Dadlani
    2. Sean Sullivan Hanley
    3. Dorothy G Bunce
    4. Mitchell Paul Goldstein
    4 lawyer answers

    The creditor is the one responsible for sending you a reaffirmation agreement and typically, it is then up to you to follow through with the necessary steps to ensure the reaffirmation agreement is in place. Your attorney bears no responsibility, unless by contract or otherwise, your Attorney asserted they were going to handle this part of the representation as part of your fee/agreement.

  4. LEIN ON MY CONDO AFTER BK CHAPTER 7

    Answered over 3 years ago.

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

    The lien will survive your Chapter 7 Bankrupty discharge. One option now is to negotiate and settle the debt with the HOA. You should consult legal advice and/or reepresentation should you decide to negotiate and settle the debt.

  5. How can i keep or delay the bank from evictng my mom who is disabled and a senior.thank you for your help.

    Answered over 3 years ago.

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

    Your Mom's senior/disability status typically will not delay the foreclosure and/or eviction. You should consult Riverside counsel, however, as I am unsure as to any potential local ordinances/rules that may apply in this situation. Please note, the non-judicial foreclosure process lasts about roughly 4 months. It is unclear where in the process you are. You should consult local legal counsel.

  6. My friend is a tenant living in a foreclosed property now owned by the bank. She had a 90 day notice to vacate posted

    Answered over 3 years ago.

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

    You can fight the unlawful detainer by filing an answer to the complaint; however, the question that is posed is what are the legal grounds. Typically, so long as the lender has followed the legal requirements with regards to notice/service, etc..., there is little ground to defend the foreclosure by the foreclosed tenant/borrower. Fighting the UD action may buy some time, but, ultimately, the time bought will likely be very costly (attorney fees, court costs, processing fees, etc). She...

  7. The house I rent month to month in CA is being foreclosed and how long do I have to find a place, unemployed, daughter disabled

    Answered over 3 years ago.

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

    There are new notice laws for tenants of foreclosed properties, which is in response to legislators awareness of the depressed economic state in America. These new notice laws seek to protect defaulting borrowers/tenants by giving them more time post-foreclosure to find a suitable new residence. Since you are not the defaulting borrower(typically, 3 days notice required for defaulting brrowers if all other requirements are met), family member of borrower, and assuming rent is at "market,"...

  8. Can the bank do major demolition to a foreclosure that is tenant occupied?

    Answered over 3 years ago.

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

    While you potentially may have legal right under California law, you must look at this issue from a practical perspective. When is the demolition going to take place? Will your right to quiet use and enjoyment of the property be compromised (for your next two months of tenancy) due to the demo? You should talk to the bank about when the demo is going to happen. If the demo is going to occur before your tenancy is over in September, you have the right to request a reduction of rent for...

  9. Can a real estate attorney help?

    Answered over 3 years ago.

    1. Gary Edward Moll
    2. Sean Sullivan Hanley
    3. Mitchell Paul Goldstein
    3 lawyer answers

    You need to consult a legal professional in this matter. When you filed for Bankruptcy initially, something called an "automatic stay" kicked in, causing all of your creditor action to cease during the pendency of your bankruptcy case. When your case was dismissed, the Automatic Stay was no longer in effect, giving your lender the right to proceed with a foreclosure if you were not current on your mortgage payments. It is important to note that Lenders must follow strict legal...

  10. I have two homes in CA, both are rentals and I need to foreclose on one of them. Can they come after my other rental property.

    Answered over 3 years ago.

    1. Isileli Tupou Manaia Mataele
    2. Sean Sullivan Hanley
    2 lawyer answers

    It is hard to give you an accurate answer given the facts supplied. I need the figures and status (non-recourse vs recouse) for the first and second loan(s) to determine whether the lender has a potential deficiency. It is unclear what type of loans you have (purchase money, refinance, HELOC, etc...- all of which will impact the legal analysis). In general, the fair market value of your home is roughly $122k less than what you owe on it (loan 1 and 2 - unknown). This $122k figure is...