Real estate: I need to consult with a California Lawyer that has experience with OCWEN Bank loan write downs (principal reductions)/loan modifications relating to commercial real estate.
Our firm has great deal of experience dealing with OCWEN in regards to your specific issue. We have achieved many favorable settlements for our clients including interest rate modification and principal deferment/cancellation. Please contact us for a free consultation. www.anandlaw.com. 323-325-3389See question
I lied to the property management on the retail/store lease about the nature of my business, what legal repercussions can the property management/landlord take against me?
Agree with the other attorneys but a more detailed conversation about the facts and a review of the lease is necessary to truly determine your and landlord's rights. You should contact a real estate attorney for advice.See question
After two year in litigation Court ordered debtor, who still in business, to pay back the 2.5 million loan and interest. Debtor threatens to file Chapter 11 and delay collection for 8 years. Can he do that?
Yes, a bankruptcy can be filed and will likely delay collection. You can, however, take steps both pre and post-filing to protect your interests. You also have rights to participate in the Chapter 11 process and ensure that you receive the most possible. The only way to protect your interest is to hire an experienced Chapter 11 attorney.See question
I have already been to court on two occasions for an eviction Unlawful Detainer. I the owner have lost based on the "Proof of Burden". The utility services have been terminated. Since I was the responsible party and then modified the rental agreem...
As mentioned, your next course of action is to file an unlawful detainer action. These proceedings, while usually straightforward for an attorney, are extremely technical. Minor deficiencies in the notice to quit can cause your case to be dismissed. Likewise, the complaint must be in proper form and include all necessary information. Finally, service must be effectuated per code. Hiring an experienced attorney will likely save you in the long run. Our office offers free consultations if you are interested.See question
Does Ch. 7 protect from past debts even with garnishments"?
Generally, Chapter 7 bankruptcy will stop garnishment. However, it depends on if you have filed before, when and what the results in that case were. It also depends on whether a lien based on a judgment was obtained - in that case, the garnishment may still be stopped but the lien may remain. You should consult with a bankruptcy attorney to discuss the specifics of your case.See question
If I filed 2 years ago for Ch.13 to protect my house and the bank got the court to lift the stay, and the only thing listed was the house, can I file for Ch. 7 to get rid of any judgments or consumer debts?
Yes, you more than likely can still file a Chapter 7. It depends on the reason your Chapter 13 case was dismissed. There are also a number of other factors to consider before filing - you should consult with an attorney to check into your prior cases and discuss whether filing Chapter 7 is the best option for you at this point.See question
I spoke to my friend who said CA has a law that says that if a lender who has a 2nd mtg does not contact you, and the house is underwater, then the lien and debt are gone. I have a HELOC on my house that is underwater. Is this true and how do i ...
Your friend is incorrect. A lien will not magically disappear. You may be able to "discharge" (i.e. get rid of) the debt in a Chapter 7 bankruptcy, but the lien will remain. You may be able to "strip" (i.e. remove) the lien in a Chapter 13 bankruptcy. Negotiating with the lender is also an option. I recommend contacting an experienced real estate and bankruptcy attorney. Our office offers free consultations if you are interested.See question
I own several investment properties and fell behind on some of the mortgages during the recession. Based on my research i think that im over the debt limit for a chapter 13. Can I use a chapter 11 to restructure/modify the mortgages on some of my ...
I agree with the other attorneys - Chapter 11, while typically used by corporations, can be utilized by individuals - and very effectively at that. Our firm has used Chapter 11 to allow individuals with several investments properties to retain the properties and "cram down" (i.e. eliminate) unsecured amounts.See question
I'm in chapter 13 and my plan payment is due every end of the month. Now, last month(Dec), I inadvertently missed my plan payment for some reasons. I thought I sent it but when I doublecheck just now, it seems I forgot to send it. Now, can I just...
I agree with the previous posters: send your payment in immediately. It is unlikely the trustee will have filed a motion or that they will do so at all. In addition, if you can explain and document "unforeseen circumstances", the plan can be amended. Also, if the plan is less than 60 months, it can be extended to allow for the missed payment.See question