California Real Estate Legal Questions

No! Cutting off the electricity is like changing the locks. It is a constructive eviction. You don't have any right to evict the owner's tenant. The tenant could sue you for a lot of money, and probably win. Your CC&Rs provide for holding a hearing to assess penalties for failing to pay. Your CC&Rs might provide for a late payment charge. If not, do it as a penalty assessment after a hearing. Your annual reports to members are supposed to include a policy on how the Board will enforce assessments. Follow it. If the delinquent member fails to pay PG&E bills and late payment penalty assessments, then have a lawyer record a lien on the property and send the delinquent member a copy of the bill so he knows that has been added to the lien and assessments. Then have the lawyer start foreclosure on the unit. The attorney fees get added to what gets paid to you from the foreclosure sale. If you're the only bidder, then hire a good broker to sell the unit. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Or even better, hire me to collect the PG&E reimbursements and some penalty assessments. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More

You need to sit down with a family law attorney or a real estate attorney and figure out your best course of action. I have more questions than answers. First, I would want to read this "Consent of Spouse." Who is the "Guarantor?" If your ex owns the home, then he is the Borrower. The only person left is you. Why should you guaranty his loan? Why should HIS loan for HIS house where you DON'T live be a community obligation? That says that your interest in any community property could be used to pay the loan. None of that makes sense, because home loans in California are non-recourse. The lender's sole remedy is to take the hosue. It cannot go after other property. The lender CAN go after property of a guarantor. I would want to make sure you were no inadvertently and unexpectedly becoming his guarantor. Second, I would want to know more about your divorce. There might be other facts and strategies in this divorce which might suggest cooperating. Maybe the Consent of Spouse could be corrected. Maybe the lender would accept a fresh updated Interspousal Transfer Deed or Quitclaim Deed acknowledging that you have no claim to the house. As part of those negotiations, you should be compensated for cooperating. Are there any other assets in dispute which he could let you have? Are there any of you possessions which he has not returned to you? Is he late with any spousal support or child support payments? Maybe he should give up those issues and turn over what you are entitled to in exchange for your cooperation. You have no obligation to sign anything for your separated husband regarding his separate property, unless you have a prenuptial agreement. Then it depends on whether this transaction is covered by some section of the prenuptial agreement, and even then, you only are required to do what's called for in the agreement. I doubt it covers what the lender is asking for. The lender is asking for way too much. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More

Are you in a city with a rent control law? If so, that law controls the amount of rent increases. Except for rent control, and unless your lease includes options to extend and states how rent for such extensions will be determined, then the landlord can charge whatever he wants. There is no law requiring a landlord to charge the same rent for identical, simiilar or comparable units. Many landlords now determine rent by checking comparable rents at the time the apartment becomes available. As a result, every tenant in the building can be paying a different rent, even for identical apartments. If you have a lease, you might try asking the landlord to lower your rent to the same rent as the new tenants, because you think it is unfair for you to be paying a higher rent than the new people.  The landlord might point out that for many years, until he started raising your rent, you were enjoying the lowest rent in the building. When you ask, act like a victim and plead and request. Don't try to bully the landlord. If he gets mad, the next time your lease expires, he can refuse to renew and force you to leave, no matter what the rent. Even 10 years gives you know special rights and especially no right to stay past the expiration of your lease. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More

Do you have a written agreement with the other borrower which allows you to force the sale of the property, force the other borrower to buy you out, or refinance? If so, the terms of that agreement control. If not, do you own an interest in the property which shows on the official county real estate records? If so, then you have the right to petition the court to "partition" the property. In cases involving acreage, partition means divide up the property among the owners, In teh case of a single family home or condominium, it means selling the property and divinding up the net proceeds. If you are not shown on the recorded title (i.e. your name as grantee on a deed), then did you contribute any portion of the purchase price, other than signing as a co-borrower on the loan? If in addition to being a co-borrower, you contributed to the purchase price, you stil have a chance at claiming you are a "beneficial" owner and still entitled to partition the property. Even if you did not contribute anything to the purchase except the loan, you still might have a chance at partition. Such a threat or filing such a lawsuit might be enough to persuade the other borrower to either refinance or sell, in order to avoid the expense, effort and risk of a partition lawsuit. The sale price in such cases is usually well below the true market value. Mediation might help. That's a process where a trained and experienced mediator attempts to negotiate and broker a mutual agreement by both sides, so that they can avoid a lawsuit. It requires that both sides be willing to compromise. The mediator does not decide who will win or lose. He just brokers an agreement. If the sides don't compromise, there'll be no settlement. The current lender will not release you without cooperation from the other borrower. The lender will want assurances that the remaining borrower has enough income to pay the loan, with enough left over to pay ordinary living expenses. If the other borrower will not cooperati by providing his or her financial information, the lender has nothing to review in order to decide. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor.  We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More

