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I hired a contractor who I loaned money for materials that he now refuses to pay back. Can I file a lien for repayment?
Sharonrose's answer
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Answered on November 12, 2014
It sounds like you made a personal unsecured loan to a contractor for him to buy materials for ar job (other than your own property). No lien...
Archived
CA res.
Neighbor claims flood damage my fault, their crawlspace flooded, their furnace heater dead. What's my liability?
Sharonrose's answer
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Answered on November 12, 2014
Absent an unforeeable intervening cause (such as a random act of vandalism by a third party), a property owner is liable for a condition on their...
I want to sell my house it has an illegally converted garage. Does my agent have to tell buyers?
Sharonrose's answer
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Answered on November 11, 2014
Sellers have to disclose all facts that materially affect the value and desireability of the property. This would include any illegal conditions on...
Archived
In partition actions, must all owners of the property be named as a plaintiff or a defendant? Land is in a general partnership.
Sharonrose's answer
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Answered on November 11, 2014
All persons/entitiles with an interest in the property should be named as a party in a partition action for sale of the property.
Archived
I hold a second trust deed, they have stopped paying. Thier house burned down in the 2008 witch creek fire.
Sharonrose's answer
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Answered on November 11, 2014
An insolvent debtor can file for bankruptcy protection, but your deed of trust if valid will remain an encumbrance against the property. If the...
Construction Contractor not returning the money for un-completed work
Sharonrose's answer
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Answered on November 11, 2014
The facts you describe are a crime as well as a licensing violation and breach of contract and fraud. If you report the contractor to the...
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Archived
Bank wants to charge interest on expiring construction loan principle that I've not borrowed yet. Can they do that legally?
Sharonrose's answer
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Answered on November 06, 2014
An attorney would need to review your loan documents to answer the question. It is unclear whether the bank has a contractual right to impose new...
Archived
Is a Tenancy in common agreement legal and binding in California? Can it supersede the Title?
Sharonrose's answer
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Answered on November 06, 2014
I would need more information as to why the attorney concluded only your uncle can be on title. All owners (tenants in common) ordinarily may hold...
Is it required "by law" to let a Construction Contractor try to fix his mistakes before going after his bond?
Sharonrose's answer
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Answered on November 06, 2014
To answer your question about whether the contractor has a right to fix his mistakes, an attorney would need to know whether this was new...
Archived
I signed a quit claim...
Sharonrose's answer
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Answered on November 05, 2014
An attorney would need more information to give you specific advice how to protect your interest in the second home. Ordinarily, when only one...
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