California Divorce | Amending Petition Will Set Aside Default

Posted by Tim Blankenship on

California Divorce | Amending Petition Will Set Aside Default

Today, we’re talking about default cases and when you amend your petition and the effect that has on your Divorce case.

So let me set up the scenario for you. Let’s assume we filed your Divorce and you served your Divorce case on the other party and you actually filed the default, a request in or default and the default was entered.

The effect of that obviously, is you kind of kick the other party on the case, and they can no longer respond unless they request to set aside or there are some other things they can do.

But for purposes of this video we wanted to let you know is, if you have filed the petition, it’s been served and you submit your request in to default and the default’s entered, if you amend your petition for whatever reason and I’ll give you scenario on why you might want to do that.

But if you amend your petition and file and you amend the petition, it removes that default from that case.

So in the past what we had to do if a default was entered, we had to have the respond into the other party filed a request to set aside the default and then once that occurs they can file their response.

But if the party’s are in agreement, and let’s say the default was entered but now you want to have an uncontested case or maybe the other party wants to get involved now, all you have to do is amend the petition, re-file it and reserve it.

And that will effectively remove the default from being part of the case so then the other party can respond where you guys can enter into what’s called a hybrid or a default with agreement type case.

So just keep that in mind. One thing to watch out for is if you once you make changes. So let’s assume you filed your petition and you ask for certain things and then you change your mind.

You’ll have to re-file and amend the petition which will remove that default and give the other party an opportunity to response. You got to be careful depending on which way you’ll do that.

So I just want to share that with folks. It’s something that we’ve roughly recently learned because we had a client who we are trying to do a set aside of the default.

We noticed in the case summary that an amended petition had been filed and served. So we just went in on with a response and they accepted the response despite being a requesting default entered on the case because once they amended the petition, it opened up the doors for the 30 day response window again.

So that’s the effectiveness of that. I’ll be happy to help you with your Divorce case anywhere in California.

We are a full service, so, we’ll take of everything for you with the courts. You can go on with your lives, 661-281-0266.

Feel free to give me a call. Thank you so much.

 

 

California Divorce | 60 Day Rule To File Financial Disclosures

Posted by Tim Blankenship on

California Divorce | 60 Day Rule To File Financial Disclosures

Today, I want to talk to you about the 60 day rule on completing your financial disclosures. This is referring to your incoming expense declaration and your schedule of assets and debts.

We’ve been getting a lot of calls and even from some of our own clients who read the rule that basically says once you’ve filed your Divorce case or responded to the Divorce that you have 60 days to complete and serve your preliminary declaration of disclosures.

Again, this is incoming expense and schedule of assets and debts. And folks who have been concerned that the case would close or something negative will happen if they don’t complete the financial disclosures within that allotted 60 day period.

Now I have to say it is the rule. It is 60 day to complete your financial disclosures but when it comes to kind of going beyond the 60 days the only person who’s going to complain about it not being done it would be the other party or the other party’s attorney.

So it’s not something the court monitors. It’s not something that they’re keeping track of where they know when the case was filed and then they have a calendar event for 60 days to send you a letter or something.

The only person who is going to complain is the other party. So while it is there as a 60 day rule, the other party will essentially would have to complain to the court or file a motion to compel you to do your financial disclosures for that to move forward.

And the reason I bring that up is because we have been a lot of calls, people are concerned that because they didn’t do their financial disclosures within 60 days is the case going to be closed or are they going to get a nasty letter from the court which you might.

But we have cases that we’ve gone well beyond the 60 days just the folks who were working with us don’t give us the paperwork timely and nothing adverse happens.

So I just want to let people know that. So try to get down within 60 days, let the other person know if you’re not able to do it but don’t get and let it keep you up at night if you’re not able to get your financial disclosures done in the 60 days.

We’re a full service, Divorce Paralegal Firm serving all of California, please give us a call. I’ll be happy to help you with your Divorce case in California.

California Divorce | Cooperate With Home Sale During Divorce

Posted by Tim Blankenship on

California Divorce – Cooperate With Home Sale During Divorce

In this video/article, we tell you more about hat you need to do when going through a divorce and how to deal with home sale. Kindly watch this video for more information.


