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bearishgurl
Participant[quote=spdrun]Solution to this is simple. Plow, sand, mandate winter tires. No need for salt in most cases. If someone without snow tires crashes and burns with snow falling, don’t render aid and fine their estate $10,000.[/quote]
I tend to agree … except for not rendering aid and the fine, lol. People who live in snowy climes need to have a studded set of tires and also cables/chains if they don’t have 4WD/AWD. Also, they need to carry a “winter kit” with them at all times consisting of down sleeping bag(s), tire cables/chains, bungee cords, an old rug, disposable lighters, flashlight(s), shovel, flares, anti-freeze, and filled sandbags (if driving a lightweight vehicle). Did I miss anything?If living in the mtns, the winter kit should be carried at least 8 months per year, depending on locale.
ParticipantOh, and SD has its own challenges for the homeowner set, i.e. constant (expensive) vigilance against both drywood and subterranean termites, stubborn hard-water stains, rust and wayward vegetation including constantly seeding queen palms, wild overgrown bird of paradise, encroaching elephant ear, virulent native bermudagrass up to 2 feet long and stickery bougainvillea messes blowing in the wind all year round, etc.
I could go on … and on. Better to have 35′ knives, a Sawzall and all manner of garden tools at your disposal and USE them … regularly. I’ve owned several homes in SD and lawn and gardening maintenance is tedious, repetitive and back straining work, which never lets up. Short of chopping everything down and stump removal for a “sterile looking” unattractive lot, there is always work to do.
I’ve never had one but can tell you that gardeners do earn their money.
To the tourist, all those large-lot stately homes surrounding the Hotel Del Coronado and beachfront have gorgeous landscaping that looks effortless. Little do they know how many hours per week hired gardeners spend on the premises :=0
Participant[quote=FlyerInHi]Snow clearing over the years;
http://nyti.ms/1lFqDc0Seems stupid and self induced pain when you can vote with your feet and get away.
If you have enough money, it’s a non issue. But why would you want to live in a house and deal with that crap every year?
I could live in a NY apartment. At least you’re not out there shoveling snow. Seems like a useless endeavor, like a rat spinning wheels every year — shoveling snow, sweeping leaves, cutting branches, clearing gutters and ditches, mowing acres of lawn, etc… If I have to do labor, I’d rather remodel condos and see income producing tangible results.[/quote]I agree with you to a point, FIH. I’m still considering South Lake Tahoe for a retirement locale. “Senior citizen” ski season passes and free buses to Heavenly 3-4 months per year appeal to me. For the most part, their winter is fairly mild and it is very beautiful up there and also very well-preserved (on the CA side).It’s expensive and a hassle to drive all the way up there once or twice per season and stay in hotels or timeshares, not knowing what the actual ski conditions will be during your stay. Since their weather (and ski conditions) can be unpredictable from day to day and even hour to hour, I would just like to have a cheap season pass (purchased the prior summer) that I can use to ski for a couple/few hours at a time as time (and conditions) permit. I’d need to live there to do that as staying in lodging is cost-prohibitive.
In spite of having to shovel snow a few times per year, I feel living in a reasonably-priced resort town such as SLT would be the ideal life for me.
It’s also big enough to have its own hospital and for me to find a part-time gig if I should want/need one.
This wouldn’t work in the CO resort towns or even Mammoth Mtn as housing is too expensive for me in those locales and I would also likely be forced into a small condo and/or having to scare up paying roommates to survive. That isn’t my idea of a peaceful, economical retirement.
Participant[quote=spdrun]I’m about to put on x-c skis and hit up the park. Not minding it one bit.
I love me a climate with real seasons.[/quote]
More pics, puleeze 🙂
ParticipantTry Fed Ex. I know for a fact that they will walk up steep long driveways to deliver a letter or pkg or drive down an (accessible) gravel road to a house far back on a lot to drop the item on the doorstep. No signature is necessary and you will have your proof.
Participant[quote=Blogstar]No problem, most of us have mail boxes, but this guy has refused to pick up certified mail before. He will get the letter one way or another though. Service is not so strict like it is for some types of legal situations.[/quote]
If he has a rural mailbox out in the street and a street address, an online printout of USPS tracking service (much cheaper than certified and no signature is necessary) might suffice for adding the letter (exhibit) to your future complaint. You really need to be able to prove that Mr Wacko received your letter. Certified (Return Receipt Requested) is much better, though.
Participant[quote=Blogstar]Totally disagree that we need attorneys more than they need us. Sure they will avoid real problem child clients, like anybody, but the client also can take the bull by the horns and get good service , like with any tool, or shop for another tool. Are you saying no lawyers will play unless they can rip us off? I don’t agree.[/quote]
Absolutely, Russ, you should “take the bull by the horns” and tell an attorney you are considering hiring exactly what you are trying to achieve and ask him/her what they think might be most economical way to do that. They may come up with an idea you haven’t even considered. You can also try to negotiate unbundled services and/or a “Limited Scope Representation” retainer agreement. Just because an attorney doesn’t advertise these methods of doing business doesn’t mean they won’t agree to them …. with the “right” client.
