Episode Transcript
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Speaker 1 (00:01):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 2 (00:09):
This is Handle on the Law Marginal advice, where I
tell you you have absolutely no case. If you're injured
and need a lawyer, go to handle on the law
dot com. And if you're a lawyer and want to
join our team because people desperately need your help, go
to handle on the Law dot com and click on
the join today tab at the top of the page.
Speaker 3 (00:28):
The following is up be recorded program.
Speaker 2 (00:32):
Another one out of California, and this one is boy
it hits me personally?
Speaker 3 (00:36):
Or did hit me personally?
Speaker 2 (00:38):
And that is the state bar right taking the exam
to be licensed as the lawyers is trying to dig itself. Now,
this is the state bar is trying to dig itself
out of this financial hole by revamping the bar exam
and allowing it to be taken remotely rather than in
these huge auditoriums. Like I took the bar, and I
(01:00):
took it at Long Beach Arena.
Speaker 3 (01:02):
This is a lot of years ago, and I don't know.
Speaker 2 (01:05):
There were eighteen hundred two thousand people in tables on
the floor and proctors were walking up and down, and
you wrote the bar there was another room where you
could type the bar, and in my room it was
I was doing it handwritten, which a lot of people
do because I've still never been able to type. And
it was a god awful mess in the sense that
(01:26):
it was very, very difficult. I told students when I
graduated law school, and I would go to colleges on
behalf of my law school and prospective lawyers law school
applicants would say.
Speaker 3 (01:38):
Bill, is the bar as hard as they say it is?
I say it is worse.
Speaker 2 (01:45):
It is three days of utter hell, and the pass
rate I don't know how high it is now.
Speaker 3 (01:50):
When I did it was under fifty percent. It was
no fun at all.
Speaker 2 (01:55):
So the bar, instead of you have to go and
personally do it, there is a plan to do this
remotely with some safeguards. There'll still be proctors and there'll
be all kinds of safeguards that you can't cheat.
Speaker 3 (02:08):
And I don't know how that works.
Speaker 2 (02:10):
And there is There are three different parts of the
bar essay questions where you are asked about a fact situation.
You know, George and his car driving now in the
street is going too fast, and then he hits a
telephone pole. He loses control and the telephone pole had
(02:31):
been poorly maintained and it fell over and it caused
someone who.
Speaker 3 (02:35):
Was on the wrong side of the road to have
an accident.
Speaker 2 (02:37):
I mean he goes And then then it says things like, okay,
discuss all the issues and the liabilities. That's your typical
that's your typical bar exam question. And then there is
the part of the multiple choice and there are four answers.
Speaker 3 (02:56):
You can choose ABC, D and E on a multiple
choice question. All of them are right.
Speaker 2 (03:01):
One is basically right, two is more right than one,
Three and four are so close that if it turns
out that fifty percent of the people go one way
or the other, they throw away the question. I mean,
it is a bear. And then there is where you
write a brief.
Speaker 3 (03:21):
Which I didn't have to do. They've changed it. The
point is it costs a ton of money to.
Speaker 2 (03:26):
Redo the bar, or to perform or to administer the bar,
and they're saying, we're losing our money, so now we're
going to make it easy. We're going to make it easier.
By the way, the questions are easier. I think it's
easier to become a lawyer, So are they going to
save money. Yeah, California Supreme Court has to okay this
because in the end, the California Supreme Court overlooks oversees
(03:48):
everything the state bar does. Yep, state bar. If you
ever want to be a lawyer and take the bar,
good luck to you. It is a bear, although it
may be less of a pair. Now, okay, let's go
ahead and take some phone calls.
Speaker 3 (04:01):
Jane. Hello Jane.
Speaker 4 (04:03):
So my brother in law has stolen over one hundred
and forty thousand dollars from my in law. He purchased
a car. And the way he did it not only
was it just using.
Speaker 5 (04:19):
The credit cards on whatever it is he wanted, but
he created several LLCs, some of which we knew about
because he's a realator.
Speaker 4 (04:27):
So there's one that has his name as the main LC.
Speaker 5 (04:30):
But then he created subsequent LLCs.
Speaker 4 (04:34):
That the family didn't know.
Speaker 5 (04:35):
About until well, actually.
