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Evidence for 522 Motion
Posted: Mon Aug 27, 2012 7:35 pm
by Yahoo Bot
Why take chances? It's an important motion and not one that wants to be repeated.
I submit the appraisal from a certified cal appraiser with the certification and the appraiser's declaration. I also submit client declarations stating why they think the property is worth what we say. this is based on neighborhood knowledge, local market, what they know of neighborhing sales etc.
I submit my own declaration that at least says I have reviewed the appraisal and add anything that I know that is relevant to support the valuaiton.
And I use an appraiser that can submit appraisals on an historical basis just in case I need a valuation as it was at a particular prior date, say ten years ago.
You'll find these same tips in various of the Judge's information on the court website, especially in notes concerning self calendaring. Judge Beson is especially good on this point.
And in accord with the Higginbotham Rule -- "Know thine Judge" -- I review the judge's information re motions just to see what they might like.
Just my 2 worth
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Evidence for 522 Motion
Posted: Sat Aug 25, 2012 11:15 pm
by Yahoo Bot
Sent from my iPhone
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Evidence for 522 Motion
Posted: Sat Aug 25, 2012 11:12 pm
by Yahoo Bot
Sent from my iPhone
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Evidence for 522 Motion
Posted: Sat Aug 25, 2012 11:30 am
by Yahoo Bot
However, without a declaration to authenticate a bpo and lay a foundation
for the broker's qualifications, the bpo is just inadmissible hearsay.
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail:
go@gobklaw.com
website:
www.gobklaw.com
However, without a declaration to authenticate a bpo and lay a foundation for the broker's qualifications, the bpo is just inadmissible hearsay.-- Giovanni Orantes, Esq.
Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail:
go@gobklaw.comwebsite:
www.gobklaw.com
The post was migrated from Yahoo.
Evidence for 522 Motion
Posted: Sat Aug 25, 2012 11:13 am
by Yahoo Bot
Evidence is weighted. A bpo generally outweighs a debtor's opinion. An appraisal outweighs a bpo. Judge Jury said at a cdcbaa mcle that if no one opposes, the debtor's dec is enough. So it depends one who opposes, and with what.
I don't believe Judge Donovan would smirk at a bpo.
d
________________________________
To:
cdcbaa@yahoogroups.com
Sent: Saturday, August 25, 2012 10:22 AM
Subject: [cdcbaa] Evidence for 522 Motion
Is it safe to assume that I can use a Broker's Price Opinion on Debtor's residence for a 522 Motion in the Central District? If so, is the Broker's formal declaration in support of the written BPO absolutely required? There is some equity in the property ($47,000), but it is a small ($3500)judgment so I am hesitate to have the Debtor obtain a formal appraisal. I am in front of Judge Donovan in this particular case.
Evidence is weighted. A bpo generally outweighs a debtor's opinion. An appraisal outweighs a bpo. Judge Jury said at a cdcbaa mcle that if no one opposes, the debtor's dec is enough. So it depends one who opposes, and with what.I don't believe Judge Donovan would smirk at a bpo.d From: sambenevento <
sam@southbaybk.com> To:
cdcbaa@yahoogroups.com Sent: Saturday, August 25, 2012 10:22 AM
The post was migrated from Yahoo.
Evidence for 522 Motion
Posted: Sat Aug 25, 2012 10:22 am
by Yahoo Bot
Is it safe to assume that I can use a Broker's Price Opinion on Debtor's residence for a 522 Motion in the Central District? If so, is the Broker's formal declaration in support of the written BPO absolutely required? There is some equity in the property ($47,000), but it is a small ($3500)judgment so I am hesitate to have the Debtor obtain a formal appraisal. I am in front of Judge Donovan in this particular case.
The post was migrated from Yahoo.