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November 7th 2009
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Dear Attorney, Is it just me or is the Temecula Valley in pretty bad shape? It seems like everyone I know is in foreclosure or bankruptcy or both. Do you know the statistics on that? What happened? Colin, Winchester Dear Colin, Riverside Count...
May 29th 2009 arrow Read Full Story

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Dear Attorney, I filed bankruptcy last year and my house was in foreclosure at the time. Countrywide never resumed the foreclosure proceedings even after they filed something in the Bankruptcy Court to get special permission to go ahead with the fo...
May 22nd 2009 arrow Read Full Story

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Dear readers, Many of you have written with questions about the mortgage “cram down” legislation that was passed in the House earlier this year and sent to the Senate for consideration several weeks ago. The term “cram down” is bankruptcy lingo f...
May 8th 2009 arrow Read Full Story

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Dear Attorney, Can you explain the newest state and federal programs for homeowners in distress? Sam, Temecula Dear Sam, It just got tougher to foreclose on a home in California. Governor Schwarzenegger recently passed a law that imposes a 9...
May 1st 2009 arrow Read Full Story

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Dear Attorney, I have established a family trust and a power of attorney as part of my estate planning. However, I have received conflicting advice regarding allowing a trustee on a family trust to designate a power-of-attorney. One source says a t...
April 24th 2009 arrow Read Full Story

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Dear Attorney, I bought my house here two years ago with the understanding I could have my boat in my driveway. No HOA and no rules against it in the CCR codes. After a year and a half I started getting tickets for it being in my driveway. They tel...
April 24th 2009 arrow Read Full Story

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Dear Attorney, I just went through foreclosure and I’m about to sign a lease on a house here in Temecula. Since it seems like everybody I know is in foreclosure, how can I be sure this landlord isn’t? I don’t want to go through the process of m...
April 17th 2009 arrow Read Full Story

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Dear Attorney, I was married in California about 10 years ago. About five years ago, I moved to Texas. After I learned that my husband had a drug problem, I filed for divorce in the state of Texas and the case is still pending. Even though the cour...
April 10th 2009 arrow Read Full Story

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Dear Attorney, Say your house has a date for Trustee sale. Then you work out a repayment plan with your lender. You give the lender money immediately and they put the sale in a “stay” status while you are in the repayment plan. Now you default on t...
April 10th 2009 arrow Read Full Story (1 Reader Comment)

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Dear Attorney, All of the news about loan modifications is geared toward homes. Is there anything available for commercial properties? Business has dropped by about 90 percent and the bank is foreclosing. There doesn’t seem to be any help available...
April 3rd 2009 arrow Read Full Story

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Dear Attorney, I’m about to go into foreclosure. So is my neighbor. We’ve heard there are new foreclosure laws and we’d like to know what they are. Please advise. Judy, Temecula Dear Judy, The California Legislature passed Senate Bill No 1137 l...
March 27th 2009 arrow Read Full Story (1 Reader Comment)

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Dear Attorney, I really don’t want to have to file for any type of bankruptcy. Being able to refinance my house will be a huge help. I need to find a Temecula appraiser to appraise my home before I can look into restructuring my mortgage loan. If...
March 20th 2009 arrow Read Full Story (1 Reader Comment)

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Dear Attorney, I keep hearing about some new law that allows Bankruptcy Court judges to modify home loans. Did that ever go through? Judy, Temecula Dear Judy, Folks in the Temecula Valley should pay particular attention to the bill you are as...
March 13th 2009 arrow Read Full Story

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Dear Attorney, What happens if you don’t do the debtor education class that is required after your bankruptcy is filed? I never did the class and I got a notice from the court saying my case had closed without discharge. Joan, Murrieta Dear J...
March 6th 2009 arrow Read Full Story (1 Reader Comment)

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Dear Attorney, Can you explain how the new plan to help homeowners that was announced by President Obama last week will help people who are late on their payments and upside-down? Karla, Lake Elsinore Dear Karla, I can’t explain that righ...
February 27th 2009 arrow Read Full Story

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Dear Attorney, One of my creditors just called and said they are going to take the money I owe them out of my checking account and my paycheck if I don’t pay them by Wednesday. Can they do that? Jenny, Lake Elsinore Dear Jenny, They can, but the...
February 20th 2009 arrow Read Full Story

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Dear Attorney, I received a judgment against me (when my husband’s business failed) for $20,000 and with interest and attorney’s fees the judgment came to $24,952. My wages have been garnished for over two years and I only owe $5,900 to pay off the...
February 13th 2009 arrow Read Full Story

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Dear Attorney, My US bank reported a fraud on Chex Systems and now the old bank I’ve been using for seven years is closing all of my personal accounts and two of my business accounts. I deposited two envelopes using the ATM, one with $400 and the o...
February 6th 2009 arrow Read Full Story

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Dear Attorney, I’ve heard that Congress is all set to pass a new law that will allow bankruptcy judges to modify home loans. Is this true? Nicole, French Valley Dear Nicole, Congress is considering passage of S61, a new law that will indeed a...
January 30th 2009 arrow Read Full Story (1 Reader Comment)

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Dear Attorney, I filed bankruptcy and all my debts discharged. I still can’t get a checking account because Chex Systems is reporting that I bounced checks and still owe them money. Is there anything I can do? Jill, Temecula Dear Jill, Ye...
January 16th 2009 arrow Read Full Story (4 Reader Comments)

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Please send all inquiries to editor@temeculavalleynews.com. You will not receive a personal reply to your letter, but it may be published in the paper. Please provide us with as many details as possible and include your phone number in the event we have questions.The material in this column addresses general legal issues only, is not legal advice and should not be relied on as such and may or may not be appropriate to a specific situation. Laws and procedures change frequently and are subject to differing interpretations. This column is not intended to substitute for obtaining legal advice from competent, independent legal counsel in the relevant jurisdiction. If you want legal advice, please consult a lawyer. This column is not intended to create, and does not create, an attorney-client relationship. You should not act upon anything in this column without seeking professional counsel.
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