Regardless of the legal issues and rights, why would you want to get involved in a community that is about to get so crazy? I have no idea how much installing an elevator might cost. They will be building a free-standing 4 story concrete building attached to the existing building. 8 x $20,000 is $160,000. That's not likely to cover even the cost of plans and permits. This would have to be a really special place to live and a really bargain basement price to be worth even considering. No, the COOP and the owners have no legal responsiblity for building an elevator to accomodate someone with a mobility limitation. This is a private residence, not a public business. However, the fact that the COOP board is considering going along with this construction project raises questions about what other pet projects teh COOP board might become interested in making the members pay for. Reinforcing the roof or some other deck to accomodate a hot tub? A doorman to enhance security and assist residents in and out of the building? Most condo and coop boards are frugal, sometimes too frugal. That's usually a good thing. They're taking spending other people's money seriously. Is this board? Unless this place is really special and you're getting a really great price, I would run, not walk, away. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More

Perfectly timing ending the lease of your apartment and moving into your new home is almost impossible and rarely successful. Buyers end up paying for both properties for at least a week or two. By moving into a hotel with a nightly rent substantially higher than your apartment, you made a bet that you could accomplish such timing, and lost. There's nothing you can do about this before the loan is signed and funded and the close of escrow is completed. If you threaten to sue or demand compensation, the lender will either freeze, cancel your loan application completely, or demand a release of all such claims as a condition to doing anything else. Instead, be nice, cooperate, and then demand compensation for the delay AFTER the deal is completed. You can sue for up to $10,000.00 in small claims court. You have a better than 50-50 chance of winning, but only barely. It will be a close call, but without attorneys involved, you won't invest anything but your time in preparing the case and appearing at trial. No attorneys are allowed in small claims court. Congratulations on becoming a homeowner, ... soon. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More

It depends on what it says in your CC&Rs. They are the constitution of your community. The HOA Board cannot do anything that is not allowed by the CC&Rs. If it is allowed, then the courts give the HOA Board very wide latitude  and discretion in choosing how to apply the CC&Rs and make decisions. Judges will assume that the HOA Board knows better than the judge can, about the details, intricacies and complexities of the HOA and its property. I have written and reviewed a lot of CC&Rs. I would be surprised if your community's CC&Rs did not allow the HOA Board to swap out all the doors, and i would be just as surprised if making the individual owners pay for it were not allowed. Whether the HOA pays for it and then raises everyone's dues to make up the expenditure in order to keep the reserve fund fully funded, or collects the cost of replacing the doors by a special assessment, either way, you're going to pay your share. Don't refuse to pay. If you want to contest the charge, do it via your HOA's Internal Dispute Resolution procedure or by third party mediation to get your money back. If you don't pay, the association can impose fines, late charges and penalty interest, turn collection over to an attorney and add the attorney's fees and expenses to what you owe, and sell your condo at a foreclosure sale and evict you, all over the cost of a $500.00 door. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More