Speaker 4 (04:38):
The family doesn't know. My husband and I know, and
we discovered that. And then when we looked at my
in law's billing statements, we found out that he was
sending money to these LLCs to mask it as like
a separate business. My brother in law still lives at home.
He also purchased a car. He purchased a Tesla earlier
(04:58):
this year, in March, using my father in law's identity.
My father in law had no idea.
Speaker 3 (05:04):
Okay, let me.
Speaker 5 (05:05):
Ask you this.
Speaker 2 (05:05):
Let me yeah, Okay, you've described this enough. Does anybody
call the police on this guy?
Speaker 5 (05:09):
Well, so that's that's the thing. We come from a
very traditional Egyptian family, where again, like I said, my
brother in law thirty still lives at home.
Speaker 3 (05:19):
Okay, all right, okay, so the police are off.
Speaker 2 (05:22):
How about suing him for the money or is that
off the table too because you come from a traditional family.
Speaker 4 (05:27):
Well, that's that's kind of my question. One of the
questions I had is what would happen if we sue
the LLCs?
Speaker 2 (05:37):
No, no, you sue him? Now, you don't sue the LLC.
It wasn't the LLC that committed the fraud.
Speaker 3 (05:41):
He did.
Speaker 4 (05:42):
But if we sue, if we sue him, is it
is it a chance? Is there a chance that he
would get in trouble with law enforcement? Yes?
Speaker 2 (05:50):
Well no, not if you know, No, not if you
don't not not if you don't report him or press
charges or call the police.
Speaker 3 (05:56):
Not at all.
Speaker 2 (05:57):
But also you're not going to get any money back either,
because guys like this, uh spend the money. I'm sure
he doesn't have the money in the bank where you
can grab it.
Speaker 6 (06:06):
He stuck it up.
Speaker 5 (06:08):
So another another caveat is he Lemon He had a truck.
It still has it in his possession, but Ram is
going to claim it. He Lemon lauded and now has
a settlement coming for about seventy to seventy five or
something thousand dollars. And so we're we're hoping that he
does the right thing.
Speaker 2 (06:26):
And well, you know, after he stole yeah, after he
stole all this money, you're hoping he does the right thing.
Speaker 3 (06:32):
By the way, was the car in.
Speaker 4 (06:34):
His name the the truck actually is he's a co
signer with my father in law.
Speaker 2 (06:40):
Okay, so okay, No, I don't care about co signers.
Who bought the car, not who guaranteed the car in
which name on that title?
Speaker 3 (06:50):
Who owns that car?
Speaker 4 (06:52):
I want to say it's either him or he transferred
it to one of his LLCs.
Speaker 3 (06:56):
Yeah, it's just pure fraud. It's just pure fraud.
Speaker 2 (07:00):
And if you don't want to go after him, I'm
sure you'll get a judgment against him probably, And you know,
I don't know what to tell you. You're going to
pay some money for a lawyer, and you're the'se going
to probably defend And this is a point where you
have a cultural issue where you'd rather, you know, take
(07:20):
it in the shorts. We'd rather lose one hundred and
something thousand dollars than call the police. Not that it
would help with the police, but at least if he
is convicted or plead, he owes the money.
Speaker 3 (07:31):
I don't think you're ever going to see the money
with people like this.
Speaker 2 (07:34):
And I have no idea why he's still living a
hall in the house after he's stolen money.
Speaker 3 (07:41):
Now did he still did he steal money from his parents?
Speaker 6 (07:44):
Yeah?
Speaker 3 (07:44):
Wow?
Speaker 2 (07:45):
And they still let him live at home? Yeah, Jane,
there's nothing you can do.
Speaker 3 (07:53):
The guy is stealing money from your parents. They're not
prepared to go ahead.
Speaker 2 (07:57):
I hope your parents at least have an smarts now
where he doesn't have access to any more money, because
he'll just keep on stealing money. You're basically inviting him
to steal money. Hey, just keep on stealing from mom
and dad.
Speaker 4 (08:10):
Okay, so they file bankruptcy, What what good is it?
Speaker 3 (08:15):
For them to because they owe so much money, and
so they used so your folks, your folks used Uh,
he used their credit.
Speaker 2 (08:26):
Okay, yes, they can file bankruptcy, but it depends on
when he did it.
