The Importance of Hiring a Litigation Lawyer

So, you’ve decided to start your own business. There are many things to consider. How should I set up my company? Do I need a license to operate? But, without an experienced professional advising you, you may make the wrong decisions which can adversely affect your business. Perhaps you’re a current business owner who’s having a dispute with a partner, involved with a breach of contract claim, or trying to negotiate a contract. You might need the services of a Santa Ana Business Lawyer to ensure your interests are protected.

Even if you have a successful business and everything is running smoothly, there are other aspects that may need attention. In his practice, Santa Ana Business Lawyer, Ashish Patel represents clients in many business-related matters including:

• Business/Civil Litigation
• Corporate Formation / Business
• Incorporation

   

• Business Organizations
• Contracts
• Asset Protection

Perhaps you currently run a business and you find yourself in a situation beyond mediation and negotiations, you may be considering litigation, but you’re not sure if your case is strong enough. Ashish Patel is a Business Lawyer in Santa Ana who specializes in civil and business litigation. Here are some factors he uses when evaluating a client’s case. First, says Mr. Patel, he listens to the client’s factual statement. Second, he reviews their evidence, such as communications (mostly written) records, financial records, and any other documents they have to determine the strength of their case. Additionally, depending on the nature of the dispute, Mr. Patel will determine if there are any witnesses. That way he can decide the best strategy for a client’s case.

Or, maybe you need an attorney, who understands business, to sue those certain businesses, like banks and mortgage brokers, who have engaged in questionable practices like lending money for homes to people they knew would be unable to re-pay the loans. Many unscrupulous lenders targeted the elderly or minorities reassuring them that they would be able to refinance their mortgages when the adjustable rate mortgage went up only to resell the bad loans to investors. This resulted in many homeowners to be foreclosed on when they were unable to make the mortgage payments. Holding the lenders accountable is known as lender liability. Mr. Patel represents homeowners who have been victimized.

Starting or maintaining a successful business can be challenging. You don’t want to go into negotiations or court alone without an experienced Santa Ana Business Lawyer. For a complete list of legal services or to discuss your situation and what options you may have, contact Ashish Patel at the Law Office of Ashish Patel.

 

If you need a litigation lawyer you can trust in Santa Ana, CA, consult The Law Office of Ashish Patel. Attorney Patel has been practicing contract law for over 10 years. He’ll work hard to represent your best interests during your litigation case.

Getting reliable legal assistance shouldn’t be impossible-attorney Patel offers top-quality legal counsel at reasonable rates. Call now to make an appointment.

 

TRUST A SEASONED LITIGATION LAWYER TO ACHIEVE THE BEST OUTCOME

How can you be sure your voice is heard? Consult attorney Patel if you need a litigation lawyer to handle any of these cases in Southern California:

• Foreclosure litigation
• Immigration litigation
• Corporate litigation
• Franchise litigation

Contract law is complex. That’s why you need a qualified litigation lawyer to help you through the process. If you’re ready to take legal action to fight a foreclosure or immigration order, reach out to attorney Patel today. Call 949-257-4130 to schedule a consultation.

Eviction Law in Southern California

Most tenants facing eviction are being removed for nonpayment of rent. Others may face eviction for a variety of reasons, including violation of lease terms, creation of a health or safety hazard, or even a personality dispute with a landlord.

Landlord and tenant law and the laws governing the eviction process may vary significantly between jurisdictions. Some generalities apply in most jurisdictions however. If you are facing eviction you should check with a lawyer or tenant’s union in your area, so you can learn the specific laws that apply to your situation.

A GUIDE TO CALIFORNIA EVICTION NOTICES

If you are a landlord considering or needing an eviction in Santa Ana, CA you need to know what type of eviction notice to serve your tenant before you can file an unlawful detainer and begin eviction proceedings.

California law requires that you need to serve an eviction notice before you file an eviction lawsuit to get your property back. Be aware however, that if your lease or rental agreement specifies a longer period for the tenant you must abide by the leases terms subject to certain exceptions discussed below…

1. WHEN TO USE A THREE DAY NOTICE TO PAY RENT OR QUIT

A three day notice to pay rent or quit is used when your tenant has failed to pay rent when it is due.

A three day notice must contain and ONLY contain the exact amount of rent due but must also include information such as who to pay rent to, what person to deliver the rent to, the name and phone number of a person that is authorized to accept the rent, the usual days and hours that person will be available to accept rent. This notice should be addressed to the tenant and signed by the landlord’s authorized agent as well have the address of the premises the tenants are occupying it on it as well.

Eviction law is very technical and a three day notice cannot include late fees or other charges and not overstate the amount of rent due. A three day notice that overstates the amount of rent due will preclude you from evicting your tenant and if the tenant has an attorney could possibly have you be paying the tenants attorney’s fees and court costs if the tenant shows the notice was overstated. Also, if your property is under rent control you must follow all applicable laws relating to the rent control ordinance or the tenant may be able to claim a defense to the eviction by your non-compliance. If you live in a rent controlled jurisdiction ALL laws relating to rent control must be followed.