Tim: Have you run into any common things or aspects that people should be aware of? UCPD like, ‘Okay, this keeps happening.’

Connor: Yes.

Tim: That people like you can kind of give them heads up on.

Connor: Yes. One party usually is the saint but it’s usually not the person saying they’re the saint. So the other party’s usually the horrible one.

The more difficult one to deal with I should say. So that seems to be a very common thing.

People have their own perceptions of how they are. And with Real Estate, another common thing is blame.

So while you might have one party that just wants to get out and get away, you’re having the other party that wants to do everything they can.

They either forward the deal or mess it up or cause an issue with it. And even though at the beginning they said that’s how they wanted it to be.

Things change.

Tim: Yes.

Connor: You have time to think, you sit there and I’m going to adore that if somebody comes to us after we’ve gone through whatever it is to lease the property and get a market and speak with all parties, get mutual agreements.

Tim: Yes.

Connor: Even if somebody says, ‘You know we don’t want this to go through.’ It does take two people. It takes both.

Tim: Sure.

Connor: Unless the court says you have to or some other legal mechanism.

California Divorce – When Is It Time To Contact A Realtor

Posted by Tim Blankenship on

California Divorce – When Is It Time To Contact A Realtor

Tim: So one of the things I want to talk about today was the options people have when how to deal with their property when they’re going through Divorce.

What are their options and what are the plus and minuses of each? But the first thing, I want to talk about is consulting with the real estate agent.

That should probably something that is done early on in the process, right? Kind of get this information about a written agreement that’s fine they even know.

That’s great coming to an agreement and coming to the terms on appraisal or even deciding on an agent to use.

Connor: It’s funny a bankruptcy attorney said something really valuable when I was speaking with him and we just came out of this speed foreclosure short sale market.

And I asked him, I said, ‘So when should somebody call you like in your Paralegal Services with Divorce the same answer is going to apply, same with the Real Estate Agent, when should they call you?’

He said, ‘At the very first sleepless night. Whatever it is Divorce, Bankruptcy, issue with the house or the kids, that’s when they should first contact me.’

So at the very beginning whenever you’re just speaking about Divorce that first sleepless night they should be making a few phone calls, talking to the Paralegal to get the Divorce started if in fact that’s what they decide.

And at least sitting down with an agent and getting a game plan together, so, they can explain to you how the process is going to play out.

We’re not there at that initial meeting to sign.

Tim: Yes.

Connor: And a lot of times couples don’t want to be together. That’s another thing that should be asked by a Real Estate Agent because some of them they get together.

And it’s like throwing a chlorine and oil. I mean the thing just goes nuts and boils up and everything else.

Tim: Yes.

Connor: But yes, if that first sleepless is when they should at least one of the parties.

Tim: So early on the process is about where to go?

Connor: And then it’s going to be. And another thing too Tim, is it’s not going to be a fast process because in that particular point they haven’t even decided.

Tim: Right!

Connor: And I would say probably 70% or 80% of that point aren’t even going to go with it, at least within the next year.

And there’s going to be periods of working that out and going to this sort of this honeymoon stage.

Tim: No!

Connor: Now we’re back in the same crap that we were before and he promised to change or she promised and so on.

Tim: Yes!

California Divorce – Should You Sell Your Home During Divorce

Posted by Tim Blankenship on

California Divorce – Should You Sell Your Home During Divorce

Tim: Well, I’m glad you came out because part of what we do is making sure that the people that come to us have the information and resources available.

We bring up things that they probably don’t even know or something they need to think about. So if you do want to file for Divorce you don’t need to do that.

But they haven’t thought about all the other things that are involved with this.

So selling their home or potential for needing Mediation are all leading to Bankruptcy and all these things can kind of intertwined with.

It’s just depends on what’s going on. I’m so glad to have you as resource for folks who they can call and I can say, ‘Call Conner. Let’s talk about your options.’

You need to find out your appraisal informations and there are lots of stuff that has to go into this in getting the agreements and all that.

So that’s it. I want to talk about the three options. I came up with three, I put three options and then I added a fourth.

So four options–

Connor: Excuse me.

Tim: They can either sell, right? They can refinance.

Connor: Okay.

