can Calif. lender accept $ to postpone Trustee sale?
Samira Kermani
Dear list mates,
Is it legal for a private lender in Calif. who has a second lien on a non-owner occupied rental property, to charge the borrower money in exchange for granting an extension of time and postpone the Trustee foreclosure sale date?
What are the statutes governing this in California?
Thank you.
Regards,
Samira Kermani, Esq.
Attorney | Real Estate Broker | Mediator | Lecturer
KERMANI LAW FIRM
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Confidentiality Notice and Disclaimer: This e-mail and its attachment(s) are a private and confidential attorney communication protected by the attorney-client privilege and/or attorney work product privilege. They are intended only for the use of the addressee(s) named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is prohibited. If you have received this e-mail in error, please notify the sender immediately and destroy the message. Thank you. // Kermani Law Firm (“KLF”) will not take any action to represent any person or entity without a fully executed written fee agreement prepared by KLF for that specific client’s matter. There are strict deadlines, called statutes of limitations, within which actions must be taken or claims could be barred in whole or in part. It is important that you obtain the services of an attorney to advise you about such issues.
From: DIRT - Real Estate Lawyers Listserv [mailto:DI...@LISTSERV.UMKC.EDU] On Behalf Of Samira-Dirt Law
Sent: Friday, December 02, 2016 7:26 PM
To: DI...@LISTSERV.UMKC.EDU
Subject: [DIRT] law of finder's fee in Calif.
Mates,
Anyone have the leading case on finder’s fees law in California, for the sale of residential ppty?
Thank you.
Regards,
Samira Kermani, Esq.
Attorney | Real Estate Broker | Mediator | Lecturer
KERMANI LAW FIRM
BUSINESS LITIGATION, REAL ESTATE LITIGATION AND TRANSACTIONS, MEDIATION
Testimonials www.KermaniLaw.com/Testimonials.html
Blog http://realestateblog.kermanilaw.com/
Facebook https://www.facebook.com/pages/Real-Estate-Lawyers-Litigation-and-Transactions/103115576467693
Yelp https://www.yelp.com/biz/kermani-law-firm-los-angeles
Our Affiliate Real Estate Brokerage: www.KarltonStone.com
Main: 310-475-3400
Fax: 310-861-5251
Email: Sam...@KermaniLaw.com
Website: www.KermaniLaw.com
Confidentiality Notice and Disclaimer: This e-mail and its attachment(s) are a private and confidential attorney communication protected by the attorney-client privilege and/or attorney work product privilege. They are intended only for the use of the addressee(s) named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is prohibited. If you have received this e-mail in error, please notify the sender immediately and destroy the message. Thank you. // Kermani Law Firm (“KLF”) will not take any action to represent any person or entity without a fully executed written fee agreement prepared by KLF for that specific client’s matter. There are strict deadlines, called statutes of limitations, within which actions must be taken or claims could be barred in whole or in part. It is important that you obtain the services of an attorney to advise you about such issues.
From: DIRT - Real Estate Lawyers Listserv [mailto:DI...@LISTSERV.UMKC.EDU] On Behalf Of Corinne M Higgins
Sent: Wednesday, November 30, 2016 4:49 PM
To: DI...@LISTSERV.UMKC.EDU
Subject: Re: [DIRT] Residential RE Attorney in Manchester, NJ area
Hi Doug,
Our firm could do it. We are located in Philadelphia but also have a New Jersey office and a number of our attorneys are also licensed in Jersey. I'm happy to forward additional information if you'd like. We routinely prepare residential notes and mortgages for one of our corporate clients who transfers employees nationwide.
Best,
Corinne
Sent from my iPhone
On Nov 30, 2016, at 7:41 PM, Douglas J. Sanderson <ds...@MCCANDLISHLAWYERS.COM> wrote:
Any suggestions? Self-referrals welcomed. Need is for someone to prepare note and deed of trust (or mortgage?) for a family loan on NJ property, probably residential.
~~~
Douglas J. “Doug” Sanderson
Attorney at Law
11350 Random Hills Road | Suite 500
Fairfax, Virginia 22030-7421
tel (703) 934-1122 | fax (703) 352-4300If interested, follow us on Twitter (push the “t” icon below) and retweet!
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----------------- DIRT provides an informal forum for the expression and discussion of ideas, theories, and concepts about legal issues relating to real estate. Creativity, speculation and rumination are encouraged. The comments published here should not be taken to represent the commentor's position or opinion in any present or future client representation or litigation; they should be regarded as tentative thoughts, based on particular facts as the commentor understood them, and subject to later rethinking and revision. They are not legal advice and do not create an attorney-client relationship. They are not electronic records, electronic signatures, or agreements to conduct any transaction by electronic means pursuant to UETA, ESign, or any similar law.
Reid Breitman
You need to comply with usury rules; you may need the original broker to negotiate the extension.
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S. Guy Puccio
Postponements are distinguishable from modifications, extensions, or forbearances. See, Civil Code Section 2924g(c)(1) for postponements. To engage in extensions for fees raises a number of issues including loan disclosures, the potential of usury, priorities, among others. The specific facts will be controlling and this should not be pursued by a private investor/lender without the advice of legal counsel.
