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Sean Sullivan Hanley

Sean Hanley’s Answers

55 total


  • If I have already been discharged from Bk (Ch7) and have not reinstated any mortgages, could I legally buy my own house back?

    The house has already been foreclosed and I can make a cash offer. Will I be obligated to pay any forgiven debts against that house? (It's in California).

    Sean’s Answer

    The other Attorney is right on - when did you receive your dicharge? Why do you have so much money post-Chapter 7?

    If you omit property from your bankruptcy papers, or you acquire certain kinds of property soon after you file, the trustee may reopen your case after your discharge (if the trustee learned about the property). Pleast note, whether to reopen the case is the trustee's decision, not yours. If the trustee learns of your acquisition (house), the trustee could ask the court to revoke your discharge.

    Procced with caution - you should definitely discuss this with your bankruptcy attorney.

    Hope this helps.

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  • Do I have any recourse when a debt was discharged in Chapter 7 Bankruptcy and one creditor is still reporting late pmnts.?

    My Chapter 7 Bankruptcy was discharged in December 2008. In January 2011 one of the creditors reported me late. This debt was included in the bankruptcy and the Creditor was notified. They originally reported the debt as discharged on my credit...

    Sean’s Answer

    As indicated by the other Attorneys, the FDCPA is federal law that prohibits certain kind of debt collection misconduct and there are remedies (which are quite limited to individual actions - one of the mian criticisms about the FDCPA and reason why there is a push for legislative change).

    Regardless of the rights afforded to you under the FDCPA, you should consider discussing this matter with an attorney. An Attorney representation letter to your crediotor explaining the issue and erroneous credot reporting may resolve the issue without further legal fees and costs. A full blown lawsuit against your creditor for an FDCPA violation will be costly and time consuming.

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  • Cut off dates to reinstate loan before Trustee Sale in California

    Our home is bound for a Trustee Sale in a California Court on Monday, August 8, 2011. We have been pursuing a modification with the lender, but it is not complete yet, they say it might take "another 7 days" from today, 7/28/11. On a parallel p...

    Sean’s Answer

    In addition to the law, which grants you the right to reinstate your loan 5 days before the auction sale date, there is nothing precluding you from notifying the lender of your intention to reinstate the loan, so if there is a day or two discrepancy, the lender may extend the sale date. It would also help to inform them of your changed financial circumstances and that you now have regular income, hence, making future mortgage payments on time should not be a problem.

    Lenders do not want to foreclose on your property as it is costly for them. They would prefer to keep you in the property.

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  • Cut off dates to reinstate loan before Trustee Sale in California

    Our home is bound for a Trustee Sale in a California Court on Monday, August 8, 2011. We have been pursuing a modification with the lender, but it is not complete yet, they say it might take "another 7 days" from today, 7/28/11. On a parallel p...

    Sean’s Answer

    In addition to the law, which grants you the right to reinstate your loan 5 days before the auction sale date, there is nothing precluding you from notifying the lender of your intention to reinstate the loan, so if there is a day or two discrepancy, the lender may extend the sale date. It would also help to inform them of your changed financial circumstances and that you now have regular income, hence, making future mortgage payments on time should not be a problem.

    Lenders do not want to foreclose on your property as it is costly for them. They would prefer to keep you in the property.

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  • I need an attorney to evict my tenant using false informations on application, false W2+ employment. HOW?

    A tenant has trick me into lending house using false W2+ employment the last 30 days. He has control of the house now, but don't live in the house and I have no way to track him down.

    Sean’s Answer

    You can start an unlawful detainer action to evict the tenant given that you only rented to the tenant based on false information.

    You should contact local counsel to start the eviction process - the sooner the better as evictions can take a good amount of time to process, not to mention the costs (filing fees, process server fees, potentially investigator if you are unable to locate tenant, etc. )

    Counsel can advise you of the quickest and most effective way to remove the tenant from the premises.

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  • Real estate property line encroachment, abandonment law

    Our neighbor pushed back the slope on their west side of front yard and installed a 9 foot retaining wall leaving about a foot of their property line next to ours. Leaving us to maintain it since 1998 when we all first moved into the development....

    Sean’s Answer

    This is definitely not a question that can be answered via a written post.

    California law in regards to boundary disputes is complex and technical. Please note, typically location of a fence does not control for boundary lines.

    There are too many variables to discuss in a written post forum such as this. You should discuss this matter with legal counsel as the law in this realm is complex and oftentimes, the best result is achieved through negotiation and settlement and/or some other form of alternative dispute resolution.

    I have posted some information regarding boundary disputes in my avvo legal guides for your review.

    Hope this helps.

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  • What will happen to my 2nd mortgage after 1st mortgage forclosure?

    I purchased my home for 400K march of 2005 with 80/20 loan. First mortgage was 320K - 2nd was 80k. The first was an interest only loand for two years. After that, i could no longer afford my home - long story short, I lost my home 3/08. I reci...

    Sean’s Answer

    The other Attorneys are right on point in that you are still personally liable for the second mortgage; however, as noted, there is a good possibility they may never come after you for the deficient balance.

    You certainly don't want to "re-age" the debt if the SOL (4 years for written contracts in CA) is nearing an end in the future, whereby by prescribed statutory law, you will no longer be liable for the debt.

    There are also potential tax issues should your 2nd write off the debt and not pursue you (I.e "forgiveness of debt income"). Was this your primary residence?

    You should consult legal advice regarding your potential future liability and how best to proceed in this matter.

    Bankruptcy is an option to discharge your liability for the second loan;however, as noted, you may not need to file Bankruptcy at all and doing so could potentially be premature given the rest of your factual circumstances.

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  • Kern county parking public and private property

    We have neighbors who are doing their best to be as much of a nuisance as they can be,the first question: how much of a side walk needs to be on each side of a drive way before one is issued a ticket for "blocking the sidewalk" when parked half in...

    Sean’s Answer

    Your questions are definitely "locale" and fact specific.

    Matters such as boundary line disputes and other grievances between neighbors cannot be adequately addressed in a simple written response.

    Contact local counsel to best address this concern legally and practically.

    Hope this helps.

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  • Can i be towed if i parked in guess parking

    My landlord has been tring everything to force me to move. She has now told me that i cant park in guess parking, however they do not have enough spaces to go around. and the street curbs are red. Can she legally have me towed.

    Sean’s Answer

    You need to review your lease regarding "parking." Is parking something that was guaranteed to you as tenant of the premises?

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  • What is the soonest I can get him out? Can he change the locks without giving us a key?

    I rent out rooms but rental agreements are signed by my parents who own the property. As manager of the house is it not correct that I must have a key and access to every room in the house? I specifically told a roommate of approx. one week that h...

    Sean’s Answer

    If he has been renting for longer than a year, then you are required to give him 60 days notice.

    As a practical matter, I typically advise parties (as do judges) to try to settle these type of matters reasonably and amicably before pursuing any legal means to avoid future time, cost, stress, etc...

    If he is unreasonable, then you can always hire an attorney and proceed with an Unlawful Detainer action. Talk to local counsel about the quickest type of notice that can be filed/served should you proceed with a UD action to evict the tenant.

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