Archived
I'm I legally responsible for my home after bankruptcy? Do I have to carry hazard insurance on the property and pay HOA dues??
Justin's answer
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Answered on September 30, 2013
So long as the chapter 7 bankruptcy debtor retains a legal interest in the real property, he is responsible for all HOA dues that accrue...
Archived
What options do I have regarding my home: my wife will not contribute to the mortgage payment since moving out of the house.
Justin's answer
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Answered on September 30, 2013
In addition to a partition action or divorce court proceeding, you can allow the property to go into foreclosure. And surplus funds left over after...
Do I have any causes of actions against my lender for trying to foreclose for a cancelled second loan?
Justin's answer
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Answered on September 25, 2013
A lender cannot foreclose on debt that has been forgiven. Based on your facts, you probably have a case for wrongful foreclosure.
Archived
Real estate question: In tenant-in-common ownership , can one TIC list the whole property for sale with an agent w/o other
Justin's answer
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Answered on September 24, 2013
A tenant in common can sell his separate interest in real property. And from that it naturally follows that a tenant in common can list for sale...
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Archived
Seller will not move out of property!
Justin's answer
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Answered on September 23, 2013
You have to formally evict him pursuant to 1161a4 of the Code of Civil Procedure. Consult a real estate attorney.
Archived
I'm in Chap 13 I"ve been served a automatic stay. My spouse doesn't live in the home. Can it be granted if he hasn't been served
Justin's answer
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Answered on September 22, 2013
If relief from automatic stay in granted in your case because of non-payment, the lender can resume foreclosure even if your husband's whereabouts...
Archived
I am looking at purchasing a property through a CA Trustee Sale. I need assistance with understanding lien priority.
Justin's answer
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Answered on September 22, 2013
In California, the priority date for any lien is generally the date of recording. State ad valorem property tax liens have super-priority, which...
Archived
Do I need a real estate attorney, or is there a better way to address this problem without incurring major legal fees?
Justin's answer
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Answered on September 19, 2013
I have a client who bought a 20-unit building in Los Angeles that was in similar condition. Tenants had sued for sub-standard conditions and the...
Can I rent entire unit to roommates if condo's CC&Rs state that units are "used solely for single family residences"
Justin's answer
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Answered on September 19, 2013
That type of restriction is generally imposed to prevent the property owner from using the unit as a business site. I don't read it as preventing...
Archived
New property owners complete disregard for tenants.
Justin's answer
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Answered on September 17, 2013
The implied covenant of quiet enjoyment of the leased premises remains in effect until the lease is terminated in sixty days. However, the local...
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