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Sean Sullivan Hanley

Sean Hanley’s Answers

55 total

  • Can a foreclosure legally proceed if one of the deed holders was not sent notice of pending foreclosure to his proper address?

    Several people own a property in common as recorded on the deed, note and security deed, these owners are no-longer in communication.The property is scheduled to foreclose in 4 days, one of the owners discovered this foreclosure was scheduled only...

    Sean’s Answer

    This notice violation is technical in nature. So long as the foreclosing lender conformed with their "due diligence" requirements and have proof of the same, stopping the foreclosure and/or defending on a technical notice violation will be an uphill battle.

    Some judges will find that proper notice has been given by the mere fact that the person is complaining of of technical notice violation (especially so late in the process as is the case here).

    You should consult local legal counsel, especially given the emergency nature (auction in 4 days) so your specific legal inquiries relative to your entire factual scenario can be properly analyzed.

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

    i work as a caregiver for the disabled daughter of my landlord while working he approched me from behind and fondled my breast and grinded his crotch on my behind its been about 5 moths since this happen and i now take care of his daughterin my ap...

    Sean’s Answer

    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.

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  • 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?

    How much time does the apartment company have to give me in order to remove my fathers and my belongings from apartment. We lived there for 16 years. Also this is California.

    Sean’s Answer

    • Selected as best answer

    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 provide you with a Notice of Right to Reclaim Abandoned Property should any personal belongings of yours remain on the premises.

    You should consult legal counsel regarding the specifics of your case.

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

    Three, thirty, sixty or ninety day notice etc.?

    Sean’s 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.

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  • I rent a commercial space & my landlord wants to lock me out without an eviction judgement for non payment of rent. passaic nj

    i owe 1,5 month of rent and my landlord left me the message that if I willl not bring the whole amount of money tomorrow he will come with the marshal officer to lock me out. He didn't sent me any letter before. I know I owe the rent and i want to...

    Sean’s Answer

    I am not sure about NJ, but the law in general does not allow "self help" evictions as described in your email.

    In California, the landlord would have to provide you with notice before serving you with an unlawful detainer (fancy word for "eviction") complaint and summons.

    You should consult local legal counsel to make sure your legal rights are protected.

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  • 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

    lease, have lived here over 15 years but my Mother passed last year and Dad has been in a board and care for over 6 months. The park has new management and has reported me to the Board of Directors. Any advice?

    Sean’s 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 senior park rules in April, that you will qualify under all other park rules, rent will continue to be timely paid, and that it will be costly and timely for them to evict you, etc...

    You should consult legal counsel as this issue is fact sensitive with many potential variables.

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  • I accidentally defaulted on Settlement, collector won't accept payments.. what should I do?

    I agreed to a debt settlement and missed the first payment, I forgot about it because I thought they were going to send me monthly bills. One day, I get a voice mail from them saying I defaulted, etc... I tried to call them to arrange an immediate...

    Sean’s Answer

    You should contact them in writing regarding your concerns and goal to start a paper trail. I would send the letter certified with return receipt requested to verify receipt by the other party.

    If a letter from you does not work, you might want to contact legal counsel and have them write a letter on your behalf. Regardless, you should contact local legal counsel about how best to proceed given all the facts.

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  • Does a served copy of an unlawful detainer have to have a conformed copy filed stamp?

    I was served a unlawful detainer summons ,on 6/20/11 without a" Conformed Copy Original File" date stamped on it and then I recieved a notice of unlawful detainer in the mail with a "CONFORMED COPY FILE stamp but it was dated the day after the ...

    Sean’s Answer

    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.

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  • In bankruptcy, I signed an SOI for a lease but never signed the reaffirmation agreement. Am I still responsible to pay?

    I believe I filed a SOI to keep the car, but never signed the reaffirmation agreement. I have been current on the lease payments, and the bank has let me hold onto the car though I have not been receiving statements. The lease is now over. When I ...

    Sean’s Answer

    Your personal liability is discharged in bankruptcy.

    When/if you return the car, you should not be responsible for the extra fees as your personal liability was discharged in the Chapter 7 Bankruotcy. You should consult your Bankruotcy Atttorney wit any specific inquiries regarding your Bankruptcy.

    Hope this helps.

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

    the court closed my case because by misunderstanding I sent the B23 form to the trustee and not filed with the bankruptcy court. They reopened my c`ase 3 months ago and I still have not received any notification

    Sean’s Answer

    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.

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