Archived
A damage suite is filed against a City in behalf of a homeowner "pro per" as City unilateral actions depreciated property
Justin's answer
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Answered on December 11, 2013
The trust owns the property even if the trust is revocable. The trustee is the proper person to file an action on behalf of the trust.
How can grantor get home equity loan if she is not the owner of property?
Justin's answer
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Answered on December 11, 2013
If your cousin is not on title, she cannot offer up the property as collateral for the loan. In other words, she cannot get a secured heloc.
Archived
Is a sublease signed post petition Ch 11 enforceable when the b/k landowner agrees to the sublease post petition then
Justin's answer
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Answered on December 11, 2013
Check the terms of the master lease. Many such leases are drafted so as to allow the master landlord to step into the shoes of the master tenant in...
Archived
I'm inquiring if I can stop wage garnishments that are soon to begin? I believe this should have been included in my chap 7 BK.
Justin's answer
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Answered on December 11, 2013
It these are post-petition hoa dues, they were not discharged. If these are non-hoa holdover damages in an eviction case, they may have been...
Archived
Can I loose my house that is worth $700,000 if I owed $310,000 on the house, a secured credit line that is max now $150,000?
Justin's answer
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Answered on December 11, 2013
The credit card companies can record judgment liens against the property. They can also pursue an execution sale of the property, wherein the...
Archived
SUBSTITUTION OF TRUSTEE BEFORE SALE
Justin's answer
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Answered on December 10, 2013
Under Section 2934a (subdivision b), a trustee can record a notice of default before recording a substitution of trustee so long as the...
Archived
I had a lien on a property and was told it was sold at auction. why wasn't i paid off? are the new owners responsible.
Justin's answer
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Answered on December 10, 2013
All liens junior (or subsequent in time and/or date of recording) to the lien that was foreclosed were wiped out through the sale. The liens are...
Archived
If my first foreclosed on me and sold home at auction, can the second (line of credit) still continue to do a loan mod
Justin's answer
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Answered on December 10, 2013
The lien was extinguished upon the trustee sale. You may be liable for what is now an unsecured loan. Consult an attorney about california's...
Can I file an Unlawful Detainer (UD) while I have a Quiet Title action pending against the same party?
Justin's answer
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Answered on December 10, 2013
You can proceed with eviction pursuant to Section 1161(a)(3) of the Code of Civil Procedure. The former owner may seek an injunction or...
Archived
Who decides if a BK Trustee abandons a claim?
Justin's answer
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Answered on December 07, 2013
File a motion with the court to compel the trustee's abandonment of all interest in the suit.
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