Title: October 11, 2006
Q. My brother who is 17 years old had sex with a woman who is 5 years his senior. She is now pregnant. Is he going to be responsible for child support? Isn’t this adult woman’s actions punishable by law?
A. If the woman gives birth to the child, your brother is the father of that child and yes, he will have to support this child. It is not the child’s fault that he was born. Parents of a child are responsible for supporting their children. On the other hand, sex with a minor is considered a crime, statutory rape to be exact, and this woman should be prosecuted to the extent of the law.
Q. The apartment building I live in has gone through a change of ownership lately. The previous manager resigned and a new manager moved in. Some of my neighbors were told by the new manager they no longer can keep a dog over 15 lbs. and have 30 days to either get rid of the dog, move out voluntarily or be evicted. These people have lived here for a year or more, some as long as 5 years. Others have been told that their satellite dishes installed on the roofs were no longer allowed. Shouldn’t these new rules apply only to new tenants who moved in after the change of ownership?
A. The new owner needs to enter into a new Rental Agreement with all the tenants if he wants to enforce new rules on the “old” tenants. Otherwise he is stepping into the shoes of the previous owner and cannot change the rules already in place. In addition, Under an FCC rule promulgated pursuant to the Telecommunications Act of 1996, landlords cannot prohibit tenants from installing satellite dishes, antennas or other telecommunications devices on the property.
Q. Is it legal for a business to insist on fingerprinting a client for identification? And should the client refuse to be fingerprinted isn’t the business denying him service? Wouldn’t this be a temptation to the technologically savvy unethical employee to use this information to steal the client’s identity?
A. I do not believe there is a law against fingerprinting clients, however, I would certainly refuse to do business with anyone who insist on fingerprinting me before I buy something from them as an extreme invasion of privacy. You have the right not to patronize a merchant who insists on doing so. However, if this has to do with obtaining a deed, a notary must take your fingerprint, a requirement by law. Often, a bank will require a fingerprint on the back of a check being cashed if you are not a bank customer.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Showing posts with label deed. Show all posts
Showing posts with label deed. Show all posts
Monday, March 23, 2009
Legal Eaze #54 Loan Fraud
Title: September 15, 2006
Q. Last year (2005) a family friend came to my grandmother with a business venture. She told my grandmother that if she would let her use her property as collateral that when she sold the house she was buying that she would split the money with her. My grand mother signed a deed that put her name on the property that was being bought, and was told that some other papers she was signing were giving this friend permission to use the property as collateral. Well, the papers my grandmother actually signed were loan papers putting the loan in both their names. Now this family friend hasn't made any payments and the property in question has been sold because the title company said there were no loans on it. Needless to say my grandmother, who's 75, is now being sued by the title company, the loan company, in addition to the “friend” who lied to her to get the loan. What should I or what can I do to help my grandmother?
A. A lawsuit for fraud is the starting point, in the form of a cross-complaint to the suits brought against her, with motions to set aside any fraudulent deeds and loans, and consolidation of all complaints into one action. You have an uphill battle, but it has to be done. I would strongly suggest that you hire an attorney to handle this for your grandmother, as this is not something that a layperson can handle without the help of an attorney.
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She will answer legal questions posed to her by the readers, to the best of her abilities. You may contact her via Fax at (661)825-8880 or by e-mail at maxinedev@msn.com
Q. Last year (2005) a family friend came to my grandmother with a business venture. She told my grandmother that if she would let her use her property as collateral that when she sold the house she was buying that she would split the money with her. My grand mother signed a deed that put her name on the property that was being bought, and was told that some other papers she was signing were giving this friend permission to use the property as collateral. Well, the papers my grandmother actually signed were loan papers putting the loan in both their names. Now this family friend hasn't made any payments and the property in question has been sold because the title company said there were no loans on it. Needless to say my grandmother, who's 75, is now being sued by the title company, the loan company, in addition to the “friend” who lied to her to get the loan. What should I or what can I do to help my grandmother?
