Archived
Can anyone tell me for sure if a lender can pursue a deficiency in California for a home sold as as a short sale? Thank you.
Kevin's answer
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Answered on April 26, 2010
Ultimately, it will depend on the terms of the short sale agreement with both of the lenders. Typically, as part of the short sale process, the...
Archived
Entry of default
Kevin's answer
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Answered on April 26, 2010
Do you have an attorney? If so, you should be discussing these matters with him/her.
That said, there are several issues to consider here. ...
What if my mortgage was transferred to a new loan servicer, and they didn't file a new deed of trust?
Kevin's answer
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Answered on April 26, 2010
A loan servicer is not a lender, and technically, they do not own your loan. A loan servicer has the right to collect payments, modify a loan...
Archived
How many times can you extend the date of the opening statement on a criminal appeal?
Kevin's answer
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Answered on April 26, 2010
If a party needs to seek an extension to file a brief, and one has been granted, they will likely need to file a motion with the Court of Appeal...
Archived
Do I need a note to sue?
Kevin's answer
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Answered on April 26, 2010
Without knowing more of the issues involved, it is difficult to say what the proper course is. What government agency are you referring to? If at...
Archived
How many times can a defendent not sign a stipulation to let a Judge Pro Tem hear a case against failure to pay child support?
Kevin's answer
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Answered on April 25, 2010
There is no requirement that a party allow a judge pro tem to hear a case or a motion. If it happens again, you (or your attorney) should speak...
Archived
Fence encroachment
Kevin's answer
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Answered on April 25, 2010
You should definitely follow up with the neighbor regarding a resolution. As for your liability, it depends on the nature of the injury and...
Archived
What steps do I take to change the name on deed from my parents to my name?
Kevin's answer
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Answered on April 25, 2010
There are many different ways to change title, but ultimately, it depends on why you are changing the name on the deed. Did your parents pass away...
Archived
After Trustee's Sale, occupant claimed to be a tenant but does not respond to request to prove his tenancy
Kevin's answer
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Answered on April 25, 2010
If the occupant is not paying rent, then your best bet would be to file an unlawful detainer action to have him/her removed from the...
Archived
An investor who owns a condo in Calif doing a short sale. Only 1 loan a cash-out refi. Can Bank purse a deficiency judgement?
Kevin's answer
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Answered on April 24, 2010
Generally, a lender with a first mortgage will not pursue a deficiency judgment on a short sale because they are accepting the short sale as a...
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