http://earlelaw.com/blog The California Law Blog for Small Business and Self-Employed Persons, Real Estate Investors, and Individuals Thu, 15 Dec 2011 18:28:39 +0000 http://backend.userland.com/rss092 en Q. The holidays are just around the corner (again!) and I know that many non-retail businesses – especially law firms – will be closed. I do not have an attorney on retainer, so I’m not quite sure what to do if, in case of an emergency, I need to get ... http://earlelaw.com/blog/2011/12/15/happy-holidays/ Q.    The lease for the house where I live is about to expire and the owner has listed the property for sale with a real estate broker.  Although a registered sex offender lives directly across the street, and police have “raided” the offender’s residence, my understanding is that the owner ... http://earlelaw.com/blog/2011/11/10/real-estate-disclosures-neighborhood-sex-offenders-2011-16/ Q.  I have heard various, and seemingly conflicting, summaries of California foreclosure law.  Some assert that deficiency judgments are never available in California; others claim deficiency judgments may be available in certain cases.  Which is correct? A.  There are two types of foreclosure actions in California: judicial and non-judicial.  The vast ... http://earlelaw.com/blog/2011/11/10/california-foreclosure-law-2011-15/ Q. I recently attended a seminar which promoted the idea of using a business entity to own and hold investment real estate, the primary purpose of which is asset protection. What are your thoughts on this asset protection strategy? A. It has been argued that the American legal system unduly promotes ... http://earlelaw.com/blog/2011/04/06/business-entities-for-california-real-estate-investors-2011-14/ Q. My spouse and I are experiencing financial difficulties. Unfortunately, I suspect we may be headed for divorce. My spouse controls all the finances and I am concerned that mortgage or other payments might not continue to be made in a timely manner, out of spite, after we separate and ... http://earlelaw.com/blog/2011/04/01/the-legal-duty-of-spouses-to-preserve-marital-assets-2011-13/ Q. I recently was audited by the Internal Revenue Service (IRS), which now claims I owe additional income taxes. I disagree and am considering a challenge in Tax Court to this determination. If I win at Tax Court, is it possible to also obtain a court order requiring the IRS ... http://earlelaw.com/blog/2011/03/24/making-the-irs-pay-to-audit-you-2011-12/ Q. I recently retired from my professional career and became a real estate investor. After attending several real estate seminars, reading books, and engaging in other self-study, I put my newly acquired knowledge to work by forming a limited liability company (LLC) and using the LLC to purchase distressed residential ... http://earlelaw.com/blog/2011/03/18/using-an-llc-to-purchase-your-california-residence-2011-11/ Q. What deficiency judgment laws apply to foreclosures of California residential properties? A. There are two types of foreclosure actions in California: judicial and non-judicial. The vast majority of California foreclosure actions proceed as non-judicial foreclosures because judicial foreclosures take much longer to complete and to become final than do non-judicial ... http://earlelaw.com/blog/2011/03/15/california-deficiency-judgment-laws-2011-10/ Q. I own a home in California that currently is in foreclosure. Although the money which was used to purchase (and subsequently refinance) the property was borrowed from a well-known mortgage lender, an entity known as Mortgage Electronic Registration System, Inc. (MERS) has initiated non-judicial foreclosure proceedings in my case. ... http://earlelaw.com/blog/2011/03/03/california-foreclosures-who-can-initiate-proceedings-2011-09/ Q. I own a residential property which I rent to tenants. Currently, I have tenants with whom my dealings have been unusually difficult; every time I have had to remind them to be courteous to their fellow tenants and neighbors (e.g., noise complaints, parking complaints, etc.), these difficult tenants respond ... http://earlelaw.com/blog/2011/02/24/when-the-state-brings-frivolous-housing-discrimination-claims-2011-08/