Archived
Is their a deadline or recession period to File Litigation vs bank after foreclosure TS to 3rd party.
Sat, 3 day was posted
Richard's answer
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Answered on April 16, 2013
Unfortunately for you, if the Trustee's sale was regularly conducted and not in violation of any valid court order of which the bank or Trustee was...
Archived
The seller of the house that I am buying is trying to back out of the sale. What actions can I take?
Richard's answer
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Answered on April 16, 2013
You need to see a real estate attorney right away. If she/he canot quicly resolve the problem with the seller's attorney, your attorney will need...
What kind of document do I need to use to transfer my house,a ''Quitclaim'' or a ''Bargain and Sale deed'' in a divorce process?
Richard's answer
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Answered on April 01, 2013
A quitclaim deed is all you need. The B&S Deed is used to warranty to the purchaser that you have the right to convey title but gives no warranty...
Archived
Can the mortgagee receive equity from his home if sold in foreclosure for more than was owed on the mortgage, plus legal fees?
Richard's answer
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Answered on April 01, 2013
No. If there were other bidders at auction and the sale price exceeded the first lender's minimum bid plus costs, the trustee shall distribute the...
Archived
What are my rights as a notice of trustee's sale is filed against me
Richard's answer
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Answered on March 15, 2013
If the equity mortgage lender forecloses by trustee sale, they have elected their remedy and cannot later file any lawsuit against you for any...
Archived
Prior to death my father told me that his name was to stay on deeds and such and that ment was to become mine same name dod 5/84
Richard's answer
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Answered on March 13, 2013
It is not clear how you are on title with your father. If you are as joint tenants, then as a matter of law, you became the sole owner at the death...
I received a copy of a "Substitution of Trustee and full Reconveyance" filed this year. Do I need a real estate attorney?
Richard's answer
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Answered on March 13, 2013
Agreed as above. MERS is an acronym for Mortgage Electronic Recording System, which is a company that acts as the nominee for the beneficiary, and...
Archived
Add My Name to Property Ownership
Richard's answer
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Answered on March 13, 2013
Agreed as above, and the transfer should be a gift top be exempt from transfer taxes and reassessment.
Richard A. Rodgers, Esq.
(805)...
Archived
My home was foreclosed on in 2009 (non-judicial). I am now being pursued for the 2nd mortgage (from cash out refi in 2005).
Richard's answer
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Answered on March 11, 2013
Under Family Code 910, the community estate you now have with your husband, if any, is liable for your premarital debt. However, under Fam. Code...
Where can I find a template for preliminary injunction to stop foreclosure sale based on failure to notice heirs, fraud?
Richard's answer
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Answered on March 11, 2013
You need to see a probate attorney, right away. At the time of filing the petition to open probate, your attorney can also go in to court ex parte...
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