Remember evictions are for the recovery of real property so the law in California holds that you must strictly adhere to the requirements of notice to your tenant before you are allowed to evict them. The tenant is entitled to a trial if they contest the eviction on even issues such as service of an eviction notice. Trial can cost valuable time and money so it is best to make sure your notice is correctly filled out and served.

2. WHEN TO USE A 30 DAY NOTICE OF TERMINATION OF TENANCY

A thirty day notice to quit is to be used when you have a tenant who is on a month to month tenancy and has occupied the premises for LESS than a year.

It must contain a clause at the bottom of the notice that states the tenant is allowed to reclaim their abandoned property.

You cannot use a thirty day notice if your tenant is on a fixed term lease that hasn’t expired.

For example, if your tenant is on a year lease and is only 6 months into the lease and you want to evict them, serving a 30 day notice will not terminate their tenancy.

Also, keep in mind that if you are in a rent control jurisdiction, it may not allow the use of a 30 day notice to terminate a tenant’s residency. The jurisdiction may require just cause for eviction and a 30 day notice may not permitted.

A 30 day notice is also used to terminate a month to month tenancy that is commercial even if the tenant has resided there for over a year. Note that this only applies if your commercial tenant is on a month to month tenancy. If your commercial tenant is on a fixed term tenancy you will need a reason such as failure to pay rent or breach of a lease covenant to evict.

3. WHEN TO USE A 60 DAY NOTICE OF TERMINATION OF TENANCY

A sixty day notice of termination must be used to terminate a month to month tenancy that is residential if the tenant has resided at the premises for over one year. No reason must be given for serving such a notice, but you cannot accept rent for the notice for any period after the notice expires.

A sixty day notice of termination must also have the clause that abandoned property can be reclaimed by the tenant.

Similar to the 30 day notice, if you are in a rent control jurisdiction, it may not allow the use of a 60 day notice to terminate a tenant’s residency. The jurisdiction may require just cause for eviction and a 60 day notice may not permitted.

4. WHEN TO USE A 90 DAY NOTICE OF TERMINATION OF TENANCY

A 90 day notice is the notice usually needed to terminate a tenant who is receiving government subsidized housing such as Section 8. Section 8 must be notified of the termination and the notice must be served on the tenant.

You cannot collect rent after the 90 day notice expires and if the tenant is still in possession after expiration you must file an eviction lawsuit to get back your property.

5. WHEN NO NOTICE IS REQUIRED TO TERMINATE A TENANCY

No notice is required to terminate a tenancy when the tenant is on a fixed term lease and the lease expires. You cannot accept rent for any period after the term of the fixed term lease or else the lease becomes a month to month tenancy subject to the notice provisions above.

If you accept rent after a fixed term tenancy has expired all of the covenants in the lease still exist but you will have to serve a 60 day notice to terminate the tenants tenancy if the lease was for a year or more, or a 30 day notice to terminate the tenancy if the lease was for a year or less or it was a commercial tenant.

In conclusion, there are other notices that can be served and other grounds for eviction such as post foreclosure notices but they are outside the scope of this article. Be aware that landlord tenant law in California changes often and staying up to date whether you are a landlord or tenant is of utmost importance.

Depending on where you are in the eviction process, different options and outcomes may be more attractive to you than others. As always, it is best to consult with a qualified and experienced Santa Ana, CA based eviction attorney in order to assess the proper course of action for your own unique situation.

Making the decision on how to prosecute or stop an eviction isn’t an easy one, and hiring an attorney who specializes in it can help. For a free consultation to weigh your options, you can contact Ashish Patel.

THE FORECLOSURE PROCESS IN CALIFORNIA

The foreclosure process in California can be confusing, intimidating, and stressful. However, knowing in advance how this process works and typically plays out can give you the peace of mind necessary to make rational decisions about your property’s future. Understanding the California foreclosure process timeline is key to getting perspective on your situation and options.

We will breakdown exactly the way California foreclosures unfold, so that you can arm yourself with knowledge of your rights as a property owner.

Step 1: Notice of Default

The Notice of Default (NOD) is the first step on the part of the lender to initiate foreclosure actions. The Notice of Default in Santa Ana, CA is recorded once the borrower fails to meet the agreed upon terms of the loan. Typically, this simply means missing a payment, although in practice the NOD period extends for 90 days before the lender officially moves to the next step in the process. At this point, the property is considered to be in “pre-foreclosure,” and the homeowner may receive a notice through the mail with a projected sale date.

Step 2: Notice of Trustee Sale

As soon as 90 days have passed from the NOD being recorded, the lender can then issue a Notice of Trustee Sale. Unlike the NOD, which is essentially a courtesy window to allow the borrower to become current, the notice of sale in Santa Ana is an actionable notice. It serves as a declaration of intent to sell the property at auction right out from under the homeowner.

