Questions answered by Joshua Andrew Smisko

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I'm looking for an attorney with writs and appeals experience to review a case.

Joshua's answer | Answered on April 26, 2013

I do work with and have referred other people to a great attorney/firm that handles appeals. If you contact me directly I can provide their info. ...

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I'd like to purchase an REO as my primary residence but it has a tenant with a lease until 2014. What are tenant's rights?

Joshua's answer | Answered on April 24, 2013

Normally if you purchase a foreclosed property with tenants and you wish to live there, you can give them a 90 day notice to vacate. This...

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My former landlord won a small claims judgement but is now seeking additional money for the same damages.

Joshua's answer | Answered on April 24, 2013

No, he cannot sue you again for the same action that he already received a judgment against you on, just because his costs rose slightly.

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I am purchasing an REO with a tenant who has a lease until 2014. Can I evict the tenant since I want to live in the property?

Joshua's answer | Answered on April 24, 2013

Yes, you must give them a 90 day Notice.

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What to do about a landlord/agent who scheduled & advertised an open house before notifying us that the property is for sale?

Joshua's answer | Answered on April 24, 2013

You would need to review the terms of your lease. The landlord usually retains some right to show the property if it is for sale. If the LL is...

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2nd Mortgage Transfer of Servicer --- does DEBT VALIDATION apply under FDCPA?

Joshua's answer | Answered on April 23, 2013

A lender could charge off your loan for a variety of reasons but continue to list it as unpaid on a credit report. Your question is unclear...

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Bank offering a modification on property, 3rd owner not willing to support a fair and equitable solution.

Joshua's answer | Answered on April 22, 2013

If she is on the note, you would need to negotiate a buyout of her interest and then need the bank to be willing to offer you the modification and...

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Us bank has violation from the independent forclosure review, can I pursue to sue the bank for emotional distress,

Joshua's answer | Answered on April 22, 2013

While emotional distress would most likely not be your best option, you may have some legitimate claims against one or more parties. You should...

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I bought my home in 1992 and was not told about a HOA. Several years later I was contacted by Creekside Senior Home Association

Joshua's answer | Answered on April 22, 2013

Your question is not clear but I would agree with my colleague that you usually are on notice of an HOA based on what is disclosed in the sale and...

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Is compliance with UCC required in foreclosure in California

Joshua's answer | Answered on April 15, 2013

I agree with my colleagues, in CA the lender does not have to produce the note to foreclose. If you wish to stop the foreclosure, contact a lawyer...

Joshua Andrew Smisko's Answers (195)

I'm looking for an attorney with writs and appeals experience to review a case.

I'd like to purchase an REO as my primary residence but it has a tenant with a lease until 2014. What are tenant's rights?

My former landlord won a small claims judgement but is now seeking additional money for the same damages.

I am purchasing an REO with a tenant who has a lease until 2014. Can I evict the tenant since I want to live in the property?

What to do about a landlord/agent who scheduled & advertised an open house before notifying us that the property is for sale?

2nd Mortgage Transfer of Servicer --- does DEBT VALIDATION apply under FDCPA?

Bank offering a modification on property, 3rd owner not willing to support a fair and equitable solution.

Us bank has violation from the independent forclosure review, can I pursue to sue the bank for emotional distress,

I bought my home in 1992 and was not told about a HOA. Several years later I was contacted by Creekside Senior Home Association

Is compliance with UCC required in foreclosure in California