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Waiver of Homestead Exemption
Thank you.
Doesn't that essentially defeat all voluntarily liens. I need to check to see if security in the form of a deed of trust or other consensual lien was included with the contractual waiver.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: (818) 992-6588
Fax: (818) 992-6511
Email: ssoesq@aol.com
www.shaioved.com
________________
The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
Sent from my iPhone
> On Feb 2, 2017, at 1:32 PM, 'Gary R. Wallace' garyrwallace@ymail.com [cdcbaa] wrote:
>
> What about CCP 703.040?
>
> Gary R. Wallace
> Law Office of Gary R. Wallace
> 10801 National Boulevard, Suite 100
> Los Angeles, CA 90064
> Email: garyrwallace@ymail.com
> Office: (310) 571-3511
>
>
om>
> To: "cdcbaa@yahoogroups.com"
> Sent: Thursday, February 2, 2017 1:01 PM
> Subject: RE: [cdcbaa] Waiver of Homestead Exemption
>
>
> I misread the facts.
>
> It seems to me that if it were allowable, we would see a homestead waiver in every contract. Since it is not seen, one would expect that there is case law out there saying it cannot be waived.
>
> If you have any questions or concerns, please contact me.
>
> Pat
>
> Patrick T. Green
> Attorney at Law
> Fitzgerald & Green, Attorneys at Law
> 1010 E. Union St. Suite 206
> Pasadena, CA 91106
> Tel: (626) 449-8433
> Fax: (626) 449-0565
> pat@fitzgreenlaw.com
>
>
> Sent: Thursday, February 02, 2017 12:02 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Waiver of Homestead Exemption
>
>
> It is the debtor/contractor's bond company which contractually included the waiver language.
> Very truly yours,
> Shai Oved
> The Law Offices of Shai Oved
> 7445 Topanga Cyn. Blvd., Suite 220
> Canoga Park, California 91303
> Tel: (818) 992-6588
> Fax: (818) 992-6511
> Email: ssoesq@aol.com
> www.shaioved.com
> ________________
> The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
>
> Sent from my iPhone
>
> On Feb 2, 2017, at 11:52 AM, Patrick Green pat@fitzgreenlaw.com [cdcbaa] wrote:
>
> Shai:
>
> The contractor did not need to get a waiver because both the automatic homestead and the declared homestead to not cover mechanic's liens. See CCP e homestead.
>
> If you have any questions or concerns, please contact me.
> Pat
>
> Patrick T. Green
> Attorney at Law
> Fitzgerald & Green, Attorneys at Law
> 1010 E. Union St. Suite 206
> Pasadena, CA 91106
> Tel: (626) 449-8433
> Fax: (626) 449-0565
> pat@fitzgreenlaw.com
>
>
> Sent: Tuesday, January 31, 2017 9:17 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Waiver of Homestead Exemption
>
>
> Hi Group,
>
> Anyone ever faced with a Debtor contractually entering into an agreement to waive a homestead exemption? Is it enforceable? I accept that a voluntary mortgage/consensual lien would trump a claim of homestead but in my scenario, Debtor, a Contractor, signed a performance bond/indemnity agreement which essentially provides essentially that Debtor "waives ... all rights to claim any property, including their homestead as exempt from levy, execution, sale or other legal process under the laws of any State, Territory, or Possession [no reference is made to bankruptcy law]."
>
>
>
>
> Contract 2
>
>
>
>
>
> Very truly yours,
> Shai Oved
> The Law Offices of Shai Oved
> 7445 Topanga Cyn. Blvd., Suite 220
> Canoga Park, California 91303
> Tel: (818) 992-6588
> Fax: (818) 992-6511
> Email: ssoesq@aol.com
> www.shaioved.com
> ________________
> The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
>
>
>
Doesn't that essentially defeat all voluntarily liens. I need to check to see if security in the form of a deed of trust or other consensual lien was included with the contractual waiver. Very truly yours,Shai OvedThe Law Offices of Shai Oved7445 Topanga Cyn. Blvd., Suite 220Canoga Park, California 91303Tel:
The post was migrated from Yahoo.
It is the debtor/contractor's bond company which contractually included the waiver language.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: (818) 992-6588
Fax: (818) 992-6511
Email: ssoesq@aol.com
www.shaioved.com
________________
The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
Sent from my iPhone
> On Feb 2, 2017, at 11:52 AM, Patrick Green pat@fitzgreenlaw.com [cdcbaa] wrote:
>
> Shai:
>
>
>
> The contractor did not need to get a waiver because both the automatic homestead and the declared homestead to not cover mechanic's liens. See CCP e homestead.
