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I live in Santa Clara, CA and I won an unlawful detainer

I live in Santa Clara, CA and I won an unlawful detainer lawsuit yesterday. My attorney's office informed me that the Writ of Possession was obtained from the court and filed with the sheriff's office. They said the Date of Restoration was pending. Today, my neighbors informed me the tenant and two helpers were loading her possessions into a moving van. My question is this: Is it legal for me to re-enter my house before the Date of Restoration?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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I am one of five siblings whose parents died without a will.

I am one of five siblings whose parents died without a will. Four of us would like to sell the property. One who has been living in the property without paying any rentrnt wants to stay there and not sell. Can the four of us sell it without his consent?

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P. Simmons

Attorney

Doctoral Degree

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I am in a mess from a sale of house where the person I sold

I am in a mess from a sale of house where the person I sold the house to refuses to put her in her name

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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The 1st mortgage Bank mortgaged property when it was one

the 1st mortgage Bank mortgaged property when it was one parcel. Just got word that property can be listed for sale as two properties. One has house on it and one has barn on it. mortgage has climbed so high that even if if I sold both properties, I will have problems paying off junior mortgage holders. Can I do a short sale on house property and take the entire proceeds of the barn property to pay off junior liens? Or, if I did not satisfy the entire 1st mortgage balance, could I negotiate a percentage of the proceeds from the sale of the barn lot? The bank says I could sell the property for the lower of the two appraisals which is 740,000. The higher appraisal is 1,230,000. The mortgage is 1,250,000. The value of the house lot is 1,000,000 and the land lot is 500,000, or at least that's what it's listed for. Is bank going to re-appraise the property and demand to be paid all it's money? My argument is that I worked hard to make it 2 lots and I should not be denied the benefit. What do you think?

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Phillips Esq.

Attorney

Juris Doctor

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I purchased a property with a friend three years ago but as

I purchased a property with a friend three years ago but as soon as the purchase went through it has been a nightmare.I wasn't in agreement with the demolition for the projects he had in mind e.g. tearing down a wall that separated the living room and kitchen due to the concern it was load bearing. Also, removing the entire ceiling of one bedroom to install a skylight that never got installed. And that's just to name a few. My hesitations for these projects were based on it not being necessary and me having to repair the unfinished projects.I ultimately walked away with the verbal agreement that he would continue to pay the mortgage on time and would sell the property after one year and he would keep any proceeds of the sale. This decision was based on the advice of our real estate agent and loan officer because of the type of loan FHA.We are at the third year and he is not willing to sell and does not qualify to refinance on his own. He recently has been late with the payments which is affecting my credit.What legal remedies do I have to get this resolved.

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William B. Esq.

Attorney

Doctoral Degree

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I am the seller in a real estate contract. The closing date

I am the seller in a real estate contract. The closing date was supposed to be 25 July however, I have not been contacted by the title company or the buyer's agent therefore, we will not close on 25 July. Can I consider the contract void if we do not close by 11:59 PM on 25 July? Am I entitled to the earnest money? Can I cancel the contract and choose to rent the property?

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Loren

Juris Doctor

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My old landlord did not return my security deposit when I

My old landlord did not return my security deposit when I moved out. He cited a clause that was hand written on the last page of lease starting there would be a $25 per month annual increase. But the problem I have is that we verbally agreed to void that increase before the first year was over. My lease was for 3 years. Can he keep my deposit even though he didn't enforce the rent increase when year two began?The apartment I'm speaking of is in Nashua, NH.

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KimberlyLaw

Principal Attorney

Master's Degree

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An elderly gentleman has been an apartment (basement) in the

An elderly gentleman has been an apartment (basement) in the Bronx NY for 16 years in a private house. Apparently someone reported this to the NYC Inspection Office who arrive the other night and insisted they had the authority to access the apartment to inspect it. Well they did, and informed the gentleman that he must vacate the dwelling immediately. That it is illegal (a fact unknown to him these past 16 years) and now he has nowhere to do. RedJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: New York. Bronx County, NY. Does he have any recourse against this landlord?JA: Have you talked to a lawyer yet?Customer: Not yet, this just happened two nights ago. He has medical issues and a nursing service provides support to him along with a home health aide. I was hoping to get some suggestion of a direction to take this from you...JA: Anything else you think the lawyer should know?Customer: Just that this elderly man has a very limited income via SSDI, and has no funds accrued. I will likely have to assist him financially and we have to hire a packer & mover, because he has limited mobility. I would like for him to be able to recoup some funds from this Stinker Landlord who will like pull out the stove & fridge, have it reinspected, then renovate it and re-rent it for twice the current rent.

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P. Simmons

Attorney

Doctoral Degree

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I bought a house on a quit claim deed. Now I have learned

I bought a house on a quit claim deed. Now I have learned that they are not very good and I am concerned. I should have required a warranty deed. What should I do now to ensure that I have valid and actual solid ownership in the property?

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LawTalk

Attorney at Law

Juris Doctor

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31,522 satisfied customers
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