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Recent content by sfosmith

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

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    Trustee Obligated to Support a Will?

    What is the name of your state (only U.S. law)? California A family living trust broke into the Family Trust (irrevocable) and the Survivor's Trust upon the death of the first Trustor. Due to a disagreement among beneficiaries, a court appointed trustee was appointed to administer the Trust...
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    Tortious Interference?

    What is the name of your state (only U.S. law)?
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    Deposition question

    What is the name of your state (only U.S. law)? California Question about conducting depositions under the federal rules: A deposition of a non party is scheduled by subpoena. Counsel for the party to the case (defendant) is entitled to notification and attendance. The examination of non...
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    Truth in Lending Violation?

    What is the name of your state (only U.S. law)? U.S. Law I discovered that my 2006 loan was funded by an undisclosed Warehouse lender. The Mortgage Company on the face of the note and listed in Deed of Trust (California) did not lend their money but acted as a straw man in the transaction...
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    Damages for Notice of Default?

    What is the name of your state (only U.S. law)? California If a foreclosure company files a Notice of Default which begins a foreclosure process in California, but was not legally the trustee untill 2 monts later, what actions can a plaintiff undertake for damages? In this case, the sale was...
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    Amendment Rules in Federal Court

    What is the name of your state (only U.S. law)? Federal law In an adversary proceeding in the bankruptcy court against a Wall Street Bank which purports to hold a note, plaintiff alleged that the local originator of the loan and payee on the face of the note did not fund the loan and that...
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    Self dealing, breach of fiduciary duty

    What is the name of your state (only U.S. law)? California In a family AB Bypass Trust there were 3 beneficiaries. One beneficiary secretly obtained position of sole Trustee while both parents were alive with a Trust amendment that this position could not be changed. After the first Trustor...
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    Failure to File Declaration as Ordered by the Court

    What is the name of your state (only U.S. law)? U.S. Bankruptcy I filed an objection to Bank's Motion for Relief From Automatic Stay in Ch 13 Bankruptcy court. In response to my objection that the Bank's declaration was signed by an employee, the judge ordered the hearing continued and that...

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