Archived
Short sale after Bankruptcy discharge of real estate. Why does bank need personal finance info? Can they ask for money?
Justin's answer
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Answered on May 13, 2013
It is peculiarity of chapter 7 bankruptcy law that the lender's right to condition a release of the mortgage lien upon full payment of the note...
Archived
How do I file a quite title for my home in LA, Calif
Justin's answer
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Answered on May 06, 2013
A quiet title action is difficult to do and will probably cost you several thousand dollars.
Archived
Unlawful Detainer Action when I filed Bankruptcy (Ch. 13) weeks ago!
Justin's answer
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Answered on May 06, 2013
If the new owner initiated the unlawful detainer without obtaining relief from the stay, you can request that judicial notice be taken of the...
Archived
How do I obtain a temporary and permanent injunction against an eviction from a residential property?
Justin's answer
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Answered on May 06, 2013
You need to contest the unlawful detainer. Los Angeles has rent control laws which may protect your right to continued possession of the proprerty.
Archived
What is the best way to go about reconveyance of DOT to the borrower and getting a new Deed of trust on another property ?
Justin's answer
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Answered on May 05, 2013
A second deed of trust is risky. It can be wiped out in the event of foreclosure. As has been noted, you will need to verify title for the new...
Archived
Mortgage servicer rejected 4 payments which forced foreclosure by new servicer.
Justin's answer
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Answered on May 04, 2013
As a precondition of a preliminary injunction to stop the foreclosure, you will have to show that you tendered an amount sufficient to bring the...
Archived
Does Chapter 7 discharge a small claims court judgment made on a case that was initiated after the Chapter 7 filing date,
Justin's answer
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Answered on May 02, 2013
In the 9th Circuit U.S. Court of Appeals, which includes California, if the chapter 7 was a no-asset case, even debts not listed in the schedules...
Archived
Should digital content be listed as assets in bankruptcy?
Justin's answer
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Answered on May 01, 2013
You have no intellectaul property rights that require disclosure. Inasmuch as the digital music can lawfully be re-sold, it is an asset which must...
Archived
Can a lease for a commercial building be included in a bankruptcy by tenant
Justin's answer
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Answered on May 01, 2013
A debtor-tenant is required to disclose all executory contracts, including leases, to which they are a party, as executory contracts are part of...
Archived
I lent $ to an individual for a Nevada property as a first trust deed. Can I sue him in California?
Justin's answer
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Answered on April 28, 2013
Nevada law controls. Your remedy as a mortgage lienholder is to foreclosure pursuant to Nevada law.
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