Yes, I can prepare a contract and help you through the process for a lot less than a broker would charge the seller for a commission. If there were a broker, he or she would prepare all the paperwork, and the sellers would pay the entire commission. Customarily, if the buyers hire and attorney, they pay their attorneys' fees themselves. Since you are probably saving the sellers $50,000 or more in brokers' commissions, maybe the sellers can be persuaded to reimburse you for attorneys fees at the close of escrow, maybe with a cap of $5000.00 or $10,000.00. I can probably write the contract for $1500.00 or less. Then there may be changes by the sellers, reviewing the Transfer Disclosure statement, the Hazards Disclosure report, the title report, the termite report, and any other disclosures, and advising you on the meaning and consequences of the information and what do do about it. You might also need a little help dealing with your lender and issues arising at the close of escrow. Brokers usually handle all of this for sellers and buyers, but if neither side is paying a commission, I'll be less expensive. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More

If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack   The HOA Board's powers are as broad and as limited as provided in the CC&Rs. They are the constitution of your community. If the CC&Rs say no pets, or no cats, or no dogs, or no more than one cat or dog, or no more than some specified number of pounds of dogs, then you, the HOA Board and all the other residents are stuck with that rule. If the CC&Rs are silent, then the HOA Board can adopt any rules it wants, as long as they are fair and reasonable. The new rules apply to everyone, even people who had a dog or other pet before the rules were enacted or changed. So a person with a pet can be required to get rid of it. Service dogs are protected, of course. The CC&Rs have no impact on service animals.  ... Read More

Your HOA has an Internal Dispute Resolution procedure. If the CC&Rs, Bylaws, or Rules don't include a provision for such a procedure which complies with Civil Code §5910 of the Davis-Stirling Act, then the procedure set out in §5915 applies, whether the HOA likes it or not. If you send the HOA a letter with all the information required by §5915, then the HOA has not choice. It MUST participate and appoint someone to discuss the issue with you. All you might find out from this process might be why your HOA is ignoring the problem, but at least you'll have an answer. If that doesn't work, you might try mediation. That's where an independent and neutral third party attempts to negotiate a compromise and settlement between the two sides. Since you're all neighbors, this process is a lot less damaging to your relationship as neighbors than an arbitration or lawsuit. I hope you won't get that far. If the HOA ignores your letter requesting Internal Dispute Resolution or mediation, maybe a letter from me on law firm letterhead will get their attention. Such a letter always includes the implied threat of a lawsuit, even in none is stated in the letter. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More

No. As long as you have the keys, you are in possession of the rented space. The owner cannot rent it to anyone else, because there is nothing to prevent you from letting yourself it. Returning the keys is how you demonstrate that you are returning possession of the rented space to the owner. That means that until you return the keys, you owe rent. Many leases provide for a higher holdover rent after the term expires. If you deliver notice to the landlord that you have vacated and surrendered the space, but don't give him the keys, then he is going to have to change the locks and deduct that expense from your deposit or bill you for it. If you don't pay, he might not bother to sue you, but he might report the unpaid bill to the credit reporting agencies. In addition to the impact on your credit score and ability to borrow, some landlords won't rent to someone who has a bad credit report, and even some employers are influenced by credit reports. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

First, check your purchase and sale agreement (PSA). About 2/3 into it there may be a section requiring that you ask for and participate in mediation before starting a lawsuit or arbitration. If the other side agrees to mediation, I urge you to take an experienced real estate attorney with you. There are several complicated legal issues involved in your claim and in calculating your damages and the costs and risks of litigation. Without an attorney, someone might persuade you to settle for too little by telling you that your costs and risks of going to trial are higher than they really are. Next, check the PSA for an arbitration provision and an attorney fee clause. A lawsuit will take over a year to complete, unless it settles earlier, but many lawsuits don't settle until right before trial. Arbitration could take as little as 3-6 months. As a result, arbitration is likely to be cheaper. If there is an attorney fee clause, that can be used as a strong incentive for the other side to settle. If they make you take the case all the way to trial or arbitration, the attorney fees are likely to be more than the damages. Many cases settle in order to avoid the risk of attorney fees. On the other hand, waiving attorney fees is often one of the first concessions by the plaintiff in order to settle the case. Don't try to do this without a lawyer. It is complicated and difficult work even for attorneys. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More

