Monthly Archives: September 2010

Sonoma County will be test-bed for online legal standards

Sebastopol, in Sonoma County, is better known for its apples and grapes than its high-tech innovators, but Sebastopol-based Carl Malamud just received a $2 million grant from Google to continue his work of putting government codes, laws and court decisions online, The Press Democrat reports. With that funding, he hopes to make Sonoma County an innovator in publishing law in standardized ways that programmers can make robust use of. “We want to use Sonoma County and the North Bay as a petri dish,” he said. “We have to do this someplace and we’re starting in our back yard.”

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California has already addressed the serious problem of attorneys taking upfront payment for loan modifications and failing to do any work. Or at least failing to get any results. It’s now illegal in California for attorneys – or anyone else – to do any work. But in much of the rest of the country, the problem continues. The Chicago Trib, for instance, reports that “Some lawyers profit off foreclosure fears, loan modifications”(!): Attorneys are among the few professionals who can legally charge upfront fees to help homeowners modify their mortgages. But instead of negotiating with a lender, some attorneys or …Read more »

Foreclosure and eviction in California

I get a lot of calls from people who say they’ve been foreclosed on improperly, the house has been sold at auction, and NOW they want to get it back. I got a call the other day from someone after the house had been sold to a third party. The caller alleged that Wells Fargo had done some unscrupulous things in the foreclosure. Well that’s a little late in the game. For one thing, the house is almost certainly gone at that point. All you can do is sue for damages for lost equity (if any). If you’re underwater anyway, …Read more »

Sample California Chapter 7 Petition

Klavir & Associates has a sample Chapter 7 bankruptcy petition. It’s worth a look to understand the basic model of a non-asset consumer bankruptcy. Basically, you (1) show that you qualify for a Chapter 7 by passing a means test; (2) fill out schedules showing your real and personal property and your secured and unsecured debt; (3) a key schedule is the exemptions schedule, which shows that your personal property is exempt. If it is, you keep everything, lose all your debts and you’re good to go. It’s not that simple for everyone, but that is the structure you’re dealing …Read more »

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