Speaker 3 (08:31):
And here's the problem. Since you're letting him go.
Speaker 2 (08:33):
They filed for bankruptcy and he just keeps on doing
it and they can't discharge the bankruptcy. You know, this
is when culture sucks when you put family in front
of someone who steals money from their own family.
Speaker 3 (08:50):
Oh, you got to protect them. We're not going to
go after him now. You know it's your call. It's
your call.
Speaker 2 (08:54):
But unless you're willing to go forward, not talking globally,
your parents are willing to go forward, there's nothing to
do now, Mica. I can't give you any advice. This
is handle on the law. Welcome back to handle on
the law. Hey, Katie, welcome to handle on the law.
Speaker 3 (09:15):
Than you, Thank b.
Speaker 7 (09:19):
Hi.
Speaker 2 (09:20):
So I really like to go Yeah, but you know what,
I'm having a hard time hearing you. What's going on
with your cell phone? Are you on bluetooth? Because it's
just not a wonderful connection.
Speaker 6 (09:31):
How's this connected?
Speaker 3 (09:32):
So much better? Much better?
Speaker 7 (09:34):
Thank you?
Speaker 3 (09:35):
Yes man?
Speaker 6 (09:35):
Ok.
Speaker 3 (09:35):
Great.
Speaker 6 (09:37):
So I moved from Glendora down to San Diego area,
and I noticed that.
Speaker 8 (09:44):
The electric builds from a higher.
Speaker 6 (09:48):
Using the same amount of electricity there cost me about
two and eighty dollars a month versus in La County
was about half that amount. So I got solar Path
and was really happy when my bills were around fifteen
dollars a month for a few months, and then all
of a sudden I got hit with the electric bill
(10:09):
of five hundred dollars.
Speaker 3 (10:10):
And that's for a single month, for.
Speaker 6 (10:13):
A single month, and then the following seven hundred dollars.
Speaker 2 (10:15):
Okay, the month and the use of your electricity used
hasten changed?
Speaker 6 (10:22):
Nothing has changed, just me and my home. Awn, my
kids have recall it.
Speaker 2 (10:28):
Have you contacted the utility?
Speaker 3 (10:31):
I did.
Speaker 6 (10:32):
I actually sent them a letter certified mail, and they
claimed to not have received it, and so I emailed them,
talking to them on the phone. Their response is, well,
you just used that much electricity and you don't realize
it and that's not mathematically possible.
Speaker 3 (10:50):
Yeah, you have to go up to the food chain
on that one.
Speaker 2 (10:53):
Someone you know answered incorrectly because a utility that does
respond to something like this Uh, that's they have a
duty to respond and there's something either wrong with them
either with a meter there, which is probably the case.
Speaker 6 (11:11):
Yeah, they said, yeah, well you know, you're just using
that much. And finally, after several months of this, I said, well,
I'm not paying you anything until you change the meter out. Yeah,
that's they change the meter out. Yeah, you change the meter.
And this is the second part of it. They changed
the meter. My bills went back down to about fifteen
dollars a month, and then I asked them for a
refund for the months where they were charging me a
(11:34):
thousand dollars a month when it was actually the fault
of the meter obviously, and they refused to pay that back. Okay, no,
I just used that much.
Speaker 3 (11:42):
Okay, fair enough. So you make a formal claim. Okay,
you go on the internet.
Speaker 2 (11:47):
You've got a claim against the utility, and you make
a formal claim and if they deny it, which they
probably will. Although it's kind of weird because all my
experience with utility has been pretty good. As a matter
of act, I've had utility companies call me. For example,
the Department of Water and Power call me when my
(12:07):
water use was astronomical and they said, we think you
have a leak, and they and I did have a leak,
and then they waived a lot of the money. I mean,
they were just terrific about it. So I don't know
what's going on with your utility?
Speaker 3 (12:22):
What what are you?
Speaker 2 (12:23):
I mean, you moved from Los Angeles Department of Water
and Power I think does a great job.
Speaker 3 (12:27):
What utility are you under right now? Oh? San Diego
Gaston Electric?
Speaker 9 (12:34):
So am I yes?
Speaker 3 (12:35):
And that is the.
