California Foreclosures Legal Questions

You will have to file a probate proceeding in the Superior Court. I assume your mother wasn't married at the time of her death? If not, then the court would award all of your mother's assets to her children in equal shares. You can then record the court's judgment, which transfers ownership to you and your siblings (if any). You might be able to file the probate case yourself with the help of a book and/or paralegal. It would be best to first meet with a probate specialist attorney and learn as much as you can even if you don't hire him/her. Most lawyers will provide free initial consultations. But even if you have to pay for a half hour of advice, it will be well worth it.... Read Answer

There should be no responsibilities. But instead of just walking away, I urge you to try to negotiate a "cash for keys" deal with the lender. Many banks are willing to pay moving expenses or other cash settlements in exchange for the borrower signing a deed for the property to the bank. This saves the bank the time and expense of foreclosure and eviction.... Read Answer

I don't understand your question. The statute of limitations for what? The statute of limitations limits the time within which you can file a lawsuit. It is usually one to four years depending on the nature of the claim (e.g., personal injury, breach of contract) And does it start from what point? What default are you talking about? Judicial foreclosure? What does this have to do with a short sale?... Read Answer

This involves issues of law and public policy that are evolving every day. In Nevada, the statutes seem to say that a foreclosure by a HOA wipes out other liens, including mortgages. Some lawyers are taking that position. Some courts have recently ruled that even though the statues seem to say that, they won?t enforce them. You could hire a good real estate lawyer to file a quiet title action against the mortgage holder.... Read Answer

First, instead of just "walking away," you should try negotiating a cash-for-keys deal with the first mortgage lender. In order to save the costs of foreclosure and eviction, many banks will pay relocation costs. I have heard of deals for as much as $10,000. If the second mortgage is not paid off, the lender can sue for the deficiency. It's possible the lender might decide not to if it determines that you have no assets to satisfy a judgment. But the lender can get the judgment and then hope you will some day acquire enough assets to go after. The judgment would be good for ten years and can be renewed indefinitely.... Read Answer

If your father and his 16 year companion were in a common law marriage state, she may be entitled to a spouse's share. If not in a common law state, she is probably entitled to nothing. You should get some legal help, even if by hiring a lawyer to represent you in exchange for a portion of what the lawyer can get for you, or through a legal aid society. Or, you could file a motion with the court for guidance.... Read Answer

The new home itself will not be affected. However, the foreclosure will adversely affect your credit score, which may affect your relationship with the lender on the new home. If the old home is under water and there is no hope of saving it, you should contact the lender and negotiate a "cash for keys" deal. Lenders are usually willing to pay a few thousand dollars in exchange for the borrower signing over the property because it saves the time and cost of foreclosure.... Read Answer

Unlikely, but possible. In New Jersey the only way that could happen is if the New Jersey house went into foreclosure, went to sheriff sale and then the lender filed a deficiency action, obtains a judgment, then transfers the judgment to your new State, and, If your new State allows out of State judgments to be recorded against real property.... Read Answer