A. A lawsuit for fraud is the starting point, in the form of a cross-complaint to the suits brought against her, with motions to set aside any fraudulent deeds and loans, and consolidation of all complaints into one action. You have an uphill battle, but it has to be done. I would strongly suggest that you hire an attorney to handle this for your grandmother, as this is not something that a layperson can handle without the help of an attorney.
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She will answer legal questions posed to her by the readers, to the best of her abilities. You may contact her via Fax at (661)825-8880 or by e-mail at maxinedev@msn.com
Monday, March 2, 2009
Legal Eaze #30 house repair/divorce property
Title: September14, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I just bought a house and moved in a couple of weeks ago. I found mince running around the house at night. The bathroom tap is leaking under the sink, and now that I am looking at it closely, the problem is obviously not new. There’s rot under that sink. I am sure that other problems will surface along the way. While the house was in escrow, I noticed that all the disclosures signed by the seller were at least one year old. But because I did not really care for nor trusted the real estate agent representing me, I did not say anything. What can I do at this point?
A. When a house is being sold, disclosures by the seller should be recent. A lot of things can break down and get damaged during a year’s time. This is why it is so important to have an experienced home inspector inspect the house before purchasing it. An inspector would have seen the rot under the sink and pointed it out to you. Electrical, heating and septic systems should be fully operational before buying a house. The roof should have a few years left on it. If the disclosures do not reflect the true condition of the house, you have recourse against the seller of the house for breach of contract and fraudulent disclosures. It is too late to do anything about your lack of trust in your agent.
Q. I am undergoing a divorce right now. I inherited a house from my father when he died. This was a good 23 years ago. I live in the house with my wife and kids during the entire marriage. The mortgage was fully paid form insurance proceeds at the death of my father. Of course, I made improvements to the house, but the house is still free and clear. Now my wife claims an interest in the house. Is this house community property or not?
A. You failed to tell me whether you added your wife’s name to the title of the house. If you did not, the house may be separate property and your wife is not entitled to any part of it, if she did not contribute to the improvements made. If you added your wife’s name to the deed, she may have a community interest in it. Depending whether your wife contributed to the improvements made, she may be entitled to a reimbursement of monies spent towards the improvements. Monies spent on improvements may have come from your earnings, which are considered community property. This is a very complicated issue, with many factors to consider.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I just bought a house and moved in a couple of weeks ago. I found mince running around the house at night. The bathroom tap is leaking under the sink, and now that I am looking at it closely, the problem is obviously not new. There’s rot under that sink. I am sure that other problems will surface along the way. While the house was in escrow, I noticed that all the disclosures signed by the seller were at least one year old. But because I did not really care for nor trusted the real estate agent representing me, I did not say anything. What can I do at this point?
A. When a house is being sold, disclosures by the seller should be recent. A lot of things can break down and get damaged during a year’s time. This is why it is so important to have an experienced home inspector inspect the house before purchasing it. An inspector would have seen the rot under the sink and pointed it out to you. Electrical, heating and septic systems should be fully operational before buying a house. The roof should have a few years left on it. If the disclosures do not reflect the true condition of the house, you have recourse against the seller of the house for breach of contract and fraudulent disclosures. It is too late to do anything about your lack of trust in your agent.
Q. I am undergoing a divorce right now. I inherited a house from my father when he died. This was a good 23 years ago. I live in the house with my wife and kids during the entire marriage. The mortgage was fully paid form insurance proceeds at the death of my father. Of course, I made improvements to the house, but the house is still free and clear. Now my wife claims an interest in the house. Is this house community property or not?
A. You failed to tell me whether you added your wife’s name to the title of the house. If you did not, the house may be separate property and your wife is not entitled to any part of it, if she did not contribute to the improvements made. If you added your wife’s name to the deed, she may have a community interest in it. Depending whether your wife contributed to the improvements made, she may be entitled to a reimbursement of monies spent towards the improvements. Monies spent on improvements may have come from your earnings, which are considered community property. This is a very complicated issue, with many factors to consider.
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