Archived
Our mort servicer foreclosed on us, stated that our loan fraud occurred during origination. What can we do?
Richard's answer
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Answered on March 30, 2011
Your biggest problem, probably insurmountable, in suing for fraud is the Statute of Limitations, 3 years from the date of the injury - close of...
Archived
We have purchased property in foreclosure but the prior owner will not vacate. What is the legal process to get him to leave?
Richard's answer
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Answered on March 30, 2011
The good news is that you only have to give the hold-over owner a 3-day notice to vacate, instead of the 90 notice if they were tenants before the...
Archived
If I file an ex parte writ of attachment along with my complaint, how do I obtain a writ of attachment hearing date?
Richard's answer
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Answered on March 30, 2011
Also, you should include your declaration of facts that warrant an ex parte hearing, such as imminent danger that the thing to be attached is at...
Archived
How do i settle a 2nd heloc mortage without defaulting on it?
Richard's answer
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Answered on March 30, 2011
How did the 2nd loan - the HELOC - become unsecured? I doubt that has happened. Merely restructuring the first loan doesn't reconvey the junior...
In California, can a landlord lockout a holdover commercial tenant
Richard's answer
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Answered on March 30, 2011
Self help methods, like lockouts, are unlawful. The landlord must follow legal procedures starting with serving a proper Notice to...
Archived
How do i put a mortgage in my name after my husbands death.
Richard's answer
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Answered on March 30, 2011
If you and your husband were on title as joint tenants, or as community property with right of survivorship, you are now the 100% owner by...
Archived
What is the proper procedure for filing an application for Writ of Attachment?
Richard's answer
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Answered on March 30, 2011
I agree that pre-judgment writs of attachment can be a bit tricky, and judges will be sticklers on details. One other point here: You can/should...
Archived
Leased a house that wasn't disclosed it was already in short sale
Richard's answer
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Answered on March 30, 2011
The landlord failed to disclose a material fact that you could not have reasonably discovered on your own. Had you known this fact you would not...
Archived
Is there a legal obligation to inform the tenants of pending foreclosure?
Richard's answer
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Answered on March 30, 2011
There is no statute requiring disclosure, however, the common law regarding fraud and breach of the implied covenant of good faith and fair...
Archived
What is the tax effects of an LLC? Should I make election for the LLC to be treated as an S corporation?
Richard's answer
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Answered on March 30, 2011
For tax purposes, LLCs are usually treated as partnerships. The net profits or losses are passed through to the members in proportion to their...
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