Tim: They can keep their existing mortgage.

Connor: Right.

Tim: Right? One can kind of stay there and pay the existing mortgage and there’s reasons why they may want to do that.

Well, they can sell it at the later date. So maybe we can talk about each of these options. I kind of do the slide for each one.

So selling your home during Divorce.

Connor: Important with that process is everybody again with each one of these potential outcomes that you’ve described here.

First part, of course, we need mutual agreement by all parties. If the parties can’t get together then we can talk to the party separately or maybe over the telephone together.

But everybody needs to hear what’s going to happen—

Tim: Right.

Connor: …on what the process is going to work. So as far as selling it only takes one signature from one of the parties to start the process.

However, to finish it both parties have to be in agreement. Both parties have to sign everything.

Tim: That’s assuming they’re both on the loan and on title?

Connor: Correct.

Tim: Correct?

Connor: Correct.

Tim: Now what if only one is on title?

Connor: It’s still going to come down to the loan.

Tim: So the loan depends on? So both can be in title if only one’s in the loan that you can sell it with one signature?

Connor: No, you still need both.

Tim: You still need both, either way on top of that —

Connor: We’re going to look on title. That’s going to be the first thing. And I have to correct myself.

I apologize. However, title lender that is going to go contract. Those are the signatures we need.

Tim: Okay, so it’s title, not the loan?

Connor: I apologize, that’s correct.

Tim: Okay.

Connor: Now the other thing and this is interesting whenever you’re in Escrow or you start that process what I show on title could be different than what’s actually there.

And the only way to verify that is pulling something called preliminary title which is what Escrow does.

Tim: Okay.

Connor: They typically don’t do that until you’re a little bit deep into the process because it costs money.

Tim: Right.

Connor: And they want to kind of make sure. But if things change that addendums have to be drawn up establishing the other people that have to be a part of the contract and then they have to be spoken to as well.

Tim: Okay, sometimes selling the home and making that decision is their only option. They can’t refinance.

Maybe they don’t qualify. And that we’ll talk about those in the other slides.

Hopefully, there’s equity. And we had cases where there’s equity. We have cases where there’s no equity.

And they just have to short sale that and they fall into that other options of maybe just having them stay in the home.

It just sometimes it’s not up to their mutual agreement. It’s based upon their circumstances financially or otherwise.

 

 

 

California Divorce – Can Parties Agree To Keep House And Sell Later

Posted by Tim Blankenship on

California Divorce – Can Parties Agree To Keep House And Sell Later

Connor: The same thing with a quick claim deed.

Tim: Yes, it’s going along.

Connor: Yes, other people and that’s another thing too. Some people are misadvising their clients or in Real Estate and say, well, you can pull the spouse off with the quick claim deed.

Tim: Yes.

Connor: But that doesn’t fix it with the loan.

Tim: No!

Connor: So the cleanest break you would ever had, would be just get rid of it, sell it.

Tim: Or refinance it completely out.

Connor: Absolutely! If one of the party is capable and one of them wants to stay in the house, absolutely!

Tim: I have to say, we’ve had a lot of clients just of financial reasons, quick claim off the house and just take the risk of being on the loan.

And just because they don’t want to short sale and ruin their credit and the mortgage were still a lot less than—you know what I mean?

Connor: Sure.

Tim: That they can make that mortgage payment, the other spouse staying in there. And so the credit and they could stay in there.

But I’m telling you the risk is that if they default, you need to come up with some way of making sure that, that payment would be made either they send you a copy of checks being cashed or some way of verifying just trust your ex to do the right thing.

Connor: Some people I have to look at my own situation. At this point, I would trust my wife of 23 years probably.

Tim: Most likely!

Connor: Yes, most likely to do that. And again, there’s a lot relationships. I know you see it too.

Tim: Yes.

Connor: I mean the spouses are so friendly, it’s almost weird. It’s like they’re both about to give released it from prison.

And they’re willing to do whatever it takes. And there’s no argument at all. But I think that’s the smaller part of the people that get Divorced.

Tim: Yes. Alright, let’s talk about keeping the existing mortgage and letting in your spouse stay. We kind of attest on this a little bit.

