Archived
If home sellers have signed & notarized a deed, but the deed has a small error, should the sellers sign a new, corrected deed?
Anthony's answer
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Answered on December 31, 2014
A new deed should be prepared and notarized. The erroneous deed should be destroyed. The county recorder will not accept a deed that has been...
Can I sue my ex spouse for credit rating damage?
Anthony's answer
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Answered on December 31, 2014
No. You signed a promissory note with a third party. You have not mentioned allocation of the underlying debt in your family law judgment, and...
In California, what are the elements of wrongful foreclosure?
Anthony's answer
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Answered on December 31, 2014
There is published appellate case - Munger v. Moore (1st Dist. 1970) 11 Cal.App.3d 1- which discusses damages for wrongful foreclosure. In that...
Archived
Unlawful Detainer - Wrong Party?
Anthony's answer
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Answered on December 31, 2014
I'm confused. Are you saying that you were never served with the 3 day pay or quit notice? And are you saying that your last name is misspelled? ...
Archived
I was served an unlawful detainer lawsuit in Los Angeles county for Dec rent. I'm fighting it. Do I pay Jan rent like normal?
Anthony's answer
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Answered on December 31, 2014
You can offer to pay, but the landlord is not going to accept it. Acceptance would be a waiver of the notice and cause the unlawful detainer to...
Can a sibling contest the ownership of the home that a parent has quit claimed, after that parent passes away?
Anthony's answer
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Answered on December 31, 2014
Theoretically, your sister would have to file a quiet title action on behalf of your mother's estate. She would have to show that the deed from...
Archived
Who actually ends up with the funds from an FHA mortgage insurance claim?
Anthony's answer
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Answered on December 31, 2014
FHA mortgage insurance is for the lender, not the borrower. Who gets the funds depends on the pooling agreement.
Does CA Law supersede a residential Lease terms? Can terms be enforced when against Codes?
Anthony's answer
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Answered on December 31, 2014
I respectfully disagree with Mr. Chen. California law only supersedes contract terms when the contract terms violate public policy. Otherwise,...
What are the requirements to prove the defense of "self-defense"??
Anthony's answer
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Answered on December 31, 2014
The jury instruction for non-homicide self defense is at the following link:
https://www.justia.com/criminal/docs/calcrim/3400/3470.html
It...
Archived
Never received 3 day notice posted to our door. We received a copy of the 3 day notice in the mail. How is the 3 days calculat
Anthony's answer
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Answered on December 31, 2014
The service is complete when it is mailed. When you use the term postmarked, however, it is not clear whether you are referring to the date that...
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