Step 3: Auction

Depending on a variety of factors, the actual auction date for the property can vary widely. Technically, however, the lender/trustee only needs to wait 20 days after the Notice of Trustee Sale has been issued. However, there are several ways to postpone the actual auction, and many homeowners don’t face their actual sale date for about a year after the initial date.

Step 4: Aftermath

There are four main outcomes that can follow the auction phase of the foreclosure process: postponement, cancellation, sale to bank, and sale to third party. Let’s look at each of these outcomes and what they mean for the property owner.

Postponement – If you are able to secure a postponement (usually with the help of a foreclosure attorney), a new auction date is set and the process starts all over again. A postponement can be sought for a number of reasons: to simply buy more time in the property before moving; to give yourself more time to restore your finances and become current; or to prolong the window for formulating a legal strategy to fight against the foreclosure.

Cancellation – There are several reasons why an auction sale can be cancelled entirely. For example, the owner may decide to initiate a short sale of the property. Perhaps a loan modification was agreed upon at the last minute. At any rate, a cancellation is typically good news for the homeowner, but it doesn’t necessarily mean that they get to keep the property when all is said and done.

Sale to Bank – A frequent outcome of the auction sale is that the lender is the only one to bid on the property. Often, the home will go right back into the lender’s possession. In this instance, it is sometimes possible to regain title after the sale — usually with the help of an aggressive and experienced foreclosure attorney.

Sale to Third Party – Properties in foreclosure are often attractive to third party buyers who seek to capitalize on the distressed nature of the property in order to get a good deal. In these cases, it is usually impossible to regain title to the home, despite the third party needing to follow rigid guidelines regarding treatment of the previous owners.

Depending on where you are in the foreclosure process, different options and outcomes may be more attractive to you than others. As always, it is best to consult with a qualified and experienced Santa Ana, CA based foreclosure attorney in order to assess the proper course of action for your own unique situation.

Making the decision on how to stop a foreclosure isn’t an easy one, and hiring an attorney who specializes in it can help. For a free consultation to weigh your options, you can contact Ashish Patel.

Home foreclosures have increased dramatically and unscrupulous lending practices have been behind some of the circumstances that caused hardworking people to lose their homes. The Patel Law Group of Santa Ana, California, is experienced in mortgage litigation and is here to help you.

Allow The Patel Law Group to fight for you. We have a well-deserved reputation for representing individuals and against big businesses that try to gain unfair advantages. If a lender harmed one person or one family, chances are that lender harmed hundreds or even thousands. We have the resources and the passion to file and litigate lender liability lawsuits.

If you would like more information, or would like to discuss your situation with a skilled mortgage attorney, please contact us today. We represent clients throughout Southern California.

Sage Advice

Here’s what our founding fathers and others had to say about property rights. These notable quotes still ring true today.

“Among the natural rights of the colonists are these: First a right to life, secondly to liberty, and thirdly to property; together with the right to defend them in the best manner they can.” – Samuel Adams

“Property is surely a right of mankind as real as liberty.” – John Adams

“No power on earth has a right to take our property from us without our consent.” – John Jay

“As a man is said to have a right to his property, he may be equally said to have a property in his rights.” – James Madison

“A right to property is founded in our natural wants, in the means with which we are endowed to satisfy these wants, and the right to what we acquire by those means without violating the similar rights of other sensible beings.” – Thomas Jefferson

“Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their death.” – James Madison

“All men are created equally free and independent, and have certain inherent rights, of which they cannot, by any compact, deprive or divest their posterity; among which are the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing the obtaining of happiness and safety.” – George Mason

“To take from one because it is thought that his own industry and that of his father’s has acquired too much, in order to spare to others, who, or whose fathers have not exercised equal industry and skill, is to violate arbitrarily the first principle of association – the guarantee to every one of a free exercise of his industry and the fruits acquired by it.” – Thomas Jefferson

“Ultimately property rights and personal rights are the same thing.” – Calvin Coolidge

“The right of property is the guardian of every other right, and to deprive the people of this, is in fact to deprive them of their liberty.” – Arthur Lee

“Just as man can’t exist without his body, so no rights can exist without the right to translate one’s rights into reality, to think, to work and keep the results, which means: the right of property.” – Ayn Rand

“Next to the right of liberty, the right of property is the most important individual right guaranteed by the constitution and the one which, united with that of personal liberty, has contributed more to the growth of civilization than any other institution established by the human race.” – William Howard Taft

“If history could teach us anything, it would be that private property is inextricably linked with civilization.” – Ludwig Von Mises

“The reason why men enter into society is the preservation of their property.” – John Locke

“So great moreover is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the general good of the whole community.” – William Blackstone

“The system of private property is the most important guaranty of freedom, not only for those who own property, but scarcely less for those who do not.” – Friedrich Hayek