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bearishgurl
Participant[quote=gzz]”QT default judgments cannot stick without defendant being given this opportunity … regardless of if they defaulted.”
The one time I got a default judgment against a deep pocketed defendant I had to do two prove up hearings and mail notice of the hearings. I was not aware of this particular rule, but I would always expect that the judge would want to have some sort of hearing with additional notice outside of small collections type cases.[/quote]
gzz, as you know, your two “prove-up” hearings you noticed and showed up for to obtain your default judgment are nowhere near the amount of work and preparation that an evidentiary hearing would be, not to mention the time and cost for witness prep and expert fees (if needed).
[quote=gzz]I did not need a marketing budget because I was the only lawyer in California who would take a certain type of real estate case on contingency during the real estate crisis eight years ago, so I just publicized my first few cases and Google searches did the rest.[/quote]
If you worked on RE cases during the “real estate crisis,” that crisis had been largely wound down by January of 2012, when the Harbour Vista, LLC v HSBC Mtg Svcs opinion was published. I can understand why you would not be familiar with it if you haven’t taken any RE cases since then. See my earlier post to the OP on this thread, below. It seems that the court here is further clarifying CCP 764.010, including the need (or not) for oral argument:
The court shall examine into and determine the plaintiff’s title against the claims of all the defendants. The court shall not enter judgment by default but shall in all cases require evidence of plaintiff’s title and hear such evidence as may be offered respecting the claims of any of the defendants, other than claims the validity of which is admitted by the plaintiff in the complaint. The court shall render judgment in accordance with the evidence and the law.
[quote=bearishgurl]I should add that “you will not be able to take a(n) automatic default judgment.” Whether or not the defendant shows up at the evidentiary hearing, the court will make a ruling on the “quiet title” action only. The plaintiff is not obligated to serve or notify the defendant of the evidentiary hearing … only to set the date with the court. Procedurally, the court will then send the defendant a Notice of Hearing. If the plaintiff has other causes of action pending in their complaint, they will NOT be adjudicated at the evidentiary hearing (Harbour Vista, LLC, v. HSBC Mortgage Services Inc. (2011) 201 Cal.App.4th 1496 at 1508-1509).[/quote][bold added]
Participant[quote=FlyerInHi]Risks come with potential rewards. People buy distressed properties all the time and they make money. . .. [/quote]The “people” you’re speaking of (professional flipping teams, CD lenders/”investors,” trust deed buyers and sellers, REIT’s, professional buy-to-let investors such as Blackstone, etc) all have their fav title officers (and foreclosure trustees’) telephone numbers chained to their ankles 24/7.
They don’t conduct any RE transactions whatsoever without an up-to-the minute preliminary title report (PTR) in front of their faces and neither should you.
Participant[quote=Blogstar] . . . What happens if the neighbor and I file suit at the same time more or less? Is there more hours for the Lawyer now answering the other complaint too? How much?[/quote]
This can’t happen, Russ. If the cases are filed within 59 days of one another and not yet served (the second filer doesn’t yet know about the first filer), then I believe the second case number will be “consolidated” into the first case number and all or a portion of the second-case filer’s first paper fee will be returned to them because they will now need to file a response to the first case if/when they are served with it and pay it over again. I don’t know how long it is taking the clerks to input new filings in the computer but I suspect they do it on the afternoon of filing, since the business office now closes at 3:30 pm and they don’t get off until 4:30 pm (or it is done by back-end staff all during the business day). So by the very next business day, the first case with the exact party names is in the court’s computer (which could ostensibly cause the second case filing with the exact same party names) to be rejected or consolidated shortly after filing it.
[quote=blogstar]I am really on the fence about the demand alone first, or just filing a suit and serving it with a settlement letter. Most attorneys I am talking to will write the demand for a flat fee without retainer.
I’ll ask about the flat rate thing for getting through your suggested steps. I copied that post and have it handy now.[/quote]Earlier on this thread, I suggested to you trying to get a “Limited Scope Representation” retainer agreement for the purpose of the atty preparing and sending your demand letter, preparing all your papers to file suit, leaving you to do the filing, finding a process server and other grunt work, such as gathering documents you might need in the future, etc. I feel that arrangement could save you a boatload of money as long as you didn’t end up needing to schedule an evidentiary hearing or trial, which could prove to be too “tricky” to prepare for and handle successfully by yourself (even if the other party didn’t show up for it after being notified by the court).
Participant[quote=FlyerInHi][quote=gzz]Title issues are rare and title insurance is very profitable. I would not have purchased it myself based on these issues. their claims rate is very very very law.
to be safe, can you get the old title report from the seller to look for potential issues?[/quote]
Thanks for the feedback.