Speaker 2 (12:37):
Most expensive utility in the United States.
Speaker 3 (12:41):
I'm pleased to say yes.
Speaker 2 (12:42):
And that's a real real pleasure to go from DWP
to San Diego Gas and Electric.
Speaker 3 (12:50):
Isn't that special? Okay?
Speaker 2 (12:51):
So yeah, with that being said, you appeal. They may
turn it down, or you make a claim. They may
turn it down.
Speaker 3 (12:59):
Then you heal.
Speaker 6 (13:00):
It and they make a claim.
Speaker 3 (13:06):
There's probably a claim form you're making claim. Yes, you know,
they just you pull it off the internet.
Speaker 2 (13:11):
You know, you do the the Google search, you know,
put the you know, the ad words claim or you
go to their internet and you go claim form and
they did Okay, you did that and they denied it. Yes, okay,
now you appeal.
Speaker 3 (13:24):
Now you now you appeal.
Speaker 6 (13:26):
It Okay, that's what I don't know.
Speaker 2 (13:29):
Yeah, you have to appeal it, and then you put
in the same search words you have the right to appeal.
It's administrative decision and you always have a right to
appeal it. And uh, then you exhaust your appeals and
then I think you can take in the small claim score.
Speaker 3 (13:45):
Also, uh, make a complaint with the.
Speaker 2 (13:49):
PUC Public Utilities Commission, which they're that with a state.
So you've got some places to go. Now not paying
for the utility. Here's the fun part. Uh, they cut
you off, so you don't have utilities until you pay.
Speaker 3 (14:05):
So it's almost almost like you have no choice.
Speaker 2 (14:08):
But in that play making, Hey, I live by myself,
my kids are not there.
Speaker 3 (14:15):
You know, how do I go from fifteen dollars to
one thousand dollars?
Speaker 6 (14:20):
Yes?
Speaker 3 (14:20):
How do you do that?
Speaker 5 (14:22):
So?
Speaker 2 (14:23):
Yeah, and so I think you know, if during the appeals,
if you have to go through it the administrative lod judge,
which I think is the end of the appeal, you
actually file that, then you know you're talking to someone
who makes the decision. I mean, I think she should
be okay, but here what the problem is, you're probably
gonna have to pay until then, because they're going to
(14:43):
cut you off.
Speaker 3 (14:44):
What do you do?
Speaker 6 (14:45):
Well, yeah, I'm under a payment plan of two hundred
and fifty dollars a month, okay, last several months.
Speaker 2 (14:52):
Okay, So while that, while you're paying that, you're appealing
the whole thing, and then if you're right, you're going
to get a refine on all that crap.
Speaker 3 (15:00):
Should be okay, hopefully.
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Speaker 3 (16:28):
This is handle on the Law.
Speaker 1 (16:31):
You're listening to bill handle on demand from KFI AM
six forty.
Speaker 2 (16:38):
This is handle on the Law, marginal legal advice or
I tell you have absolutely no case. Jonathan, Hello, Jonathan, welcome.
Speaker 9 (16:49):
I inherited a property from my aunt in twenty twenty one,
who was on her deathbed. My loser cousin. First cousin
was living in the property free and she had sort
of assumed the mother role to him, and the provision
was she would sign the property over to me so
(17:10):
long as I paid property taxes and sewage so that
he could remain in the place as long as he
paid his own utilities. I agreed took control of the property.
She passed away a few months later. I've just been
paying away on this knowing that someday I'll get a
property that might be worth a couple hundred thousand dollars. Okay, So,
(17:31):
to everyone's surprise, my first cousin passed away about six
weeks ago, five or six years before his liver was
supposed to give out. I found in some notes that
my aunt had made, as well as the police report,
that the I should mention the next door parcel is
(17:55):
an undeveloped parcel and my aunt at the time that
she bought the house, which was a developed parcel next
door the property was sold by the same owner to
this person that bought the undeveloped parcel and my aunt.
That all happened within the same couple of weeks back
in July at twenty twelve. There was no wall, but
(18:18):
my aunt built a wall that's connected to the dwelling
on the parcel that I now own, all the way
around the other parcel and connected back to my house.
My nephew. My nephew, my cousin would park his cars there.
In fact, two cars that don't run are still there.