We actually attest on it a lot. If the spouse stays in the house, it was not refinancing just staying on that same mortgage, there’s that risk involved.

Connor: And the other things too, let’s say there’s only one party that’s on the loan maybe the other spouse could consider writing up a lease agreement for them.

Actually doing it official, but it’s a sticky situation.

Tim: I don’t know. Make sure we understand that.

Connor: Well, let’s say one of –

Tim: Oh, the one who’s on the loan!

Connor: Absolutely!

Tim: Makes lease to the other.

Connor: They could write up an official agreement stating this is what the monthly amounts going to be. This is when it’s due. This is your part of the obligation with the up keeping the house.

You’re not to sub that rooms, whatever that maybe to try to supplement income because now instead of one eviction, if that’s the way it happens to go and see that’s your enforcement mechanism in contract –

Tim: Got you!

Connor: Instead of one, now all of a sudden if they’re renting rooms out to five or six different people, that’s a $50,000 bill all day long to get all these folks out.

Tim: Yes, we’ve seen that happened once. Now we don’t get those types of crazy cases in our office but we’ve had people to do that.

It is funny when you’re just talking, you remind of a certain scenarios when we had someone, both on the home, both on the—you drop your mic?

Connor: Yes.

Tim: Both on the home and both on the loan and title and one spouse had moved out. The other one stopped paying the mortgage.

And so it was in default. Then they filed bankruptcy, so, we could delay it even further.

And all the while, renting out all the rooms and sections of the living room, he had like six people paying them 500-600 bucks a month.

So he’s making 3,000 or 4,000 a month.

Connor: Wow!

Tim: A month and not paying mortgage.

Connor: What a nightmare!

Tim: Until the last we heard in two years he’d been doing this. So it’s just crazy.

And all the while we get the spouse versus team who got the judgment to sell the house. And now he’s squatting and he won’t move out.

So we got those types of issues as well. So alright, let’s see what else we got here.

Oh, I want to talk about evaluation.

Should You Change Insurance Companies After Divorce

Posted by Tim Blankenship on

Should You Change Insurance Companies After Divorce

Tim: It’s a good time for a new quote anyways.

Jon: Right!

Tim: Now were you saying earlier that we should move change companies? How do you describe it?

Jon: Which you might consider.

It depends on how well you know your Insurance Agent or Broker or the Insurance Company that you are with because a lot of times what will happen is, since your house hold together that when it gets split apart, not everything within the insurance companies is always going to be picked up correctly.

So as a result, you still may have some of your personal stuff going to your ex-spouse. I had dealt with this with Divorce couples where they are very adamant.

I don’t want anything about me going to him…

Tim: Right.

Jon: … or anything about me going to her. And so one thing to consider is that if you’re going to that process is maybe taking it to a different carrier or maybe just to a different Broker if you want to stay with the same carrier just to eliminate the chances of that information being found.

One thing that you’re going to run into is when you split up the house like that or split up the cars, you may find your rates changing a little; examination bit.

And the reason is most companies give discounts when you have multiple cars with them while when you split it out and become two separate accounts then what happens is that discount falls off.

So it’s another reason to look for quotes at that time or look for the coverage just because all these things are happening at once.

It’s just a perfect time to take a look.

Tim: So the company has made about staying with the same changing carriers but staying with the same Broker?

They can do that through one of these companies like I had before. But with you, they can keep you as the Broker changed carriers?

Did I understand that correctly?

Jon: Yes, I don’t want to mislead anybody.

Tim: Yes.

Jon: You, if you’re with a company and I don’t want to mention names a state farm farmers, you all state, that the big companies out there.

All those companies allow you to change your agent if you want to change your agent that helps split apart your household.

Tim: Okay.

Jon: As a Broker, you can do the same thing. What a Broker will allow you to do those maybe see about changing that company all together…

Tim; Got you.

Jon: …if there’s a better deal for you. Some companies are better if you have kids on the policy.

When of you’re single without the kids on the policy, there maybe a better option for you as a single individual than there was with a family as kids.

So those are the sort of things that the Broker can bring to the table.

Tim: Got you! Well, that’s very good.

