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James Charles Shields's Answers (27631)

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Archived

How long will the HELOC stay on the credit report after a foreclosure?

James's answer | Answered on April 21, 2015

HELOC will remain on credit report for 7 to 10 years. If judgment was obtained, the judgment can be renewed in 10 year increments.

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Does a debt collection agency have the authority to foreclose?

James's answer | Answered on April 21, 2015

Yes. Debt collector, debt buyer, debt servicer, trustee all may foreclose if they have proper assignments from creditor. You may have defenses. ...

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Can someone sue me for my grandfather tools he passed away

James's answer | Answered on April 21, 2015

Yes. You may be sued to return the tools to GF estate. If you can prove they were gifted to you by GF before he died, you have a valid defense.

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Out trustees refuse sending accounting or full accounting. We have a large trust. They have illegally changed the trust document

James's answer | Answered on April 21, 2015

Yes. Trustee must provide accounting upon demand. Terms of trust may also require periodic accounting. Several possible violations cited in...

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Was it necessary to file a life estate with the county recorder 25 yrs ago?

James's answer | Answered on April 21, 2015

Yes. Would have been good practice to record the life estate. Not an absolute requirement. Recording would have given notice to anyone acquiring...

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Can any lien be bonded off? I am aware that this is used frequently for mechanic liens, but can any lien on real estate be

James's answer | Answered on April 20, 2015

Theoretically, any lien can be bonded to facilitate sale of real property. Cost of bond may be prohibitive. Depends on bonding company of title...

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Dear Friends, My question is estate/trust related. My mother passed away and we found she had both a trust and will.

James's answer | Answered on April 20, 2015

Appears that part of estate is property of trust and will be distributed according to terms of trust. Trust document governs distribution of...

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What is the quickest option to get some type of guardianship of a 17yr. Old relative??

James's answer | Answered on April 20, 2015

In Los Angeles county you will need to file petition for appointment of guardian. May be expedited by filing petition for appointment of temporary...

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How to ensure proper distribution through a will?

James's answer | Answered on April 20, 2015

Several issues addressed in order presented: BANK ACCOUNT: If bank account is POD to AS and D it will be distributed to them after death upon...

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What type of affidavit do I need for my daughter to receive her deceased father commission check from his job company?

James's answer | Answered on April 20, 2015

Affidavit not sufficient. Because daughter is minor, Guardian ad Litem must be appointed.