I went out to the property and sort of looked
(18:38):
at all of this, and here's the issue. While I
was there last week, I had the place of praise
because I want to try to figure out whether I
should fix it up and sell it or whether I
should do it as is, buyron, just get get the
hell out of this whole thing. This isn't sort of
a distant area called Arizona City. Okay, okay, So here's
(19:00):
the deal. The appraiser said, you can't sell this place
because you have to have a wall between the two properties.
I called the planning commission of the county that the
house is in. They said, yes, absolutely, and I said,
well it was sold this way to me, and they said, well,
our provisions of change, you have to build a wall.
I looked through the notes I found. I found the
owner of the undeveloped parcel. I called her and said, listen,
(19:21):
we're planning to sell the place. I'd like you to
pay for half of this. This is a wall that
will separate our parcels. It's of both of us. She
She told me to f off and hung up on
right and now refuses to answer anything. Okay, I decided
that I don't want to be friendly anymore. I talked
to someone.
Speaker 2 (19:38):
I'm gone. You know, Jonathan, this is going way long
on this. You're giving me an entire history.
Speaker 9 (19:44):
Here's my here's my question. I'll cut to the chase.
Here's my question. I don't want to pursue some kind
of adverbs possession. Do I have any right to get
that she connected a line.
Speaker 3 (19:53):
She connected a line to it in your place.
Speaker 9 (19:56):
She connected a line to my fuse box to power.
Speaker 3 (19:59):
Okay, that adverse connection. Just cut the line. You cut
the line. That's it. You're done.
Speaker 9 (20:05):
How about the How about the cars we've been parking,
which are out in the open, and we're using your property.
Speaker 3 (20:10):
That's not enough. Did you pay taxes on that property?
That is one of the the.
Speaker 2 (20:15):
Most important thing is that you paid taxes on that property.
And putting cars on that property is not living on
that property is one thing.
Speaker 3 (20:24):
So uh, you do not addverse possession.
Speaker 2 (20:27):
Uh.
Speaker 3 (20:27):
And you have to pay for the wall.
Speaker 9 (20:29):
I'm prepared to do that.
Speaker 3 (20:30):
Okay, she has Okay, So the answer is no.
Speaker 2 (20:33):
Basically, you're arguing that because they she stole energy from
you and because you've been parking there.
Speaker 3 (20:40):
That entitles you to own her property.
Speaker 9 (20:43):
That's adverts position. I was looking for a way to
snap back at her because she's not going to cut.
Speaker 3 (20:49):
The property, cut the cut the electricity.
Speaker 9 (20:52):
I will cut the electricity.
Speaker 3 (20:54):
That's all you can do. It's all you have to do.
And you're fine than that.
Speaker 2 (20:58):
Adverse possession, by the way, and brings up is an
interesting legal issue goes back in common law hundreds of years,
and that is if there is an abandoned property, and
that's usually the case, and someone goes and lives on
it and pays the taxes on it, and it's open
and notorious, which means basically everybody can see. And in
(21:20):
this case, at least Jonathan met those terms because everybody
could see he was parked on the property that was
open and notorious.
Speaker 3 (21:27):
But that's not enough. You have to meet a whole
slew of.
Speaker 2 (21:29):
Conditions for adverse possession and you can actually own the property.
Speaker 3 (21:33):
Not easy to do. Happens very very.
Speaker 2 (21:37):
Rarely, but it does, but just not even close in
this case. Not even close.
Speaker 3 (21:43):
Hell, Mary, welcome to handle on the law.
Speaker 9 (21:45):
My name is Mary.
Speaker 2 (21:46):
I have put okay, Mary, you have to be a
little louder and a little more succinct or a little
clearer on the diction, because I'm having a hard time.
You are not on a speaker phone, are you.
Speaker 9 (21:58):
No, I'm not.
Speaker 2 (21:59):
Okay, that's just yeah, Okay, just just get louder on me, Okay,
all right, go ahead, Mary.
Speaker 6 (22:06):
My home association is bothering to me so much. I've
been in six years, the first every two years to
increasing the prices, not home association fee for I for
extra thinks he's going to do it. The first time
I paid three thousand dollars. Now is the second time.
(22:27):
He keep asking to pay for five thousand dollars, four
thousand dollars more.
