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Stopping Trustee Sale For Home In Probate
Link:
I got an injunction under Probate Code 9391 in LASC case No. KP012730 Got
the sale postponed for a year while we got title transferred to
beneficiaries and worked out loan modification.....then went into
bankruptcy.... and three years later..... I was no longer the attorney but
the debtor was still there!
Check it out.
Renay
On Tue, Sep 18, 2012 at 2:02 PM, Link W. Schrader wrote:
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>
>
> A deed is in the name of a prospective debtors deceased parents. The
> prospective debtor is an heir to his parents estate. It seems a bk would
> stop the sale if the debtor has any interest in the property, but what
> might be needed to convince the trustee/lender? Anything special?****
>
> ** **
>
> Thank you,****
>
> ** **
>
> *Link Schrader, Attorney*
>
> Law Office of Link W. Schrader****
>
> Mail: P.O. Box 3723, Tustin, CA 92781****
>
> Office: 106 W. 4th Street, Suite #308, Santa Ana, CA 92701****
>
> Office: (714) 542-5922; Mobile/Text: (310) 413-6924****
>
> San Diego: (619) 952-8342; Fax: (310) 878-4158****
>
> www.schrader-law.com****
>
>
> ______________________________________________________________________________________________________
> ****
>
> *This communication and any files transmitted with it contain information
> which is confidential and may be privileged and exempt from disclosure
> under applicable law. It is intended solely for the use of the individual
> or intended recipient. You are hereby notified that any use, dissemination
> or copying of this communication is strictly prohibited. If you have
> received this communication in error, please notify the sender. Thank you
> for your cooperation.*****
>
> ** **
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>
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
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Link:I got an injunction under Probate Code 9391 in LASC case No. KP012730 Got the sale postponed for a year while we got title transferred to beneficiaries and worked out loan modification.....then went into bankruptcy.... and three years later..... I was no longer the attorney but the debtor was still there!
Check it out.RenayOn Tue, Sep 18, 2012 at 2:02 PM, Link W. Schrader <lschrader@schrader-law.com> wrote:
A deed is in the name of a prospective debtors deceased parents. The prospective debtor is an heir to his parents estate. It seems a bk would stop the sale if the debtor has any interest in the property, but what might be needed to convince the trustee/lender? Anything special?
Thank you,
Link Schrader, AttorneyLaw Office of Link W. Schrader
Mail: P.O. Box 3723, Tustin, CA 92781Office: 106 W. 4th Street, Suite #308, Santa Ana, CA 92701
Office: (714) 542-5922; Mobile/Text: (310) 413-6924
San Diego:
The post was migrated from Yahoo.
She arguably has an equitable interest, but even if you get a stay, what
possible way does she have to pay the arrears, buy out her sibling and make
payments on a loan. There is a reason she is "renting" the house and the
others are out on their own.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
Odd. I just had this exact same fact pattern walk in. Home is in probate, no
will or trust, homeowner (fee simple) passed away 12 months ago, and now the
sale date is a month away. Asset has no equity and $50k of arrearages.
Decedent's daughter (one of five siblings) was renting and has been residing
in house, but it's still in probate. Because she has no privity of contract,
it seems from Mark's response that the automatic stay of her bankruptcy
would have no impact on auction. Is that about right, and does she have any
options other than paying the arrearages all at once prior to auction?
Hale
_____
The post was migrated from Yahoo.
Debtor has, at this point, an equitable interest in the property subject to
the duties of the administrator. Estate property may be sold by the
personal representative when:
- The sale is necessary to pay debts, devises (gifts to persons named in
the will), a family allowance, expenses of estate administration, or taxes;
- The sale is to the advantage of the estate and in the best interests
of the interested persons;
- The property must be sold according to the terms of the will; or
- Authority is given in the will to sell the property.
(Cal. Prob. Code 10000.)
A decedent's will may designate the manner in which estate real property is
to be sold or identify the particular property to be sold. Absent a court
order based upon the best interests of the interested parties to the
contrary, the personal representative shall comply with the decedent's
instructions. If the will is silent on these matters or there is no will,
the personal representative may select the method of sale and the
particular property to be sold.
I'd think that the only way to get a trustee in bankruptcy to contest the
sale of estate property (probate, not bankruptcy) would be to show that the
representative is not acting in furtherance of his or her fiduciary
responsibilities. Which, by the way, would be exactly the position a
debtor would take in the absence of a bankruptcy.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
Smart Solutions To Bill Problems
T: 626-808-4343 x704
E: jay@sflawca.com
www.ConsumerHelpCentral.com
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
Email isn't secure, so it's not confidential. By communicating with me by
email, you understand that it's not confidential.
Debtor has, at this point, an equitable interest in the property subject to the duties of the administrator.
The post was migrated from Yahoo.
I assume this is California real estate.... How specifically is record
title of the real property held? H & W? H & W as jt tenants? H & W as
community property with right of survivorship? Since there is no trust, is there
a will or is this an intestate succession situation? Is the value of the property subject to probate worth more than $150,000 gross value?
Depending on your answers, the process could be very straight forward or there may
need to be two successive probate cases filed, one for each parent.