No, not unless special steps are taken to cure any damage already done to your credit report. If a lawsuit was filed, it will stay on your credit report, unless the landlord sends all three credit reporting agencies letters explaining that the lawsuit was the result of a misunderstanding, and that you were not late or otherwise delinquent with the rent. Even if a lawsuit was not filed, then if the landlord reported a late or missed payment to any of the three credit reporting agencies, it will stay on your credit report unless you do the same thing, get the landlord sends all three credit reporting agencies letters explaining that the lawsuit was the result of a misunderstanding, and that you were not late or otherwise delinquent with the rent. You have the right to send your own letter to the three credit reporting agencies, and they are required to keep it on file. I don't know whether that will do anything to correct or restore your credit score. In the mediation, you can ask that this be included as a requirement of the landlord in the written settlement agreement. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More

If you would like me to review the letter and suggest what you should do, please email it to me at ds@sackrosendin.com or fax it to me at 510-286-8887. Is the neighbor complaining about footsteps, music, television, or something else? Is this a condominium or an apartment? Are you an  owner or a renter? Is the neighbor an owner or a renter? Have you recently installed a wooden floor or vinyl floor? If it is a condominium and you recently installed a wooden floor, did you get the prior written approval of the HOA? Did you install sound insulation under the floor? Lots of information and legal issues to talk about. Dana Sack  ... Read More

In California, deposits must be refunded. Option payments and liquidated damages do not need to be refunded. You need to carefully review your contract to see which "flavor" of earnest money you have in your contract. As a general rule, the deposit is not worth fighting over, unless you have actually lost money for some reason, such as a severe drop in the market. Right now, in most Bay Area markets, prices are going up. So your next buyer is probably going to pay you more. If the buyers made a hole in the wall or floor in order to inspect for dry rot, then you can require them to repair the hole and restore the wall or floor to the same condition it was in before they made the hole. If someone stepped on the floor or pressed on the wall, to check whether it was firm, and it was so badly rotten that the person's foot or hand went through, that's not their fault. If the hole is the buyers' fault, then you can refuse to authorize release of the deposit until they either repair the hole or agree on an amount that will be paid to you from the deposit to repair the hole. You cannot require the buyer to pay for repairing the dry rot. You now have the obligation to affirmatively disclose the dry rot to anyone who offers to buy the property. If your home is not being marketed as a fixer-upper, then your broker might recommend repairing the dry rot before sellling, in order to get the best price. This is not the responsibility of your former buyer. If you had not disclosed the dry rot and faulty AC, then those are valid grounds for the buyer to cancel the contract. Most contracts include an inspection contingency. If that contingency had not been satisfied or waived, then the buyer could cancel the contract. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack      ... Read More

The answer to your question will depend on what is written in the CC&Rs, the condominium plan, the legal description on the deed the first time your unit was sold, the resolutions approving the repairs, the notice sent to owners, the location of the specific repairs for which you were billed, and what those repairs were. I have attended board meetings and even served on a board and as its president. Not all boards are careful and serious about their work and decisions, but most are. I have almost always been impressed by the consideration HOA boards give to the interests of both the individual owners and all of the owners together. With that in mind, unless you have one of the other boards, your's probably agonized over the decision of whether to bill individual owners for extra work and how much to bill them. The board probably discussed the issue with a professional management company and maybe even a condo lawyer. While it is possible that they are wrong, it is unlikely. Even if you still think they are wrong, you should pay the bill AND exercise your rights to dispute the amount. Your CC&Rs should have a dispute mechanism for the board to appoint someone to listen to your claim and discuss it with you. If that doesn't work, the CC&Rs should also provide for mediation by a third party to try to negotiate a mutually acceptable compromise. After that, if there still is no agreement, many CC&Rs provide for private arbitration or court appointment of a referree to decide the dispute, rather than going to court. You must go through the processes in the CC&Rs before going to court. If you don't pay the bill, the HOA can impose late fees, fines, and penalty interest. It can hire an attorney to enforce all the unpaid charges, including selling your condo unit at a public auction to pay off what is owed, and add all of the attorney fees and expenses to what you owe. This is likely to cost a lot more than $4000.00. In a recent appellate decision, the Court of Appeal reduced the attorney fees and expenses a homeowner had to reimburse to his HOA, from over $1.2 million to over $730,000. Don't NOT pay the bill from the HOA. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Since such a trust is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