[quote=blogstar]How much more info can I add about my easements than that they are created by grant deeds with my title company , surveys and engineering require where title company had doubt and it was added to my policy with no important encumbrances. Sorry , BG , you are very knowledgeable but are lending to any convolution here. The could be a super hidden defect but even the neighbor has no clue of it , if it exists.[/quote]
Thanks for clarifying how your easements were created, Russ. I asked you this question last night. I’m not understanding the second half of your sentence. Are you saying that you had surveyed any boundaries where your title company had doubts? Did you hire an engineer to have the easement(s) replatted to your parcel(s)? Did you mean “…no important exclusions?”
It doesn’t matter what Mr Wacko knows or doesn’t know but it could matter a great deal to you if he ends up retaining an attorney.
Participant[quote=Blogstar]Easements are described as parcel B C and so on on my title insurance. They were created by grant deeds. Some came with the property and I bought some new ones with the title company creating then and adding them to my policy.
I am definitely leaning on the letter idea , but the argument about the guy going right back to his evil ways is worth considering. I would not have considered the letter until I got video and witnesses for some assaults which was recent. He would have laughed at the letter or even not gone to trouble of picking up certified mail.[/quote]
I forgot that you guys may not have door-to-door mail delivery. Could a process server possibly drive all the way up to Mr Wacko’s house to deliver your letter?Participant[quote=Hobie] . . . You are not in good place with this. You don’t have all the options to make decisions. He gave you bad advice and is simply trying to win you over again with another meeting next week….[/quote]
I don’t think this is the case, Hobie. RUSS set up the FREE consultation with the attorney next week. Civil attorneys could give a r@t’s ass if they ever give any “free consultations” …. or not. Their time is valuable and they don’t usually take “contingency cases.”
I am as unclear about the details of this case as you are and probably a few other Piggs reading this thread. Maybe the OP doesn’t want to disclose them in detail and that’s okay. What he has explained so far sounds a bit convoluted to me. I know it all makes sense to him but there has been info left out of this thread to the extent that no one here can determine the exact condition of his title without examining it themselves (one who has the knowledge and skill to do this properly).
Seriously, attorneys don’t care. They are more than happy to fire (relieve) themselves in a New York minute off a case of a client they don’t want anymore if the court will permit it. Attorneys are a “necessary evil,” if you will. We need them worse than they need us.
Participant[quote=Blogstar]I got serious on the phone with one of the attorney I am interviewing now. Ask him directly about quiet title. He tried to get away with just saying it’s standard.
I said some people think ‘churning’ people’s troubles is standard too. I asked him why it should be standard if I have good title. And he said he’d have to look at that. SO yeah, probably big sales job by all these guys and gals. The quiet title is a fixed cost thing so even if the guy doesn’t fight title claims, and settles quickly, or doesn’t even answer the claim and I win by default, they can take some additional money from me.Going for another free consultation early next week with this same attorney and will get more into the possibility of a strong letter, served, or delivered verified contents.
I feel like we are in a pretty good place with this. . . [/quote]
Russ, in order to your legal counsel to determine if you need to file a “quiet title” action, they have to take time to examine the condition of your title (and possibly any other “titles” which are germaine to your case). It is very possible that there ARE defect(s) in your title which you are not aware of.
If this attorney which you are going to meet with is willing to file a quiet title action for you for a fixed cost and that fixed cost INCLUDES a (likely) evidentiary hearing, then you need to seriously consider going that route, imho. Especially if he writes and sends the certified letter and it doesn’t do any good.
Remember that as of January 2012, one cannot take an automatic default in CA in a quiet title action.
ParticipantI 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).
Participant[quote=Blogstar]. . . I wonder if the quiet title action isn’t easy “churn” for the lawyers , or the best way to start a fight that add$ up? . . .[/quote]
I saw this website earlier:
http://www.kinseylaw.com/clientserv2/civillitigationserv/realestate/quiettitle/quiettitle.html
Here is an attorney (in LA Co) who will give you a two-hour consultation and prepare the papers for you for a “quiet title action” with a “Limited Scope Representation” agreement. He charges a flat rate of $1000 for these services (see bottom of page). You will likely file the case with your Superior Court branch and have the other party served and represent yourself in court.
Maybe there is a good RE atty here in SD County who works like that (I don’t know of one) or you could use the atty in the link (have phone consultations and have him prepare your suit and e-mail it to you).
There might be a problem though if the other party fails to timely respond to your suit. You will not be able to take a default judgment in this type of action and will have to schedule an “evidentiary hearing” with your opponent:
see: http://www.jdsupra.com/legalnews/default-judgement-is-not-available-in-ac-90555/
I’m unsure if you could handle that by yourself, especially if your opponent obtains a lawyer mid-stream.
ParticipantHere is the full cite:
Harbour Vista LLC v. HSBC Mortgage Services Inc. (2011) 201 Cal.App.4th 1496, [134 Cal.Rptr.3d 424]
For those who belong to myfindlaw.com, here is the full opinion:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/201/1496.html
Participant[quote=Blogstar] . . . I have interviewed 3 now. They all say quiet title even not knowing one thing about the level of perfection of my easement. . . .[/quote]
You shouldn’t have had to “perfect it” if you actually, legitimately “bought it.” The act of being given (legal) title to it in exchange for compensation implies that you are already the owner . . . or in this particular case, the “dominant servient.”
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