Archived
My lis pendens was released by my ex-husband because I needed to do a refi, can he refile the lis penden again?
David's answer
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Answered on March 26, 2013
I'll answer the last portion of your question. "Releasing" a lis pendens is generally a voluntary action by the person who recorded it. An...
Archived
Can my HOA fine me for a violation when the CC&Rs state that enforcement is the responsibility of the city?
David's answer
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Answered on March 26, 2013
Your CC&Rs should have a provision for alternative dispute resolution. Review the provision, if you do not understand it, consult with an...
Archived
Can a person concrete over a dirt non exclusive easement and then forbid others from using their driveway
David's answer
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Answered on March 26, 2013
Probably not. But, you need to consult with an experienced real estate attorney, who will need to review the underlying language that created the...
Archived
I received an " U.D." I am moving out in 6 days. If I don't file an answer I will be in default and ordered to pay what damages
David's answer
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Answered on March 25, 2013
To be on the safe side, you should answer, and allege retaliatory eviction as an affirmative defense. I would also check with an attorney...
Archived
Does California have an interlocutory judgment for partition of property?
David's answer
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Answered on March 25, 2013
If there is a divorce or dissolution action going on, this is best asked in that venue. However, if there are several owners, (not just husband...
Archived
My family owns two apartment rentals in the San Diego area, clear and free with no mortgage. I hear lately fraud where someone
David's answer
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Answered on March 21, 2013
You could simply check the Recorder's website on a weekly or monthly basis to see if this "worst case scenario" actually takes place. If your...
Archived
Lot sold at a lien sale. new owner sells. Owner tries to turn on water and there is back payments. Who is responsible.
David's answer
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Answered on March 21, 2013
The responsibility for an unpaid utility bill may be subject to the contract's provisions. Have an attorney review the contract and the title...
Archived
Already paid off the loan of my house to BOA & received a copy of "Substitution of Trustee & Full Reconveyance" from LA County.
David's answer
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Answered on March 20, 2013
The document you received should reference the recording date of your deed of trust (the loan or mortgage). The document you received,now...
Archived
My mother recently passed away, leaving me as POD on all of her bank accounts. does this include her safe deposit box?
David's answer
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Answered on March 20, 2013
The easiest way to answer this question is to go to the bank and ask to have access to the safe deposit box. If the bank says yes, no problems. ...
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Archived
Notary admits she loaned her journal to obtain fingerprint. How does this affect the notarization?
David's answer
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Answered on March 19, 2013
I agree with my colleagues. Get thee to an attorney immediately! Preferably one who is well versed not only in probate/trust litigation, but also...
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