Speaker 3 (22:31):
Okay.
Speaker 2 (22:32):
And these are additions, okay, Mary, these are additional assessments
they're asking for correct, yes, okay, all right, So we're
asking for additional three thousand this time, five thousand this one.
Speaker 3 (22:43):
Okay. So what's your question?
Speaker 6 (22:45):
I did not pay it this time because I haven't
said retired.
Speaker 9 (22:49):
Just yeah, I don't care.
Speaker 3 (22:50):
I don't care. That doesn't matter, Mary, No, none of
that matters. Legally. You can be retired, you can have
no money.
Speaker 2 (22:56):
It really doesn't matter legally, Mary, What is your quest
is it can they do it? I understand what is
your question? If you're just telling me a story, thank
you and I'm gone.
Speaker 3 (23:09):
Do you have a question?
Speaker 6 (23:10):
My question is is it can't do that? Ah?
Speaker 3 (23:14):
That is the question. Can they do that?
Speaker 2 (23:16):
The answer is yes unless there is a general meeting, where,
depending on the CCNRS, usually a majority can vote it down.
And that's exactly what happened to my condo association.
Speaker 3 (23:30):
Are you ready for this?
Speaker 2 (23:32):
My condo association at my house just gave us an
assessment of and I'm not kidding you, twenty nine thousand
dollars per house and we went out of our minds
and it was a vote by a majority of the
association the homes that said, you are dreaming. It's not
(23:52):
going to happen because we voted because those are the ccnrs.
And what they did is bring it down to fifteen
thousand dollars and we voted okay for that one. And
then the other fourteen thousand dollars is up in the air.
Why because they needed a new guard shack at the beginning,
there's two of them in the community, and they had
(24:14):
to redo the entire entrance and they had to.
Speaker 3 (24:18):
Do the road because it's a private road.
Speaker 2 (24:21):
Leading up to it all and then being twenty nine
thousand dollars per home, did they have the legal right
to do it?
Speaker 3 (24:27):
Absolutely, because that's.
Speaker 2 (24:29):
What that's what the board of directors and the CC
of the homeowners Association can do. You can over you
can over you can override them with a vote. And
has anybody else complained, Mary, other than you?
Speaker 3 (24:43):
I don't know here you find out. Then you find out, Mary,
you find out. Your question is can they do it legally? Hell? Yes.
Let me tell you how thrilled I was when I
got the letter.
Speaker 2 (24:54):
It was snail mail letter that said, Hi, we've just
assessed every home twenty nine thousand dollars at our last meeting.
And can you imagine the response? And by the way,
it was a close vote to say no. And then
they came back and said, Okay, we'll just do this,
this and this, and it was still fifteen thousand dollars.
Speaker 3 (25:14):
Yeah.
Speaker 2 (25:15):
And then there was a bunch of other technical issues
about quorums and all of that, but they met.
Speaker 3 (25:20):
All the terms. It was pretty crazy.
Speaker 2 (25:24):
This is handle on the Law. Welcome back to handle
on the Law.
Speaker 3 (25:31):
Casper.
Speaker 7 (25:31):
Hello Casper, So my father and I entered into a
partnership about twelve years ago to run our rental houses
and other properties. And after a nice, nice sale, I
was wanting some of the proceeds, so he wouldn't pay.
So I pressed him to show me the proof of
this partnership, and he brought me his will, which I
(25:54):
know is nothing. So I did some research. I found
that the last twelve years he only paid the annual dues.
The first two years tried to get some loans, it
didn't work, so he hadn't paid it in ten years.
I recently just went and paid it and made it
active and in good standing. And he is not accepting
(26:15):
that the partnership is ballad. He says, you knowified it
by not paying the dues.
Speaker 3 (26:20):
Okay, Hang on, what dues do you pay on a
piece of property?
Speaker 7 (26:24):
One hundred and what is it? What are you paying
for partnership? The LLC one hundred and ten dollars a
year to the State of Louisiana.
Speaker 3 (26:33):
Okay dollars? Okay, got it? One hundred and ten dollars
a year.
Speaker 2 (26:37):
You have paid for twelve years or ten years he had, Okay,
and he's not willing.
Speaker 3 (26:41):
To pay it. All right, Did you get fifty percent
of the property?