Santa Monica Divorce Process – Santa Monica Divorce Service

Posted by Tim Blankenship on

Santa Monica Divorce Process – Santa Monica Divorce Service

Today we’re talking about how to file Divorce papers, how to start your Divorce in Santa Monica.

We get a lot of calls from individual Court House locations because there’s a Court House in Santa Monica.

We filled a lot of calls, basically saying, ‘Tim, how do we start the Divorce process? I saw you online. We’re interested in using your service but how does Divorce works?’

So we’re trying to answer those questions for the people going through Divorce or considering filing for Divorce in Santa Monica.

So if we look at the bare, the grass roots of things how to file for Divorce, it’s a matter of filling out a couple of forms and getting a case number issued from the court.

Specifically, we’re talking about filling out a petition, a summons. And in LA County you have what’s called a Jurisdictional Form.

And if you have children, there’s another form that you fill out for children. They want to know, where the children lives.

So it’s actually quite simple to start a Divorce case to file for Divorce. There’s very little information you need.

I’m talking about your name, your spouse’s name, where you guys live, date of marriage, date of separation, the names and the date of births of your kids and a basic idea what you want for custody and visitation and spousal support.

And really that’s it. You barely need very little information to start a Divorce in Santa Monica.

And it’ll only take one person to start. You don’t have to have both people to agree or sign.

It’s a one person fills out the initial paperwork, you become the petitioner. You file the paperwork and that’s how you start a Divorce case in Santa Monica with those forms.

So I just want to let you know that’s the beginning phases of starting a Divorce of course there’s a lot that goes into filing for Divorce and completing the Divorce in Santa Monica, but that’s how you get for the case started.

If you have more questions or you want to talk more about using our affordable, flat fee services, our Paralegal Firm serving Santa Monica, give us a call.

The number is on your screen, 661-281-0266, I’d be happy to give you free consultation.

Let you know what we can do for you. And help you with your Divorce in Santa Monica.

 

Santa Clarita Insurance Service Jon Gardner JSG Insurance

Posted by Tim Blankenship on

Santa Clarita Insurance Service Jon Gardner JSG Insurance

Tim: Hi, this is Tim Blankenship with Divorce661.com. Today, we’re talking with Jon Gardner with JSG Insurance.

Today, we’re talking about Insurance and Divorce and the various issues that need to be address when going through Divorce in California and insurance issues you should look at.

We’re going to be talking about topics on Auto, Home and Life.

So welcome, Jon, thanks for being here today.

Jon: Thanks for having me. I appreciate it.

Tim: Absolutely! So why don’t we start by just introducing yourself and tell us about your company. Give us a really diverse background and recently you’ve gone out on your own.

Jon: Yes.

Tim: Since?

Jon: So, yes, I have 25 years of experience within Insurance Industry.

The first 10, 12 years, we spent working with the Insurance Company at the corporate offices like I have to run the business from the inside out.

And then I went out and became an agent for a Captive Company, so, I could only sell one insurance for one company at that point.

And a year ago, I went ahead and made the decision. And I started all over again as a Broker.

And as a Broker, now I have the opportunity to represent more than 30 different companies for my clients.

So whatever my client might need, I’m in a good position to find the right product to the right pricing in order to help them.

So with the internal experience and the different and now only my agency for close to 13 years, I’ve been in a pretty route where things are at.

Tim: That’s good.

Jon: Yes.

Tim: Everything that you generated at this point is rolling.

Jon: Right. As a Broker, I’m not beholding to anyone company. I can do what really and what’s best for my client versus what’s best for the company.

Tim: Right. And that’s how we got connected because I was looking at moving, I kind of like my annual premiums we’re doing on businesses insurance and I was just talking to folks and you’ve been out here for gosh a long time.

Jon: I’ve been out here for 13 years.

Tim: So you were able to give us some of the pricing on because of your current job. So that was—

Jon: For shopping we also found some coverages you didn’t have that were pretty important that we were able to get that for you as well.

And that’s what we tried to do is, try to do a side by side comparison. And find either a better rate for the coverage you have or better coverage for the same rate.

Tim: Right. And more importantly your price is important but so as service.

And for me that was one the most important because I was coming from which called a franchise type company.

Jon: Yes.

Tim: Is that how do you describe it?

