Archived
Does my husband have a right to proceeds from a house even if his not on title.
Shaun's answer
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Answered on June 12, 2013
There aren't enough facts to answer your question. When your parents "let you move in" was the arrangement that you would make the mortgage...
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Who are the heir of the Trustor?
Shaun's answer
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Answered on June 11, 2013
The Trust Declaration and any amendments need to be reviewed by an attorney. Your Dad's family tree (including deceased relatives) will have to be...
Archived
Can I sue a relative for collecting my debt that was secured by a deed to the real property
Shaun's answer
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Answered on June 11, 2013
If there is no equity in the property it is likely that the bankruptcy trustee will abandon it. You should be certain that the amount of the...
Archived
I am purchasing a property located in Illinois. He lives in California, and I live in California. Is is legal and binding to
Shaun's answer
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Answered on June 07, 2013
As long as there are no issues relating to the title to or possession of the property, I see no reason why other issues relating to the investment...
Archived
Will title insurance and a survey work? I am inheriting 25% of undeveloped real estate. The boundaries are in question.
Shaun's answer
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Answered on June 07, 2013
The survey will locate the legal boundaries of your parcel. They may or may not conform to evidence of the boundaries existing on the ground. It...
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Archived
What is a summary of a city government's lower legal liability vs that of a private organization?
Shaun's answer
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Answered on June 06, 2013
California Government Code section 815 provide that public entities are immune from liability except as provided by statute. In order for a...
Can a seller back out of escrow?
Shaun's answer
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Answered on June 06, 2013
It may be easier to rent back than to deal with the consequences of the Seller breaching the purchase agreement. If you do agree to rent back, the...
Is there a time limit on collecting on a promissory note that has been extended year by year beyond the due date?
Shaun's answer
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Answered on June 06, 2013
You should have the promissory note reviewed by an attorney to determine whether there are statute of limitation issues. Each of you as a trustee...
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Archived
Can a 2nd mortgage be foreclosed on if 1st is current? Both loans are with the same bank. Last payment on 2nd over 4 years ago.
Shaun's answer
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Answered on June 06, 2013
Yes, the Bank can foreclose on their second deed of trust. It might be a good idea to contact them to see if they will modify the loan to give you...
Archived
We purchased a home & the previous owner did not disclose info. & the home inspector did not do a proper job.Do we have a case?
Shaun's answer
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Answered on June 05, 2013
You certainly have claims against the Seller for non-disclosure. The real estate professionals are required to conduct a reasonably diligent...
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