Speaker 7 (26:44):
No, I was able to pay it because I no, No, forget.
Speaker 3 (26:48):
About you paying it. What happened to the house.
Speaker 9 (26:51):
We sold it? Of the seventy five thousand? Okay, did
you get did you get five?
Speaker 3 (26:55):
Casper?
Speaker 9 (26:55):
Did you get?
Speaker 5 (26:56):
Per?
Speaker 7 (26:57):
I got about one tenth of that?
Speaker 3 (27:01):
Oh?
Speaker 2 (27:02):
And what did he say about the other What did
he say about the ninety percent that he kept?
Speaker 3 (27:05):
Did he say anything?
Speaker 7 (27:06):
And he said, yeah, he said the damages of the
tenant another property.
Speaker 3 (27:11):
That I got it? I got it understood. So let
me ask you a couple of questions.
Speaker 2 (27:16):
When you talk about a partnership, it was you filed
an LLC and the LLC owned the property.
Speaker 3 (27:22):
Is that correct?
Speaker 9 (27:23):
Yes?
Speaker 7 (27:25):
That's what I don't fully know, because I want.
Speaker 3 (27:28):
To know, Jasper. You have to know.
Speaker 9 (27:31):
How do I get Well, you pull.
Speaker 2 (27:34):
Title and you find out who owns the property, and
you know if you sold the property, who did the
check go.
Speaker 7 (27:39):
To to him?
Speaker 2 (27:41):
And then you didn't have then you then you had
a partnership in which he owned the property.
Speaker 3 (27:46):
He owned the property, right, okay? Yeah, it must have
been his name, okay, and so.
Speaker 7 (27:51):
And I would imagine the other properties are in his
name too, but my working on him for ten years.
Speaker 9 (27:57):
Yeah, and you would say, just don't get paid.
Speaker 3 (28:02):
Do you ever written partnership agreement?
Speaker 9 (28:04):
Well with the.
Speaker 7 (28:04):
State of Louisiana. There's the two partners him and I
and you.
Speaker 2 (28:10):
Have what when you said you have a partnership. Did
the partnership own the property? Does he own the property?
Speaker 7 (28:18):
Does the LLC property that property?
Speaker 6 (28:21):
He?
Speaker 9 (28:22):
But the farm that is in question.
Speaker 7 (28:24):
Now is the name of the LLC and that is
under this partnership.
Speaker 3 (28:30):
Okay, and you earn fifty of the stock of the LLC.
Speaker 7 (28:33):
Correct, Sure it's not on the stocklerk Yes, Well.
Speaker 2 (28:36):
Well well what yeah, of course, but you have a
document that says fifty percent of that LLC belongs to you.
Speaker 7 (28:41):
Well, this is my question. What I have is this
partnership that says six percent of the name of the farm.
And that's all I know because nothing was filled out
in the as a normal part Correct.
Speaker 3 (28:54):
Here's the problem. Here's the problem. You're you've got a
mess on your hands. Uh, You've got a dad who
is screwed.
Speaker 2 (29:00):
You have no idea how partnership is held, whether the
LLC owns the property.
Speaker 3 (29:04):
You know, who's name the property is in. You got
to pull title and then we can talk.
Speaker 2 (29:08):
Because you're throwing stuff at me that I just don't
have enough information to answer the question. Not that I
would know what I'm doing, but hey, we're gonna tell you.
Speaker 3 (29:17):
Uh, Howard, Hello, Howard, Welcome.
Speaker 6 (29:20):
Yeah.
Speaker 8 (29:20):
Bill, I'm halfway through at chapter thirteen. I owe sixty
thousand on my house and I'm trying to set up
a living trust for my kid, but I keep getting
shut down online.
Speaker 3 (29:33):
I don't understand what that means. You keep getting shut
down by whom.
Speaker 8 (29:37):
All these services that do living trust they say because
of the chapter.
Speaker 3 (29:42):
All right, and you're fine, Well, they're not.
Speaker 2 (29:44):
Gonna help you because as soon as the program knows
that you're in the middle of a chapter thirteen, they're
gonna they're gonna kick you out because it gets way
too complicated. Because you've got a judge that's involved now
in a bankruptcy. You have federal judge, and so this
whole thing is tied up. And if you're talking about
your assets being set up in a living trust during
(30:06):
a chapter thirteen, you have to have permission of a
judge to do it.
