Archived
I live in California. My wife won't sign when I want to buy any property. Where/how can I buy property without her?
Justin's answer
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Answered on August 25, 2013
You can buy property on your own in California and every other state. Because California is a community property state, your wife may have a...
Archived
If inheritance is separate property in chapter 7, Does that mean that anything bought with that money is also separate?
Justin's answer
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Answered on August 23, 2013
It is separate property under California community property law, but it will be still have to be disclosed on the schedules even if your husband...
Archived
I invested $30,000 in house 3 years ago with girlfriend but she's on title. How do we split proceeds from selling house?
Justin's answer
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Answered on August 22, 2013
The statute of frauds would require that any agreement between you be in writing. There are, however, exceptions to the statute, including part...
What if the trust deed was not recorded? I am in the state of California. Does that mean you do not owe lender any payments?
Justin's answer
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Answered on August 22, 2013
The trust deed need not be recorded to be valid.
Archived
Satisfaction of judgment not filed after I paid in full through a Chapter 13 bankruptcy completed in 2010.
Recourse?
Justin's answer
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Answered on August 16, 2013
Unless you file a motion to strip the lien, it remains on the property. You need to call the chapter 13 trustee and find out how much was paid to...
Archived
What are my options? Underwater by $200k but current on 1st & 2nd mortgages and taking a job out of state.
Justin's answer
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Answered on August 12, 2013
You can short sale the property without adverse tax consequences, maintain your good credit, and then buy another home elsewhere.
Archived
Is it difficult to amend a Chapter 13 plan since our mortgage payment is increasing next month?
Justin's answer
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Answered on August 12, 2013
The increase in the mortgage payment may render your plan infeasible. Consider filing a motion to amend your plan in light of your current...
Archived
Is it possible to recover for monetary damage due to breach of short sale purchase agreement via mediation/binding arbitration ?
Justin's answer
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Answered on August 12, 2013
There is no way that the property value increased $250,000 in 7 months. So it must be that the bank originally agreed to a short sale prices that...
Selected as the best answer
Archived
As a chapter 13 debtor, do I need to ask the Bankruptcy Court permission to file a complaint?
Justin's answer
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Answered on August 10, 2013
A chapter 13 debtor is considered a debtor in possession who has standing to pursue claims on his behalf.
Archived
Can the HOA foreclose on the homeowner for delinquent monthly dues even if the homeowner is current with the mortgage?
Justin's answer
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Answered on August 10, 2013
Yes
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