>
>
>
> If you have any questions or concerns, please contact me.
>
>
> Pat
>
>
>
> Patrick T. Green
>
> Attorney at Law
>
> Fitzgerald & Green, Attorneys at Law
>
> 1010 E. Union St. Suite 206
>
> Pasadena, CA 91106
>
> Tel: (626) 449-8433
>
> Fax: (626) 449-0565
>
> pat@fitzgreenlaw.com
>
>
>
>
>
> Sent: Tuesday, January 31, 2017 9:17 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Waiver of Homestead Exemption
>
>
>
>
>
> Hi Group,
>
>
>
> Anyone ever faced with a Debtor contractually entering into an agreement to waive a homestead exemption? Is it enforceable? I accept that a voluntary mortgage/consensual lien would trump a claim of homestead but in my scenario, Debtor, a Contractor, signed a performance bond/indemnity agreement which essentially provides essentially that Debtor "waives ... all rights to claim any property, including their homestead as exempt from levy, execution, sale or other legal process under the laws of any State, Territory, or Possession [no reference is made to bankruptcy law]."
>
>
>
>
>
>
>
>
>
> Contract 2
>
>
>
>
>
>
>
>
>
>
>
> Very truly yours,
> Shai Oved
> The Law Offices of Shai Oved
> 7445 Topanga Cyn. Blvd., Suite 220
> Canoga Park, California 91303
> Tel: (818) 992-6588
> Fax: (818) 992-6511
> Email: ssoesq@aol.com
> www.shaioved.com
> ________________
> The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
>
>
>
The post was migrated from Yahoo.
Shai:
The contractor did not need to get a waiver because both the automatic homestead and the declared homestead to not cover mechanic's liens. See CCP omestead.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green, Attorneys at Law
1010 E. Union St. Suite 206
Pasadena, CA 91106
Tel: (626) 449-8433
Fax: (626) 449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
Hi Group,
Anyone ever faced with a Debtor contractually entering into an agreement to
waive a homestead exemption? Is it enforceable? I accept that a voluntary
mortgage/consensual lien would trump a claim of homestead but in my
scenario, Debtor, a Contractor, signed a performance bond/indemnity agreement wh
ich essentially provides essentially that Debtor "waives ... all rights to
claim any property, including their homestead as exempt from levy,
execution, sale or other legal process under the laws of any State, Territory, or
Possession [no reference is made to bankruptcy law]."
Contract 2
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
_Canoga Park, California 91303_ (x-apple-data-detectors://0/0)
Tel: _(818) 992-6588_ (tel:(818)%20992-6588)
Fax: _(818) 992-6511_ (tel:(818)%20992-6511)
Email: ssoesq@aol.com
_www.shaioved.com_ (http://www.shaioved.com/)
________________
The information contained in this email is intended only for the
individual or entity named above and may contain attorney privileged and
confidential information. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution, or copy of
this communication is strictly prohibited. If you received this
communication in error, please immediately notify us by the telephone number above
and return any hard copies to us via the postal service.. The Law Offices of
Shai Oved is a debt relief agency which helps people file for bankruptcy
under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist
by The State Bar of California Board of Legal Specialization.
Hi Group,
Anyone ever faced with a Debtor contractually entering into an agreement to
waive a homestead exemption? Is it enforceable? I accept that a voluntary
mortgage/consensual lien would trump a claim of homestead but in my scenario,
Debtor, a Contractor, signed a performance bond/indemnity
agreement which essentially provides essentially that Debtor "waives
... all rights to claim any property, including their homestead as exempt from
levy, execution, sale or other legal process under the laws of any State,
Territory, or Possession [no reference is made to bankruptcy law]."
Contract 2
Very truly
yours,Shai OvedThe Law Offices of Shai Oved7445 Topanga Cyn. Blvd.,
Suite 220 Canoga Park,
California 91303Tel: (818)
992-6588Fax: (818)
992-6511Email: ssoesq@aol.com www.shaioved.com________________The
information contained in this email is intended only for the individual orentity named above and may contain attorney privileged and confidential
information. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copy of this
communication is strictly prohibited. If you received this communication
in error, please immediately notify us by the telephone number above and return
any hard copies to us via the postal service.. The Law Offices of Shai Oved is a
debt relief agency which helps people file for bankruptcy under the Bankruptcy
Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State
Bar of California Board of Legal
Specialization.
The post was migrated from Yahoo.