You don't need a lawyer. I have done this for myself, my family and for foreigners who don't speak or read English. It is not hard. The forms are available on the State Controller's website. Just google "California unclaimed property," and follow the instructions. It takes about 6 months. The office is very detail oriented. Follow the instructions very carefully and completely. Don't leave out anything the forms and instructions ask for. If they send your application back, you will start a whole new 6 month wait. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

The measure of damages for failure to disclose a material defect is the difference between what you paid for the property and what a willing buyer and a willing seller who both knew about the problem would have paid and accepted on the same closing date. In the pro-sellers' market that existed in August 2014, it seems unlikely that the seller would have agreed to any reduction of the price because of a break-in. My house was broken into once. I never thought of that as having reduced the value of the home. Same with the two times a car was stolen from out front. The Supreme Court has held that a property owner cannot recover damages for "stigma." That arose in a case where the condominium owners were able to prove that the value of their homes had gone down because of construction defects, even though the defects had been fully repaired and the repairs paid for. You would not be able to collect damages for the "stigma" of there having been a break-in. In the first line above, I said "material defect." In my personal opinion, a break-in is not a material defect. Another attorney might disagree, but I think that you are unlikely to collect anything from the seller or either of the brokers for this, even as a nuisance settlement. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More

I have never seen one, but I have read that some reverse mortgages that when the owner either sells the house or moves out permanently, for any reason, the loan becomes due and the lender gets the greater of all amounts the lender has advanced on the loan plus interest, or what the lender advanced plus a percentage of the value of the house in excess of the loan. I have read the such percentage shares can run from 25%-40% and often are 1/3. If your loan were the percentage share type, that might explain the high current payoff amount. The lender might also have paid delinquent property taxes or current property taxes and insurance premiums, adding to the loan balance and the interest. Some reverse mortgages include a credit line to allow the owner to borrow more money and add it to the loan. Some reverse mortgages provide for monthly payments to the owner, for living expenses. Such additional payments by the lender might explain the high payoff amount. Carefully read the promissory note, the loan agreement, if there is one, and all the statements. The answer should be in that paperwork. If you would like to email it to me to review, I expect it will not take me more than an hour, including emailing you what I find out. We charge $300.00 per hour. You can mail me a check for $300.00 and include a copy of the check with the loan documents you email me. You can probably do this yourself. Dana Sack ds@sackrosendin.com 510-286-2200... Read More

Please do NOT transfer the house to any of the chldren before your mother dies. When a person dies, the tax basis of the house, used in computing any capital gains tax, is stepped-up to either the value at her date of death or the value 6 months later, your choice. If she makes a gift of the house or any portion of it while alive, the person she gives it to gets the same tax basis she had when she made the gift. If she owned the home a long time, the basis might be very low compared with today's values.   Probate takes forever, is expensive, and is annoying. The answer is to transfer the home to a revocable living trust. Revocable means she can change it or even cancel it at any time before she dies or becomes incompetent. She can add more beneficiaries and delete any beneficiaries she decides not to make gifts to. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Dana Sack  ... Read More

Mr. Albuquerque, You need to consult with an attorney in Quebec. The Canadian law is different in some respects from American law, and Quebec law may even be different regarding some issues than the law of the other provinces. Real estate law, in particular, could be different. Regarding this particular issue, California law is different even from most of the other American states. Here in California, I would defend against any claim by the landlord for unpaid rent on the theory or "unconscionability." Most American states recognize the defense that a provision of a contract can be so unfair that the court will refuse to enforce it. Here in California, the case law is very will developed on this issue. The clause must be both procedurally unconscionable and substantively unconscionable. Procedural unconscionability is about how the clause got into the contract. Sometimes it is a surprise. Sometimes the provision is not a surprise, but applying it to the specific fact situation or in a surprising way, qualifies. Sometimes, there is no opportunity to negotiate, like with the contract on the back of a ticket for a parking lot. Substantive unconscionability is just what it sounds like. Something so unfair that the court should be unwilling to enforce it. The more procedurally unfair, the less substantively unfair the clause needs to be in order for a court to refuse to enforce it. The more substantively unconscionable the clause is, the less procedurally unfair it needs to be. But that's in California. Automatic renewal provisions are usually a surprise and almost always unfair. Also, the landlord has a duty to mitigate its damages by re-leasing the apartment as soon as it can for as much as it can. You are only liable for the rent the landlord proves it could not have avoided losing by renting the apartment faster or for more money. I don't know about Quebec, but here rents are going up. The landlord would have no damages. That's another defense. Good luck. Dana Sack    ... Read More

