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Lender violated CA CCP 580e by demanding money to approve short sale, what damages, beyond fiscal, can be claimed in court?
Justin's answer
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Answered on December 30, 2013
Your contribution toward the second mortgage would be considered the "proceeds of the sale" under section 580e(b). Lenders still have a right to...
Archived
I want to sue or settle with the lender for my second mortgage. Do I have a case?
Justin's answer
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Answered on December 30, 2013
It sounds like you have a claim for breach of contract against the collection agency and by extension the lender.
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Archived
Foreclosure 'tender rule' & bond & Los Angeles Appeal court cases
Justin's answer
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Answered on December 28, 2013
Section 2934a(b) of the civil code permits a new trustee to record a notice of default and then afterwards record the substitution of trustee. If a...
Archived
I live in CA...my divorce was finalized in June 2013 and my ex was awarded the house and I was indemnified with the mortgage ...
Justin's answer
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Answered on December 18, 2013
You can't do a short sale because you no longer own the property. Neither can you execute a deed to the lender in lieu of foreclosure. If your...
Archived
Lender Litigation issues regarding misapplied mortgage payments, a looming NOS date, options to stall the NOS auction.
Justin's answer
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Answered on December 18, 2013
You can list the property for sale and at the same time apply for a loan modification. However, if the lender discovers that the property is...
Archived
If I do a strategic walk away from my mortgage- and there is equity, will I be liable for taxes, like income?
Justin's answer
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Answered on December 18, 2013
You can realize a taxable capital gain from a foreclosure sale or a deed in lieu of foreclosure. Consult a tax expert.
Archived
Am I a legal owner of a home for tax purposes if grant Deed has been signed and notorized but not filed with county.
Justin's answer
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Answered on December 18, 2013
Recording is not required to render a deed valid. The taxing authorities will look to whether the deed is notarized, the date of the...
Archived
If my home was valued at a set price ,then Auctioned off for more than what it was worth,do I get any of those funds?\
Justin's answer
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Answered on December 17, 2013
You may be entitled to any surplus funds. Contact an attorney like myself who specializes in this kind of work.
Archived
Will Chapter 7 Bankruptcy Erase A Monetary Judgment & Lien Filed At County Recorder (But Not Attached to Any Property)?
Justin's answer
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Answered on December 11, 2013
If the judgment is dischargeable, and if at the time of filing bankruptcy you have no interest in real property in the county in which the abstract...
Archived
Is a Motion to reopen a bankruptcy always necessary to include an asset, even if it is exempt?
Justin's answer
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Answered on December 11, 2013
A clever attorney will argue that you are judicially estopped to pursue your personal injury claim because you failed to disclose it in your...
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