Archived
I need to file Bankruptcy to save my house from a foreclosure sale next month. Should I file Chapter 7 or 13?
Justin's answer
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Answered on April 28, 2015
Both chapters entail the imposition of the automatic stay, which stops the sale. Chapter 13 would require you to pay the mortgage each month going...
Archived
Does a successor in interest assume the liabilities of the previous LLC ?
Justin's answer
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Answered on December 14, 2014
If the fight between family members is an internal one over who owns the interests in the LLC that owns real property, then quiet title is not the...
Lis pendens: the plaintiff filed and recorded the lis pendens without sending the certified mail or registered mail, I have
Justin's answer
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Answered on December 14, 2014
Failure to send the lis pendens by certified mail prior to recording is a technical deficiency which warrants expungement. When a lis pends is...
Archived
I want to evict my tenant for many different reasons. Property is rent controlled, city of LA.
Justin's answer
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Answered on December 03, 2014
Dealing drugs and theft on the premises are types of private nuisances for which the landlord may serve a 3-day notice of termination without a...
Archived
House going into foreclosure because junior lien would not accept the $6000 offered. Can they sue us after foreslocure?
Justin's answer
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Answered on November 06, 2014
If the first lender is foreclosing, the second loan may survive the foreclosure sale. If the second lender is foreclosing, the second loan would...
Archived
I flipped a house that was bought with me on title with my husband and his parents. We separated 3 months ago, but now it sold.
Justin's answer
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Answered on October 26, 2014
If the property has already been sold (or flipped), the net proceeds should be with the escrow company if they have not already been disbursed. ...
I did not receive notice of surplus funds following the foreclosure of my home. Is it too late to get the funds.
Justin's answer
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Answered on October 21, 2014
You need to claim the funds from the California State Controller's office.
Archived
We did a loan modification in 2011 but still has the second loan with bank of America, we didn't pay this loan since 2009
Justin's answer
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Answered on October 20, 2014
You can apply to modify the second loan, which may entail a reduction in principal. You might be able to use chapter 13 bankruptcy to strip the...
Archived
Had a condo foreclosed. I owed homeowners fees. They sued for fee's. I filed Bankruptcy and now they say abstract was recorded
Justin's answer
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Answered on October 11, 2014
An abstract of judgment is a lien against real property. If you own no real estate, then the lien has not attached to anything. The bankruptcy will...
Archived
If a house my brother and I inherited goes into forclosure. Mortgage balance; $ 70k. Value is 535k. Do we end up with $0?
Justin's answer
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Answered on October 10, 2014
The property owner is entitled to the difference between the foreclosure auction sale price and the amount required to pay the mortgage in full....
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