I think that I need to educate myself on title issues if I’m going to be a serious real estate investor. Sometimes, you chance upon properties where people have money issues and title is not squeaky clean. I suppose, that’s one way investors find good deals.[/quote]In my experience, 25-30% of BK debtors “forget” to list all their assets and debts (either by mistake or on purpose). Only a fraction of them have BK attorneys. A good portion of them routinely transfer over title to large boats, RV’s and any vehicles they don’t regularly use (essentially any asset they own with a public title, sometimes including real estate) to family members who will NOT be on the BK case with them almost immediately prior to filing their BK. It’s by design and the trustees have so many cases to handle that it works … except if one of the savvy creditors on the debtor’s “discharge list” has already done an asset search prior to the debtor’s title transfer(s) and has not yet been able to seize it (it was stored, hidden). Happens all the time.
Participant[quote=FlyerInHi]BG, there are no liens on the seller in the county in question.
Taxes and HOA on the property are current.[/quote]Okay, buy it without a title policy at your peril. Even if you have to pay for the policy to get that “killer” price, it would be worth it, imho. Your owner’s BK filing is a HUGE RED FLAG waiving right in front of your eyes.Participant[quote=FlyerInHi]gzz mentioned title insurance. You should really look into that. Read your policy carefully.
On the subject of title insurance, I have the opportunity to buy a condo cash from an out of state seller who has some bankruptcy issues. Not sure what the title issue is (I still need to talk to the title officer)… but the seller owns it “free and clear” so to speak, without mortgage.
Would you buy the property without title insurance? What’s the worth that could happen? It is a very good deal, almost a killer deal.[/quote]
No, I wouldn’t, FIH. You could easily find yourself “subject to” any tax liens (Federal, state and property tax), HOA liens and judgment liens, for starters. As an 18-year member of PACER, I can tell you that you have no idea what this individual has declared in his/her assets in their BK (or failed to declare) or even if their BK has even been discharged (with or without declaring certain assets such as the condo, or certain debts). As you know, back taxes of any kind are not dischargeable in BK and the county has a permanent (unrecorded) lien on property taxes.
Even in the absence of any outstanding notes secured by trust deeds/mtgs (not sure what the term is in NV) on the condo, my experience has shown me that a preliminary title report can change for the worse in a matter of days or weeks (such as between postponements of a trustee’s sale).
In short, you don’t KNOW what or how much the owner owes their creditors, what stage of BK he/she is in, what they still owe in taxes (ex: the IRS could be ready to file a lien against them tomorrow … or already has). For this reason, I would always insist on approving a preliminary title report and having an owner’s title policy (CLTA in CA and customarily paid for by seller) issued in my name upon closing before I even thought about setting a closing date.
If it seems like a “killer deal,” there is likely a very good reason for that and you need to make it YOUR business to find out what that reason is if you are really interested in purchasing it.
Participant[quote=gzz]Hi Blogster,
I am a lawyer who used to do real estate litigation on behalf of plaintiffs full time. Now it is a secondary area for me. Below is not legal advice, just my quick reaction to scanning your posts.
Sounds to me like the first step is to see if your dispute is covered by your title insurance and if so invoke it. It might be worth hiring a lawyer just to do that. I have never done this before so no idea how complex it might be.
I would charge about $6500 for doing the following: (1) writing a demand letter (2) preparing the complaint (3) filing the complaint, paying the court filing fee of about $500 and process server fee of about $80 (4) negotiating a settlement if they want to deal at that point. If there are issues with threats and disruption to your property, maybe another $3000 for a temporary restraining order.
Most likely when your neighbor is served they will either see how much a lawyer would cost to defend the case, likely about $10,000 up front, and want to settle right away, or else if they are crazy then they may default or try to defend it themselves, in which case you will likely win (if you deserve to win) and be able to get a judgment or injunction that will be enforced by the San Diego Sheriff.
As far as the costs of taking your case to trial, with experts, jury fees, motion fees, depositions, defending summary judgment and demurrers, etc., likely around $25,000 at minimum.[/quote]Hi, gzz, I’m not sure if you read the whole thread but it appears that as of January 2012, if defendant defaults in a quiet title case, plaintiff should immediately ask the court to schedule an evidentiary hearing to protect themselves as QT default judgments cannot stick without defendant being given this opportunity … regardless of if they defaulted.
see: Harbour Vista LLC v. HSBC Mortgage Services Inc. (2011) 201 Cal.App.4th 1496
That’s when I came to the conclusion that the OP’s dispute could run up his legal bills very quickly.
Participant[quote=FlyerInHi][quote=spdrun]Shows how much you know about cars, FIH.[/quote]
spd and bg, I grew up with brothers who were tickerers. they had many cars.
