Christopher Robert Blevins’s Answers

Christopher Robert Blevins

Litigation Lawyer.

Contributor Level 4
  1. Will the bank take my home if the home was used as a collateral for a loan obtained by a relative who has stopped paying?

    Answered over 1 year ago.

    1. Christopher Robert Blevins
    2. Michael Austin Hackard
    3. Justin Drayton Graham
    3 lawyer answers

    If this loan was secured by your property and the loan is in default, the property is at risk of foreclosure. This sounds like it may have been a HELOC, which can alter your remedies. However, you have a number of options available to you both with the bank and potentially against your sister-in-law. You should consult with an attorney immediately.

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  2. My sister has been named executor of my mothers will. I don't trust her to be completely honest. How much control does she have?

    Answered over 1 year ago.

    1. Christopher Robert Blevins
    2. David Alexander Blair
    3. Charles Adam Shultz
    4. Keith G Langer
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    There are a couple initial questions that need answering before any clarity can be provided on the subject. As an attorney licensed in both California and Arizona I can say that generally speaking, if there is a trust, your sisters as trustees are obligated to comply with the terms of the trust instrument when making distributions. If you are a beneficiary and do not have a copy of the trust, you are entitled to receive a copy. If your sisters are now trustees of the trust and they are...

    3 lawyers agreed with this answer

  3. I am sued by cavalry spv LLC for credit card debt in Pasadena court, can you please advice on how to file a response? thanks!

    Answered over 1 year ago.

    1. Christopher Robert Blevins
    2. William Asa Grafton
    2 lawyer answers

    You will need to respond to the Complaint by filing an Answer, Demurrer, or another type of Motion (such as a Motion to Quash Service). The Answer is what is typically filed after a Summons and Complaint are served unless you believe the claims are without merit or service was improper. Unless the Complaint is verified, you can file a general denial which denies all allegations of the Complaint. You will also want to allege any affirmative defenses you may have. If the Court is unable to...

    2 lawyers agreed with this answer

  4. I received a summon for credit card debt, and plan to settle out of court.

    Answered over 1 year ago.

    1. Adrienne Patricia Allen
    2. Kevin Samuel Sullivan
    3. Christopher Robert Blevins
    3 lawyer answers

    I have handled a number of these matters and in my experience the creditor will typically extend your time to respond to the Complaint if you are in legitimate settlement negotiations with them. Be sure to get any extension in writing, and if i goes beyond two weeks you will need to get a court order approving the extension. You must timely answer the Complaint or you can be defaulted and have a default judgment entered against you. Also, if you admit all of the allegations there is...

    2 lawyers agreed with this answer

  5. How often and how many amended pleadings may be filed in a case?

    Answered over 1 year ago.

    1. Luke D. Kazmar
    2. Judy A. Goldstein
    3. Robert Bruce Kopelson
    4. Christopher Robert Blevins
    4 lawyer answers

    In California, a party can amend their complaint once as a matter of course. The same goes for a Defendant's Answer and Affirmative Defenses. After that, leave of court is required. You will need to consult your Court's rules or a local attorney to determine if the same rules apply in your case.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Do I need a real estate lawyer? Is this considered misrepresentation?

    Answered over 1 year ago.

    1. Nicholas Basil Spirtos
    2. Christine Marie Watkins-Miller
    3. Christopher Robert Blevins
    3 lawyer answers

    Sometimes a failure to disclose can be construed as fraud or a misrepresentation. The CC&R's are recorded in the public record and you should have been given or had access to them prior to purchasing the property. Assuming this was an actionable misrepresentation, the next question you'll need to address is how you were harmed. If you were not harmed or suffered any actual damages a lawsuit may not be advisable. Also, if you have an issue with your realtor for violating a duty to disclose...

  7. My unit is up for auctions due to non payment on 19th. I'll have monies to pay bill on 20th. What can I do?

    Answered over 1 year ago.

    1. Brian Crozier Whitaker
    2. Frank Wei-Hong Chen
    3. Christopher Robert Blevins
    3 lawyer answers

    I agree with my colleagues that more information is required as to what type of auction you are dealing with in this case. It appears you believe there were some discrepancies with how the auction came about. Bankruptcy may be an option and will impose an automatic stay to allow you to keep the property temporarily. If there was some violation of the law you can file a lawsuit and get an immediate temporary restraining order (TRO) preventing the sale. You need to provide more information and...

  8. Rental is in Foreclosure

    Answered over 1 year ago.

    1. Erin Patricia Farley
    2. Christopher Robert Blevins
    2 lawyer answers

    Ms. Farley provides an excellent response. The only additional information I can add is that you may have a cause of action against your prior landlord. Consult an attorney and do not hesitate to take your landlord to small claims if necessary.

  9. What do i need to do to look up a will from 1990. It is in Orange county CA

    Answered over 1 year ago.

    1. Erik Robert Hartstrom
    2. Christine James
    3. Christopher Robert Blevins
    3 lawyer answers

    Generally, trustee's have are held to very high standards and very high standards of care. The beneficiary does have the right, in most, but not necessarily all circumstances, to demand that the trustee disclose trust-related information. At that point, if the beneficiary believes that an impropriety has occurred, the beneficiary must, to the extent possible, expressly state the nature of the dispute or impropriety. Assuming that the beneficiary has stated a potentially valid claim, it is...

  10. How do I get Mortgage company to release fire insurance proceeds?

    Answered over 1 year ago.

    1. Christopher Robert Blevins
    2. Leonore M. Greller
    3. David J. McCormick
    3 lawyer answers

    The loan documents will govern the rights and obligations with regards to the insurance proceeds. Often these proceeds go to the secured creditor, who is then required to use the proceeds to make repairs unless such action is not economically feasible. If the documents support your position that your bank is required to release the funds to the contractor, you could start by making a written demand to them requesting that the funds be released. If they funds are not then released, you may...