Archived
How long will my house be in foreclosure until bank sells in CA? Is there a way to reduce foreclosure fees?
James's answer
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Answered on January 06, 2015
Depends. Foreclosure process varies and depends on many factors, including: loan amount, property value, equity, location, lender.
Yes. You may...
Archived
Can I sue First national bank in McAllen tx for foreclosing on my construction loan on finished 2 four plex and get the surplus
James's answer
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Answered on January 06, 2015
Yes. Based on information presented, you may sue creditor.
Yes. You are entitled to surplus from sale proceeds after creditor is paid loan...
Archived
When I request Validation of Debt to creditor, What documents do they need to send me?
James's answer
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Answered on January 05, 2015
Statute not specific. Creditors must provide sufficient information to prove validity of debt. Generally, this will include: signed receipts,...
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Archived
File for BK7 questions?
James's answer
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Answered on January 05, 2015
Maybe. You may be able to protect the houses by exempting the equity in each home. Not enough information provided to opine further. Carefully...
Archived
Are Pensions and Bank accounts part of a Trust?
James's answer
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Answered on January 05, 2015
Maybe. Whether pensions and bank accounts are part of trust depends on several factors. Factors include: terms of trust; how accounts are titled;...
Archived
As Trustee of mother's estate, do I need to send notice to step children/step grandchildren if steps are excluded from trust?
James's answer
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Answered on January 05, 2015
Yes. You are required to send statutory notice to all beneficiaries and potential beneficiaries.
Yes. It is good practice to send copy of trust...
I am a beneficiary to 1/4 of real property from my parents' trust. Can I get a judicial partition to sell it?
James's answer
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Answered on January 05, 2015
Maybe. Depends on terms of trust and facts. Generally, in absence of trust terms prohibiting partition, you may petition court for partition and...
I'm being evicted. If I file Bankruptcy can I stop the eviction process for at least some time?
James's answer
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Answered on January 05, 2015
Yes. BK will provide protection under automatic stay which will be effective day filed.
Archived
How to file a Motion to form Creditor's committee in Chapter 11?
James's answer
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Answered on January 05, 2015
Yes. Creditors may compel trustee to appoint creditor's committee. Ref: BK Code Section 1102(a)(1) which provides that the United States trustee...
Archived
Is there an automatic stay of execution if tenant files bankruptcy after judgment
James's answer
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Answered on January 05, 2015
Yes. Automatic stay protects debtor against execution of writ of possession and enforcement of money judgment. You may petition BK court by...