Is prospective debtor serving in a fiduciary capacity as
Administrator/Executor? Superior Court in probate case may be willing to stay sale for
good cause if lender is not willing to work with estate fiduciary. Estate
fiduciary may also be able to borrow money in that capacity to bring trustdeed current. Letters of Special Administration can be obtained quickly on
an ex parte basis to address these issues until an Administrator/Executor is
appointed after formal statutory notice/publication and hearing.
Unless first parent to die left something to son, son is an
heir/beneficiary of the estate of the last parent to die. Even specific bequests are
subject to parents' creditor claims and estate administrative expenses ifestate assets are otherwise insufficient to pay those obligations. Son has an
equitable interest of some sort, but no specific asset belongs to the sonuntil it is distributed from the probate/trust estate to son, so I would not
hang my hat on the automatic stay delaying sale by the secured creditor inreal property solely owned by the estate of the mom/dad.
I would seek resolution through the probate process first.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 9/18/2012 2:02:54 P.M. Pacific Daylight Time,
lschrader@schrader-law.com writes:
A deed is in the name of a prospective debtors deceased parents. The
prospective debtor is an heir to his parents estate. It seems a bk would
stop the sale if the debtor has any interest in the property, but what might
be needed to convince the trustee/lender? Anything special?
Thank you,
Link Schrader, Attorney
Law Office of Link W. Schrader
Mail: P.O. Box 3723, Tustin, CA 92781
Office: 106 W. 4th Street, Suite #308, Santa Ana, CA 92701
Office: (714) 542-5922; Mobile/Text: (310) 413-6924
San Diego: (619) 952-8342; Fax: (310) 878-4158
_www.schrader-law.com_ (http://www.schrader-law.com/)
The post was migrated from Yahoo.
Debtor has an equitable interest if nothing else. Valuation within
exemption limits, or looking to do a 13?
On Sep 18, 2012 2:41 PM, "Larry Webb" wrote:
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>
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> Is the estate in probate or a trust?****
>
> ** **
>
> Best regards****
>
> ** **
>
> ** **
>
> Larry Webb****
>
> State Bar of California 229344****
>
> Central District California****
>
> "A Debt Relief Agency"****
>
> Check out my Blog ****
>
> ** **
>
> ** **
>
> Larry@webbklaw. com****
>
> Law Offices of Larry Webb****
>
> 484 Mobil Ste 43****
>
> Camarillo Ca 93010****
>
> ** **
>
> P 805.987.1400****
>
> F 805.987.2866****
>
> C 805.750.2150****
>
> ** **
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>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Link W. Schrader
> *Sent:* Tuesday, September 18, 2012 2:03 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Stopping Trustee Sale For Home In Probate****
>
> ** **
>
> ****
>
> A deed is in the name of a prospective debtors deceased parents. The
> prospective debtor is an heir to his parents estate. It seems a bk would
> stop the sale if the debtor has any interest in the property, but what
> might be needed to convince the trustee/lender? Anything special?****
>
> ****
>
> Thank you,****
>
> ****
>
> *Link Schrader, Attorney*****
>
> Law Office of Link W. Schrader****
>
> Mail: P.O. Box 3723, Tustin, CA 92781****
>
> Office: 106 W. 4th Street, Suite #308, Santa Ana, CA 92701****
>
> Office: (714) 542-5922; Mobile/Text: (310) 413-6924****
>
> San Diego: (619) 952-8342; Fax: (310) 878-4158****
>
> www.schrader-law.com****
>
>
> ______________________________________________________________________________________________________
> ****
>
> *This communication and any files transmitted with it contain information
> which is confidential and may be privileged and exempt from disclosure
> under applicable law. It is intended solely for the use of the individual
> or intended recipient. You are hereby notified that any use, dissemination
> or copying of this communication is strictly prohibited. If you have
> received this communication in error, please notify the sender. Thank you
> for your cooperation.*****
>
> ****
>
> ****
>
>
Debtor has an equitable interest if nothing else. Valuation within exemption limits, or looking to do a 13?
On Sep 18, 2012 2:41 PM, "Larry Webb" <larry@webbklaw.com> wrote:
Is the estate in probate or a trust?
Best regards
Larry Webb
State Bar of California 229344Central District California
"A Debt Relief Agency"
The post was migrated from Yahoo.
Is the estate in probate or a trust?
Best regards
Larry Webb
State Bar of California 229344
Central District California
"A Debt Relief Agency"
Check out my Blog
Larry@webbklaw. com
Law Offices of Larry Webb
484 Mobil Ste 43
Camarillo Ca 93010
P 805.987.1400
F 805.987.2866
C 805.750.2150
The post was migrated from Yahoo.
A deed is in the name of a prospective debtor's deceased parents. The prospective debtor is an heir to his parent's estate. It seems a bk would stop the sale if the debtor has any interest in the property, but what might be needed to convince the trustee/lender? Anything special?
Thank you,
Link Schrader, Attorney
Law Office of Link W. Schrader
Mail: P.O. Box 3723, Tustin, CA 92781
Office: 106 W. 4th Street, Suite #308, Santa Ana, CA 92701
Office: (714) 542-5922; Mobile/Text: (310) 413-6924
San Diego: (619) 952-8342; Fax: (310) 878-4158
www.schrader-law.com
The post was migrated from Yahoo.