Turbos add complexity and heat. More things to go bad. Like choose a stick shift over automatic if you want to keep your car for decades. Only makes sense.
Now, if you like fixing things and have time and/or money, then all the more power to you. Everything can be fixed. Some people love their old cars and will put a lot of money in them.
I actually understand car culture.. but cars are now more complex and young people don’t have the same passion for cars anymore. I think they care more about the smart phone docking station.[/quote]
I agree about the stick shift, FIH, but there aren’t too many of those models available new anymore (except poss by special order).
I don’t think it’s about “love” or an emotional attachment to a machine that causes people to keep older cars running. It’s about money, plain and simple. It’s far cheaper to register and insure and older vehicle. If it is a “reliable” brand (such as a Toyota product) then they don’t cost as much to maintain as many other brands, aside from the normal parts in every vehicle that need to be replaced at certain intervals, i.e. water pump, timing belt, alternator, oxygen sensors, etc. Some vehicle engines are rated for 350K …. or even 500K miles before they are well-known to need major work. That is … IF they are not abused and are well-maintained. The reality is that new vehicles (luxury cars, in particular) have doubled or nearly doubled in price for same or similar model since about 1991. Some of the newer models have even been “dumbed down” in interior, exterior and trunk size to compete with an ever-widening luxury vehicle market.
If someone who has been driving a “luxury” car for decades doesn’t care about all the electronic BS installed in newer (same or similar) models and their vehicle still runs great, why would they attempt to sell their aging vehicle for a mere $2500-$4000 (or give it to a relative) only to turn around and spend $60-$90K (yes, I said $90K) on a new model (or even $45-50K on a late model similar vehicle) cash or credit? And why would a person over the age of 55 (who doesn’t commute anymore and thus has a lower income) even want an auto loan? (I honestly don’t know anyone in this category who has one.)
And why would a person used to driving a heavy luxury vehicle on the open road (w/dbl wishbone suspension, etc) for decades want to sell it and then buy a new Corolla for $22K? What would be the incentive to do something like that?
Even if one has the money to purchase, replacing their vehicle with another new or late model vehicle doesn’t make sense for everyone because every driver’s circumstances are different.
ParticipantUnless he’s severely abused it on the road (… or track), flu’s car is likely still a “teenager.”
Participant[quote=spdrun]Pffffffft – I’ve owned quite a few cars and motos that were > 20 years old.[/quote]So have I . . . and still do.
I got back from a 3500+ mile, 8-state road trip with one just 2.5 months ago.
Participant[quote=FlyerInHi]If you want to keep your car for decades then do not buy a turbo[/quote]
brian, you ought to come to one of our visiting car shows in dtn Chula Vista and take a look at what’s under the hood! The owner (or their representative) is usually nearby to field any questions. We have these shows about 4-6x per year. There are usually a lot of 1960’s vehicles (and a few 1970’s vehicles) there which were outfitted with aftermarket turbo kits in a past life and are still going strong today 🙂There is also a large group of 1950’s vehicles to see as well.
Most of the vehicles shown in the display are from car enthusiast clubs out of East County and many of these owners have owned these cars since they were new (or their parents/grandparents did).
Participant[quote=livinincali]If you do decide to dump it you can get $1000 for it from the CA cash for clunkers program.
http://www.cashforclunkers.org/california-cash-for-clunkers-program/%5B/quote%5DLOL, from what I could see of the back tires in flu’s short video, they alone may likely be worth $1000 (or nearly so).
I’m with spdrun. I’d fix it, smog it and then sell it for “market value” (which is likely $3-5K) if that’s what flu wants to do.
ParticipantJust an FYI … BJ’s Rentals has chain pullers with stand for your engine (by the day, week or month):
http://catalog.bjsrentals.com/equipment.asp?action=category&category=3
ParticipantFIH, are you suggesting everyone spend $25K++ (cash or credit) every 6-8 years just to drive the latest model? That would really decimate most people’s budgets and a huge portion of the population isn’t able to do this due to lack of funds or lack or credit (or good enough credit not be taken for a ride by a shyster auto dealer).
In my case, it would cost $60-70K to update my vehicle to the newest (same or similar) model. I can think of so many ways that money could be better spent (assuming it is even spent at all). I don’t drive that much around town (5K miles annually?). If I’m planning on going on an extended road trip, I know where my shop is located and how to make an appt there to have my vehicle checked out. My current reg fee is the minimum $89 year. I realize there is a current bill pending to raise that another $65-75 year for “road and infrastructure improvements.” We’ll see what happens there but I suspect it will pass.
I’ve been driving without a backup camera and heated seats for ~45 years. Why don’t you try to convince me (just another Suzy Q Public) why I need these things now?
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