Are You Underwater on Your House/Property? Inform Yourself of Alternatives/Consequences of: short sale, foreclosure, deed in lieu of foreclosure etc.

Preliminarily, neither this blog post nor any potential consultation services you may retain Bustarde Law for are intended or comprise loan modification services. Bustarde Law does not provide loan modification help, and consumers are expressly advised to be careful in retaining anyone for such help.

That disclaimer aside, homeowners, property owners, and any tenants of any property owners should make themselves aware of the law and their options when a property they may have an interest in is too expensive for the owner to keep.

Foreclosure is not the only potential conclusion where someone cannot make payments. Certainly a loan modification is an option but one must be aware that seeking a loan modification does not necessarily stop the foreclosure and thereafter eviction process.

If a property is worth more than the amount of debt then a Deed in Lieu of foreclosure may be available.

A short sale might be another reasonable alternative and with the new anti-deficiency law regarding short sales in California, that option becomes more attractive.

The rights of tenants are generally controlled by their leases, however other statutory considerations come into play if a tenant's leasehold interest is affected by a sale of the property. The amount of time a tenant has resided on the property may entitle the tenant to a greater notice period before they must vacate. Also, whether a sale occurs at a foreclosure sale or as a result of a owner initiated short-sale will affect the landlord/owner and tenant's respective rights.

Call Darwin Bustarde or visit Bustardelaw.com to learn about what options and considerations are implicated regarding your property or home.

Did you contract with an unlicensed contractor? Get your money back!!!

If you believe your (potential) contractor is unlicensed contact an experienced attorney to determine what rights you may have and visit the Contractor's State Licensing Board's website.

California's Contractor's State License Law is a comprehensive statutory scheme governing the construction business. It is codified in statute at Business & Professions Code section 7000 et seq. The State License Law provides "no person engaged in the business or acting in the capacity of a contractor, may bring or maintain any action, or recover in law or equity in any action, in any court of this state for the collection of compensation for the performance of any act or contract where a license is required...." (California Business & Professions Code Section 7031.)

There are a couple of exceptions to that law. But basically, if the person who is performing work on your home or building is unlicensed and you refuse to pay them, the person cannot file a claim against you even if the work meets the standard of care (not deficient).

You should also know that if you do sue an unlicensed contractor, the unlicensed contractor cannot claim an "offset" for the work that he performed. (White v. Cridlebaugh (2009) 178 Cal.App.4th 506.)

California has set up a statutory scheme that is intended to help consumers. Contact Darwin Bustarde to discuss your options and to obtain substantive legal advice and representation. The general information described above provided to help prompt you to analyze whether you need to conduct further research or hire an attorney, and is not intended to be relied upon for you to take definitive legal action that may affect your rights.