How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 28156
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Real Estate Law Question Here...
Roger is online now
A new question is answered every 9 seconds

im currently in forelouse in california. a sale date has been

Resolved Question:

i'm currently in forelouse in california. a sale date has been set. the second is doing this, i have been seeking a loan modification with the first but, it turns out that the second is owned by five people, four have signed off, the fifth doesn't want to and would like me to stay in the property until its sold. do the four hav e the right to continue this trustee sale, i am told by the fifth owner that he has never signed paperwork awolling this and will not. ,
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Roger replied 3 years ago.

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.

 

Are the 5 owners individuals or are they members of a company?

Customer: replied 3 years ago.
they are individuals, also, the fifth owner who doesn't want to participate has offered to sell me his share(this happened this morning)
Expert:  Roger replied 3 years ago.
Ok. Well, that's where I was going with my answer if this was an individual. You can't stop the person from objecting and demanding that his interest be liquidated or that he be bought out. However, if you can buy him out and diffuse the situation with the lone hold out, you can get the deal done and benefit from the cooperative nature of the other holders of the note.
Customer: replied 3 years ago.
the fifth individual will not sign any agreement that forces a sale, can the sale go forward without his written approval, or can the other four force him to sell to them and can they take pocession of the property without him. i would only be interested in buying him out if that will definately stop all foreclouse proceeding against me.
Expert:  Roger replied 3 years ago.
Ok. Thanks.

The short answer is yes, the other 4 can continue with the foreclosure despite any objection from the fifth party. If the loan is in default, any interested owner can force this.

I would recommend that you try to resolve this with the other four - maybe with the help of the fifth person. If not, the only thing that would stop the foreclosure - temporarily - would be filing bankruptcy.
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 28156
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 6 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    5390
    17 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5390
    17 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    6607
    14 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry Esquire's Avatar

    Dimitry Esquire

    Attorney

    Satisfied Customers:

    5178
    JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4883
    I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4820
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    3073
    Qualified attorney in private practice including business, family, criminal, and real estate issues.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2574
    12+ yrs. of experience including real estate law.
 
 
 
Chat Now With A Real Estate Lawyer
Roger
Roger
Litigation Attorney
6050 Satisfied Customers
BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters