Skip to main content
Douglas Charles Michie
Avvo
Pro

Douglas Michie’s Answers

396 total


  • Fraud on foreclosure paperwork which filed in county? Who is the culprit/responsible here? The bank or the foreclosure law firm?

    In an attempted foreclosure, the foreclosure law firm forged few documents and it was caught by homeowner and the matter is in federal court. The alleged forged documents were created and filed by the foreclosure law firm which was hired by the ba...

    Douglas’s Answer

    It may be difficult to "prove" the foreclosure firm was robosigning documents. however, if you can establish a pattern of this abuse on other foreclosures, then the bank would be hard pressed to deny that it had any knowledge that this was going on. To ensure no statutes of limitation pass while you investigate this, you might consider including both in the action.

    See question 
  • Is a quit claim deed in exchange for assuming the full mortgage loan (via refinance) sufficient to ensure full legal ownership?

    I currently have joint tenancy on a single family home with an individual who no longer wants to be involved with the investment. We verbally agreed that full ownership of the property should go to me in exchange for my assuming full responsibilit...

    Douglas’s Answer

    Your plan is legal. The quitclaim can be accomplished in the refi escrow.
    You are purchasing the 1/2 interest through quitclaim, so the 1/2 interest will be reassessed.

    See question 
  • Backyard fence is shared with 2 others fence is in need of replacement . By law are they required to share the cost?

    The backyard fence is leaning, separated , and has dry rotted. The other 2 yards are on a slope from mine and there's no retaining wall . I've notified the other neighbors to let them know and sent copies of my estimates. But have not heard anythi...

    Douglas’s Answer

    Why don't you be neighborly and knock on their door? Get out of your house and communicate with them.

    There is no legal requirement that a neighbor must pay for 1/2 the fence on the boundary line. so hopefully the will agree to do so.

    See question 
  • Do I still need to send them a renewal offer if lease is expiring even though their unlawful detainer paperwork was submitted?

    Sent UD paperwork to attorney yesterday but their lease is up 7/31/2016. They've been here over a year and the increase will be more than 10% which requires 60 days notice. Do I send them their renewal offer today contingent on them satisfying t...

    Douglas’s Answer

    It sounds as if they did not pay rent and you served a 3 day Pay or Quit. At the end of the 3 days, their right to occupy is terminated as they did not pay up.

    You do not need to sent the renewal. And why would you? Who needs tenants that won't pay their rent.

    See question 
  • What does this mean?

    "Hearing Re: osc re: dismissal of any party not at issue" This verbiage appears on our minute order in an adverse possession case. We'd asked to serve heirs and devises by publication (on Craigslist) and the application was denied. Had a 5/25 ...

    Douglas’s Answer

    This means that you must either serve the remaining defendants or dismiss all the defendants who have not been served. Otherwise you will get sanctioned for delaying the case.

    In the meantime, you can enter the default of any served defendant that has not filed a timely response.

    See question 
  • Can I reclaim money that my now deceased husband gave to someone, just before he died? My husband died 9/2013

    We were married until my husband died. We separated when he was became ill, his decision. We kept our funds together until the very end. He had connected with one gal in particular and he was living with her at the end. He gave her power of at...

    Douglas’s Answer

    I had a similar case. I filed a spousal petition to have the money returned to the community property estate. I think you should do likewise. But waste no time, the problem may be ion collecting if the funds are all spent.

    See question 
  • What Can I do? How do I find the actual will drawn up after so many years?

    Grandmother had will and testament drawn up by a now deceased attorney-Benjamin Lewis. Grandson lived with her on her property. He went to prison. Grandmother had permanent restraining order against stepson (?) stepson filed a qiuck writ ( forged ...

    Douglas’s Answer

    Unfortunately, there is no depository for wills & trusts. That means you have to hope that he sold or transferred his business, including copies of will, to an attorney taking over his practice. I would start in his last office address. You can also get the state bar to see if they have ant knowledge: http://www.calbar.ca.gov/

    I think you should hire an attorney to assist on pursuing this fraud. Based on your question, I'm sure one would help on a contingency fee.

    See question 
  • Is a legacy trust that bequeaths assets to only male heirs illegal in California?

    My great great grandfather's trust states that only the male beneficiaries shall receive principal and assets and the female beneficiaries shall receive interest so long as my grandfather (the beneficiary) is alive. Upon Grandpa's death, the princ...

    Douglas’s Answer

    Anyone can leave their property to whomever they like. No law requires that there cannot be unequal beneficiaries. If the trust assets are substantial, you can likely get an attorney to represent you on a contingency.

    See question 
  • What are the principal ways that one can retain the low Prop 13 tax basis of a home when transferring it through an estate?

    I'm interested in the variety of ways that one could retain the low Prop 13 tax basis, and also the following one in particular: If a house in an estate is placed on the market (e.g. MLS) to establish value and then one of the child heirs of ...

    Douglas’s Answer

    There is a parent to child exemption for real estate passing to a child from a parent. This might be able to be fitted into that scenario if the transaction is properly crafted. To get the reassessment exemption, a claim form must be filed with the county recorder.

    See question 
  • What's my liability for having access to Trust financials as a remainder beneficiary?

    My mother was a Trustee of my living grandfather's trust for 10 years and his deceased mother's trust. The two trusts together and separate have a number of assets including a real estate holding company (a C Corporaiton). My grandfather has advan...

    Douglas’s Answer

    I hav e never heard of a need to destroy documents, and I certainly would not do it. was your uncle named in the Trusts as Successor Trustee? If not, your could petition to become trustee. In any case, a contingent beneficiary has limited rights, and generally not to the financials.

    See question