Will a “quiet title action”clear a HELOC lien from 2005 on my primary residence that a title co. cannot find the owner of?
David's answer
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Answered on April 08, 2021
No, no it won't. HELOCs can slumber for years until the current owner realizes they have an ability to actually get paid (due to property values...
If you already have a buyer under contract, can a creditor get a lien and force the sale of your property to someone else?
David's answer
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Answered on April 08, 2021
You are asking about valuable real property and have given very few facts. I am reluctant to say what "probably" is the right answer because of...
Archived
How can the bank continue with an eviction when the bank has transferred the property to a new corporation?
David's answer
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Answered on April 08, 2021
A basic element of any eviction case is that party trying to evict must prove they have duly perfected title (or are the agent of one who does). ...
Can someone be punished for withdrawing money from a deceased persons bank account?
David's answer
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Answered on April 06, 2021
You should retain an attorney immediately and go over everything in detail. There are potential steps you can take, but you should consult with an...
Archived
Had anyone ever have a situation where they filed a MOTION A but the judge changed it to a MOTION B and ruled on the latter??
David's answer
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Answered on April 06, 2021
I moved this to "litigation" since you are discussing a trial court motion. It is not uncommon for a judge to construe a motion as a different...
Does the lender profit from selling the house as an REO?
David's answer
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Answered on April 04, 2021
The answer "generally" is yes. But as counsel suggested, you should consult with a lawyer to find out if your case is different, and what your...
Archived
Having a lis pendes expunged
David's answer
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Answered on April 04, 2021
Yes, no time like the present, especially if you meritorious grounds to expunge it. If you don't, you might not want to force the issue, due to...
Can we sue for misappropriation of funds along with a "joint tenants in common" partition?
David's answer
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Answered on April 04, 2021
Yes, although that might increase the animosity level and resistance level you get in a partition action. Figure out what the sum is, and discuss...
Archived
Why does the judge ask the officer about my attitude or behavior? Shouldn't judges be impartial?
David's answer
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Answered on March 01, 2021
Judges have a lot of discretion as to fines and penalties and if you are in front of the judge, asking for a break, but have not been cooperative...
Archived
Do I have to pay rent to the co owner of the home if it is my primary residence and I am paying the mortgaged and all expenses?
David's answer
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Answered on March 01, 2021
I guess it depends on what kind of an agreement you have. It sounds strange that you would pay the mortgage and then pay rent to the other owner. ...
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