Archived
I have a bankruptcy question. I have bought a house 8 months ago. It has 40k in equity. Can it qualify as a primary residence?
Justin's answer
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Answered on April 01, 2013
If you are occupying the property as your primary residence at the time of filing the bankruptcy petition, you can claim the homestead exemption.
After a Notice of Trustee Sale is rescinded in California, does a new Notice of Default have to be issued?
Justin's answer
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Answered on March 28, 2013
No. A notice of default would require a separate rescission.
Archived
My ex- boyfriend and I broke up 9 years ago. He quit claimed the title to me in 3/2010.
Justin's answer
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Answered on March 28, 2013
File the quitclaim deed immediately if it is signed and notarized 9 years ago. Note, however, that recording is not required to effect a transfer...
Archived
Reopen chapter 7 bankruptcy case to include omitted creditors. Just wondering, could I amend to add them?
Justin's answer
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Answered on March 28, 2013
Worst case is you pay approximately 270 dollars to file the motion to reopen and the court denies the motion because it is a no asset case. Or, I...
Archived
Can I still file Bankruptcy after UD has been filed and a hearing has been set?In live in Orange county, Calif
Justin's answer
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Answered on March 27, 2013
You can file. The hearing should be postponed unless the landlord obtains relief from the stay in the interim.
Is it too late to file for Bankruptcy once you have received a summons for a credit card non payment?
Justin's answer
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Answered on March 27, 2013
It's not too late to file.
Archived
Who owns/is responsible for a home if a notice of rescission of trustee's deed upon sale is filed months after foreclosure sale?
Justin's answer
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Answered on March 26, 2013
You can give the proprerty back to the lender. This is called a deed in lieu of foreclosure. Or you can allow the property to be sold again at...
Archived
Live in CA notified landlord w/ 30 days notice on Jan 31st , being that Feb has 28 days Can he deduct 2 days from my deposit?
Justin's answer
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Answered on March 26, 2013
The lease was terminated upon expiration of the 30 days. You were responsible for the rent up until that point, even if you moved out sooner....
Archived
How do I create an agreement to lease with option to buy on a home that will have to be sold through probate?
Justin's answer
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Answered on March 24, 2013
If you are correct, the property belongs to the estate of the deceased owners. A court appointed executor or administrator could enter into such...
Archived
Bought a second mortgage at auction, how to pay off first
Justin's answer
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Answered on March 23, 2013
You want to receive and record the trustee's deed within 15 calendar days of the sale in order to avail yourself of the conclusive presumptions...
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