
Ken asks…
Real estate law. The rent I’m paying, isn’t being used to pay the mortgage?
I’m in California. The owners of this rental i’m in haven’t paid the mortgage for 6 months. Notice of default was filed on 7/19/07. They were given 90 days to get current or sell. Or the house goes on the auction block Oct 18th. Why are they entitled to any more rent? If legally I have to continue paying rent. The law needs to be changed.
What is going to happen after the sale? When can I expect to be kicked out?
admin answers:
In general the lease will be wipe out at foreclosure,
Once the first note forecloses all notes, liens, leases that encumbrance the property and are junior to the first note are wipe out, few exceptions for federal tax, state tax, local tax and local utilities stay with the land and are not wipe out
so better start to save for a new place, but their is always the chance who ever buys the place may want a renter

Thomas asks…
Can 6 years old credit card judgement be collected by lawyers and how?
I have a credit card default judgment of $5000 from another county in California that I used to live in. I was not serve and did not know about it until now, since I moved away 6 years ago. Now they must have sold the judgement to a law firm or collection law firm. The law firm sent collection letter and notice plus interest into $10,000 they trying to collect. They also changing the name of creditor of the original judgement into their name. It was not on credit report for the past years because the debt is 8 years ago. Should I ignore them or negotiate? What are my option? Please Help and no short answer…
admin answers:
California Statutes of Limitation
Written agreements: 4 years, calculated from the date of breach.
Oral agreements: 2 years.
The statute of limitation is stopped only if the debtor makes a payment on the account after the expiration of the applicable limitations period. Open account or unwritten contract: 5 years. NOTE: Except, as provided in 810 5/2- 725 (UCC), actions based on a written contract must be filed within 10 years, but if a payment or new written promise to pay is in made during the 10 year period, then the action may be commenced within 10 years after the date of the payment or promise to pay

Donald asks…
California Ticket Violation Statute of Limitations?
Just found out today through a credit monitoring service of a collection by Santa Clara County, California for a Steady Red Circular Signal ticket dated April, 1997. The claims were a result of a September, 2007 (yes, over 10 years later) court appearance/judgment totaling $450. I spoke to the Department of Revenue Ticket Department and they had an old NY address. I moved out of the State of NY 9 years ago to the State of CT. To the best of my knowledge, I do not recall any notices 10 years ago to my NY address. So, a serious of questions pertaining to this case:
What are the Statute of Limitations for a 10+ year old ticket relative to a judgment date?
Do tickets have a default court date on the actual ticket itself that automatically satisfy Statute of Limitations and allow the case/violation to remain open?
I was not given notice of the 2007 court date so can that judgment stand?
If I take the County to court to remove the judgment and clear my credit report, must they appear in the State that I reside or must this matter be addressed in a California court?
Are there consumer protection laws for the State of CT that provide for such protection?
Do you have any case law where Counties have been held for damages to credit reports (presuming, of course, the collection was not conducted legally)? If so, what are the typical damage calculations?
I did a bit of homework on this issue and it appears that California Penal Code 1382 governs this issue from a statute of limitations perspective. Any other reference to penal code or case law would be appreciated.
Any other comments or feedback are appreciated. Many thanks!
admin answers:
It looks to me that a red light camera ticket was issued, and that you did not get it. As a result you were convicted and fined. There is no issue of statute of limitations which would require that the charge be filed within a year–it was. There is no Pen C 1382 issue, which limits the time within which you have to be brought to trial after a not guilty plea.
You probably could get this judgment set aside for lack of actual notice, but a 10-year-old ticket is not going to have any effect on you. You would have to take care of it in California, meaning you would either have to return or hire a CA attorney, both of which would cost more than the judgment itself. Bottom line: yes, you got screwed, but pay the judgment and be done with it. Then have a letter placed in your credit files explaining that this was a judgment from an action taken without notice.

Sandy asks…
I dropped automotive school after 2 monrths in 1987 and I ‘ m just being charged with loan default in 2007.?
I lived in Oakland, California from 1975 to 12/1994. I worked several jobs which paid me enough money to have paid this easily. Inever recieved a bill or notice in all those years. I notified the school that I was not returning and was promised information which I never recieved. After all that time I can’t even name the school.
admin answers:
“Who” is charging you? Thats what will matter.
If it is a collection agency, they have no authority what so ever, just throw it in the trash.
If its from Sallie Mae, or the gov’t, you might want to have someone look at it.

Joseph asks…
How long does an eviction take in California? I was scammed and subleased under a guy who is being evicted?
I just moved into this apartment on July 1st and signed a sublease agreement with the guy whose name is on the lease. It is a rent controlled apartment and he did not want to lose the lease while he takes another apartment elsewhere.
Yesterday I got a court eviction notice addressed to the guy on the lease. He is nowhere to be found. Turns out he did not pay rent for June OR July, meaning he took the July rent money I gave him and pocketed it!!!! I explained the situation to the managers and they shrugged and said I could move out and apply for the same apartment myself, but that the eviction notice still stands. It is a 3 day notice from the courts, he either has to answer the lawsuit in 3 days or a default eviction will go through. No one can get ahold of him, basically this guy has skipped town and no one know if/when he’ll be back. I don’t think I’ll be able to find another place in 3 days, and I don’t know where to put my belongings. How long do these things usually take?
Thanks Ranger, I highly doubt I will ever ever sublease again. This was my first time trying it and likely my last. The citation only gives 3 days to respond, so I’m assuming by Wednesday the sherriff will be knocking at my door?
admin answers:
On the day after that 3 day notice expires the landlord files the default, but he can only file m-f. Those are held until the next day, to make sure it is in all of the needed data bases. That is then given to the sheriff you executes it (clears at the property) in 5 days, but they do not clear anyone out on Sunday, so maybe 6.
Since you got the notice yesterday the default will be issued Thursday, the writ Friday and the sheriff will carry it out next Wednesday.
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