Questions answered by Jorge I. Hernandez

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Question #1: Can I remove my name from the current home if its in the process of a modify. Question #2: How likely is it for l

Jorge's answer | Answered on April 17, 2010

This is strange. Lender typically modify the NOTE, not the deed of trust. If they modified the deed of trust, it could cause them to lose their...

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What is the best way to protect 2.5 acres we own clear when we are going through a foreclosure on a home? Separate or sell 2 kid

Jorge's answer | Answered on April 17, 2010

You need to give more details on the loans and the property in foreclosure in order to get an accurate answer. California statutes prevent lenders...

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My husband wants to be removed from the deed of trust. Is that possible with a mortgage existing on the property?

Jorge's answer | Answered on April 17, 2010

This question is confusing. In California, we do not generally have mortgages, we have deeds of trust instead. So if the loan is only in your...

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What are my rights regarding a pre-existing gate on easement im holder of, property has new owners. I want the gate to stay.

Jorge's answer | Answered on April 17, 2010

EASEMENT DISPUTES CAN BE INCREDIBLY EXPENSIVE - THIS IS GENERAL INFORMATION ONLY AND BY NO MEANS IS IT TO BE CONSIDERED ADVICE IN YOUR...

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Do we need to personally pay the lenders for their legal costs in a foreclosure?

Jorge's answer | Answered on April 11, 2010

If you are sure they are non-recourse loans, then they cannot collect a "deficiency". Non-recourse means they can only take the property and are...

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Do I need a real estate attorney?

Jorge's answer | Answered on April 11, 2010

This sounds fishy and likely a violation of recent changes to retainer fee laws. Attorneys cannot accept retainers on foreclosure avoidance...

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Is this transaction usurious? What actions can I take against the lendee?

Jorge's answer | Answered on April 04, 2010

Well, not so fast on the usurious part. "In transactions for the purchase of goods or services which are not for personal, family or household...

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What do you actually sign when executing a deed in lieu?

Jorge's answer | Answered on April 04, 2010

This is a common hurdle. If the lender knows you are not making the payments and have therefore sacrificed your credit rating, then they should...

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Will my foreclosure affect my husbands assets/credit?

Jorge's answer | Answered on April 04, 2010

I agree with the previous comments. Only adding that your husband may have a problem obtaining financing because lenders generally want to see...

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CALIFORNIA ONLY Tax Q: IRS regs seem to protect someone who gets a foreclosure on their home. What about CA? tax code question.

Jorge's answer | Answered on March 10, 2010

Sorry, I am not going to provide cites, it would be too close to providing legal advice, which as we all know is not what this form is intended to...

Jorge I. Hernandez's Answers (85)

Question #1: Can I remove my name from the current home if its in the process of a modify. Question #2: How likely is it for l

What is the best way to protect 2.5 acres we own clear when we are going through a foreclosure on a home? Separate or sell 2 kid

My husband wants to be removed from the deed of trust. Is that possible with a mortgage existing on the property?

What are my rights regarding a pre-existing gate on easement im holder of, property has new owners. I want the gate to stay.

Do we need to personally pay the lenders for their legal costs in a foreclosure?

Do I need a real estate attorney?

Is this transaction usurious? What actions can I take against the lendee?

What do you actually sign when executing a deed in lieu?

Will my foreclosure affect my husbands assets/credit?

CALIFORNIA ONLY Tax Q: IRS regs seem to protect someone who gets a foreclosure on their home. What about CA? tax code question.