Jon: We call it Captive Companies.

Tim: Captive Companies and they just have one product, one price and get what you get.

And with you even I think for one of my insurances like my workers camp or the price was up a little bit but to be honest with you I was willing to pay that for the level of service.

I’m just having someone local someone to call.

Jon: Right.

Tim: But additionally I think we’ll grow into that as far as —

Jon: Absolutely, you will!

Tim: That was the important that I may [inaudible 3:01] with you.

Jon: What is next to deal with somebody locally and you don’t have to call an 800 number for example

Tim: Right.

Jon: There’s somebody that cares out there. We also have staffs.

So if you called my office now and I’m here, there’ll be somebody there that could help you with 90% of what you needed as well.

So we have a pretty quick turn around. And we just want to help people in that way.

Tim: Yes, that’s great!

 

 

Refinancing Your Home During Divorce

Posted by Tim Blankenship on

Refinancing Your Home During Divorce

Tim: So that’s option number one, selling the house. Option number two, we have refinancing your home during the Divorce.

Connor: Yes.

Tim: What we find, we need to catch you up?

Connor: No.

Tim: Just from our perspective is, two things. One spouse usually wants to stay in the home. But usually because of they have their kids and they want to continue raising their kids—

Connor: School—

Tim: In the house and in the school and they’re trying to keep a little bit of normal scene.

But the issue they run into is, does that single parent have the financial ability to refinance in their name?

After one of the spouse wasn’t working obviously that’s not the case. If it’s the working spouse, perhaps they can qualify it for refinancing.

And of course, taking into other factors that finances is available. There’s equity in the home and so forth as the negative equity scenario.

So that’s some of the things we come across where, ‘Tim, I want to keep the home but I can’t afford to refinance on my own.’

Stay in the home and the husband can make the mortgage payment or the spouse can make the mortgage payment you can get kind of convoluted.

So do you see those types of things from the transactions you’ve had?

Connor: It does happen quite a bit. And a lot the people that are purchasing houses there are two income deals.

So I have one of them trying to pull out and be able to take this house and have it refinance so the spouse’s name is nowhere in association with it.

A lot of times, it’s an impossibility!

Tim: Right.

Connor: It can’t happen. And just like you stated which is really important, you need that equity there. You have to qualify for the whole deal.

Tim: Right.

Connor: All pie! So that’s refinancing, some do want to stay. A lot of times though, I would say 85-90% it just can’t happen?

Tim: So that it’s going up in a sale?

Connor: Absolutely!

Tim: Most of the time?

Connor: The other I know, it might be, I don’t know if we can talk about it here maybe part of one of your slides but some of them also think about renting the property out or leasing the property.

Tim: Okay.

Connor: And but again when that comes to the play, we can help you with that. But usually in Divorce people just want to break.

I mean they want to get that thing cut right down the sooner they wanted and just move on. Now you have a property.

Now you have to still communicate with the ex and discuss issues pertaining to property, rather than paying rents, is there damage in the property, is the lawn dying,  did they move pets in there when they weren’t supposed to, lots of things.

So that comes up too. But again, we’re there just like you are there to serve the clients.

And also believe what they want to get but they need to go in armed with all the knowledge.

Tim: Yes, that makes sense. In refinancing if one party is going to stay in the home, refinancing is probably their best option?

Because sort of that if you’re on both parties are on the loan, both parties are on title and you give that property to your spouse and they’re going to live in refinancing, if they don’t you’re still entitled.

You’re still on the loan. And if the default, I mean you’re going to go down with them.

Connor: Absolutely!

Tim: Right, because you’re still entitled to the property. One thing I’d like to add to that real quick is the agreements that you make with the court, let’s say you get a court order, you guys come to an agreement that spouse is going to keep the house.

And you’re not going to refinance because it’s not possible. And they default on the loan.

You can’t take your court agreement that is signed by the judge and say, ‘Look Bank of America, I don’t have—and your lives are actually more–

Connor: ‘I’m free and clear because the judge said it.’

Tim: Right.

Connor: So now this isn’t going to impact me when I want to go out there and buy something out, yes!

Tim: It doesn’t work that way. So despite the agreement you have with your spouse in the court and the judge signed off on it.