You paid the deposit and first partial-month's rent exactly as the owner instructed you to. So you are legally entitled to a credit by the owner. The owner is responsible for his agent's mistakes. So it doesn't matter which of them made the mistake. The owner and his agent need to get the money back from the former tenant. What are you going to do if the owner refuses to give you the keys and let you move in? You can offer that you will contact the former tenant and even sue the former tenant, if the landlord or his agent will provide you with the former tenant's new contact information. If you don't have the cash to pay the deposit and first partial-month's rent, tell them. As long as you pay the rent when due and promise to turn over the deposit and first partial-month's rent when you get it, that would seem the fair thing to do. If the owner refuses to let you move in, if the rent for the substitute premises you rent is more expensive, then the owner will be liable to you for the difference for the duration of the condo lease. You can sue the owner for that difference plus the money that went to his former tenant, plus your filing fee and the fee of the registered process server who delivers the lawsuit to the defendant. If the difference plus the money paid to the former tenant is $10,000.00 or less, you can sue in small claims court. Does your lease have an attorneys fees clause? If so, a tenant's rights attorney might be willing to sue the owner for specific performance of the condo lease and agree to collect his fee from the owner when he wins. There are attorneys on the internet and in the old-fashioned Yellow Pages who advertise that they represent tenants. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack      ... Read More

That will depend on how the separation is structured. There are probably other contracts, relations, and tax issues, which are more important to deciding how to structure the separation, than any title insurance policies. You should be able to get an endorsement from the title insurance company confirming that the title insurance remains in effect in favor of whichever company is designated to hold the property. The title company should do this for free. Don't rely on an oral statement over the phone or an email. You need something from the title company with a signature on it. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

I just finished a trial against an HOA involving the Business Judgment Doctrine. It gives the HOA Board very broad discretion when it makes decisions. Judges will not substitute their own choices for the Board's. In many cases, the Board is going to be represented by an attorney appointed and paid for by your HOA's insurance. You will be paying your attorney by the hour, and the HOA Board will be getting it's defense for free. The attorney fees are likely to be high, for two reasons. First, the insurance company's attorney works for less per hour, both because the insurance company gives them lots of work and pays regularly, and because the insurance company lets them run up the bill because it knows that the HOA almost always wins and can obtain reimbursement for its attorney from you. And that's the second reason. The insurance company and its attorney know that they are going to win and get you to reimburse them. In almost all cases, in any lawsuit with an HOA, the prevailing party is entitled to reimbursment from the non-prevailing party. If you don't pay, the HOA can sell your condo to recover the fees. Unless you have an extraordinarily solid case, don't sue your HOA. If your HOA Board is as bad as you suggest, you need to get your neighbors together to vote in a new slate of Board members who will do a better job for you. Hire a really good condominium management company and a good HOA lawyer to show you how to do it all correctly. I recommend my best friend Glenn Youngling in San Rafael 415-454-1090. He has been doing this for 30 years, and has a great staff who keep the cost of all the compliance reasonable.   If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

Read whatever agreements you have signed. That is what controls. If the first lender refused to make the loan, and you have a signed written agreement with a licensed real estate agent or loan broker to find you a loan, and the agreement provides that you will pay for all required fees, and you have no right to cancel and not accept a loan the broker finds that meets your requirements for the loan, then you may be liable for the second appraisal and you may be liable for the broker's commission if you cancel, even if you don't get a loan. It is common for parties to such loan brokerage agreements to not include enough terms in the agreement for it to be enforceable. If you want to get out of the agreement, you should have a real estate attorney review the agreement to look for loopholes. Dana Sack 510-286-2200... Read More