Archived
My house was foreclosed on during the short sale process. Green Tree Servicing is giving us the run around.
Justin's answer
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Answered on December 07, 2012
Your experience is not uncommon. There is ample case law for the proposition that a lender which breaches a promise or agreement to postpone a...
Archived
My wife is on title but not on the loan with me if she files a BK will it post pone my sale date next week.
Justin's answer
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Answered on December 07, 2012
If you received a chapter 7 discharge 10 months ago, this would not preclude you from filing a chapter 13 bankruptcy to catch up on the mortgage...
Archived
Will bankruptcy cancel a Settlement Agreement to pay $30K for someone to not file action for a malicious lawsuit?
Justin's answer
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Answered on December 06, 2012
Malicious prosecution is an intentional tort in California. Section 523(a)(6) of the bankruptcy codes excepts from discharge all debts "for...
Archived
Do I need a attorney or is it even necessary to have one?
Justin's answer
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Answered on December 06, 2012
An attorney is not necessary, but often helpful. I am a real estate broker and a real estate attorney.
Archived
Need to file chapter 7 no later than tomorrow can this be done electronically and who can help me?
Justin's answer
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Answered on December 05, 2012
My office can file it electronically after an initial telephone consultation.
What recourse do I have for a gross misrepresentation of square footage on a condo purchase?
Justin's answer
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Answered on December 04, 2012
Misstating the square footage in a listing or other document is actionable misrepresentation. You would be entitled to, among other things, a...
Archived
My friend and I are buying a house in CA. Only my name will be on the loan, but only her name will be on the deed. Pros & Cons?
Justin's answer
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Answered on December 04, 2012
Double check with your realtor. Lenders usually require the borrower to be on title for the purpose of securing the loan, although technically...
Archived
I need to file chapter 7. In 2011 I filed twice and it was dismissed due to not getting all info in on time. If I refile will
Justin's answer
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Answered on December 04, 2012
If the prior two dismissals occurred within 12 months of the filing date of your 3rd bankruptcy, the automatic stay will not go into effect,...
Bank of america charged off my HELOC Accoun of 173,000, but still has lein on property for the debt as security.
Justin's answer
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Answered on December 03, 2012
A charge off simply means that the note is non-performing and the lender intends to write off the loan, at least in part, as a loss. The lien...
Archived
I have a tenant with a one year lease. Tenant has failed to pay on the first of the month as required for 4 consecutive months.
Justin's answer
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Answered on December 03, 2012
You must serve a 3-day notice to pay or quit on the tenant. The notice should declare the lease forfeited if the tenant does not pay within the...
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