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My neighbor claimed that the roots of a long-growing tree were upending his patio, then he killed the tree. What can I do?
Richard's answer
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Answered on December 01, 2012
If you have evidence (witnesses, photos, admissions) that the neighbor actuallly cut the tree roots, which was the proximate casue of the tree...
Mortgage broker negligently handled my loan causing financial damages. Can I sue him for damages? Do I need to hire an attorney?
Richard's answer
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Answered on December 01, 2012
It sounds like your mortgage broker was negligent, but in order to have a valid cause of action, you will have to show that the broker's negligence...
Archived
If a HOA forecloses on a condo for assessments of $20000, is the tax basis $20000? Thank you.
Richard's answer
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Answered on November 16, 2012
If HOA forecloses and the owner does not redeem, the HOA acquired the property for $20,000 subject to the $420,000 loan. If the HOA later sells it...
Archived
How do I legally transfer my CA rental property into land trust & have the land trust make a single-member LLC the beneficiary?
Richard's answer
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Answered on November 16, 2012
A de jure, adequately capitalized (i.e., insurance) LLC in good standing is a separate legal entity, and absent fraud or other intentional tort...
Archived
Modified my 1st loan & have a 2nd equity for 46,000 over the property. Can i qualify for statue of limitations or bancrupcy?
Richard's answer
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Answered on November 15, 2012
The S/L only protects you against a judgment in the event the 1st forecloses, wipes out the 2nd, and it has been more than four years since you...
My contractor just sent notice of a mechanics lien for a job he finished 22 months ago.
Richard's answer
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Answered on November 14, 2012
if the ML was stale at the time it was recorded, the contractor is liable for slander of title and the court can award your attorney fees if you...
Archived
Signed 5 year lease for my restaurant in August 2010 based on incorrect info provided by landlord. What is my recourse?
Richard's answer
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Answered on November 14, 2012
You need to take your lease agreement to a real estate attorney and discuss the facts. You may have a claim for fraud (misrepresentation), breach...
Archived
This question is in regard to removing x spouse from a mortgage that was modified and she did not sign
Richard's answer
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Answered on November 14, 2012
You say you finally got the loan modification. Good. Doesn't really matter to you if she is still on the mortgage. Now, the main question here is...
Archived
Some of my ex wifes mail came to my address from a co. i do business with, i opened it by mistake and it incriminates her?
Richard's answer
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Answered on November 14, 2012
The bigger question is: What is the source of the CD? Community earnings?
Richard A. Rodgers, Esq.
SHANE, DiGIUSEPPE & RODGERS LLP
200 N....
Selected as the best answer
Archived
On top of mountain our neighbor sold the property in escrow, they took our property built fence, how can I File claim in court?
Richard's answer
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Answered on November 14, 2012
Time is of the essence here and it is fleeting. A continuous and open encroachment and use of your land for 5 years gives rise to a prescriptive...
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