Speaker 3 (30:12):
You just can't do it on your own.
Speaker 2 (30:14):
So I think you get the joys of getting a
trust and a state lawyer to write this puppy up
for you. I wouldn't even know where to start to
do a living trust. In the middle of a chapter thirteen,
you owe sixty thousand dollars on a house. How much
equity do you have in the house?
Speaker 8 (30:31):
Oh, A couple hundred?
Speaker 2 (30:32):
Okay, so now you still have two hundred and forty
thousand dollars.
Speaker 3 (30:36):
You have other assets? No, okay, so you only have
the house. How much do you owe total liability? Sixty?
Speaker 2 (30:43):
You owe total sixty thousand, so it's not on the house.
Who do you owe the money to?
Speaker 8 (30:48):
I don't understand.
Speaker 2 (30:50):
Okay, you owe sixty thousand dollars you set Oh, sixty
thousand dollars on the house.
Speaker 3 (30:55):
Yeah, okay, okay, that's a mortgage.
Speaker 2 (30:58):
So you have a house that's worth two hundred fifty
thousand dollars. You owe sixty thousand, So you have one
hundred and ninety thousand dollars in equity in the house.
You don't owe any more money anyplace else Where's the bankruptcy, Howard?
Speaker 3 (31:11):
Where's the where's the chapter thirteen? Why are you doing that.
Speaker 8 (31:15):
The bankruptcy is four hundred and thirteen dollars a month,
and it's for past credit cards and some other sh Okay, hold.
Speaker 2 (31:22):
On, hold on, wait, wait, wait, wait wait, four hundred
and thirteen dollars a month bankruptcy for past credit cards.
Speaker 3 (31:30):
Is this something you agreed to do?
Speaker 8 (31:32):
I'm saying I had to do at the time that
it seemed.
Speaker 2 (31:36):
I don't understand at all. Okay, you know, I said,
do you have any other liabilities? No, I don't, but
I owe money on credit cards. Four hundred and thirteen dollars.
How much do you owe on credit cards?
Speaker 3 (31:47):
Howard?
Speaker 8 (31:50):
It would probably be a deal. Twelve thousand dollars.
Speaker 3 (31:54):
Okay, So you o.
Speaker 2 (31:54):
Twelve thousand dollars in credit card dat you have one
hundred and ninety thousand dollars in e and you're in the.
Speaker 3 (32:01):
Middle of a chapter thirteen.
Speaker 2 (32:03):
I don't even know how a judge would give you
a chapter thirteen. You don't have better assets than you
have liabilities.
Speaker 8 (32:10):
Well, I've been in the same house for forty five years,
and it's my main objective to teeth it. Okay, and.
Speaker 3 (32:19):
It's time for you to talk to a bankruptcy attorney.
Speaker 2 (32:21):
Howard. All right, let me tell you about your bad breath,
and man, you have plenty of it, we all do.
Speaker 3 (32:26):
So let me suggest a way out of it.
Speaker 2 (32:29):
With the Zelman's minty Mouthmans, tiny little capsules that you swallow.
First of all, there's mint coated. They're coated with mint.
You suck on the mint, then they're gone.
Speaker 3 (32:39):
The mint is gone.
Speaker 2 (32:40):
Then you swallow or bite into them, and the parsley
seed oil and the capsules goes to work inside the
gut and other mint's don't do that. And that works
on bad breath.
Speaker 3 (32:49):
And if you have dry mouth, that helps. And also
they just make you feel good.
Speaker 2 (32:54):
You know, there's nothing like when you brush your teeth,
for example, you have that fresh feeling we do with hours.
With Zelman's mintee Mouthmens, these things really work. So let
me suggest you get a hold of Zelman's Zelmans dot
com Z E L M I n S dot com
fifteen percent off when you use the code handle at
checkout and take advantage of the fifteen percent Zelmans dot com.
Speaker 3 (33:17):
This is Handle on the law. You've been listening to
the Bill Handle show.
Speaker 2 (33:22):
Catch my show Monday through Friday six am to nine
am and anytime on demand on the iHeartRadio app,
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 2 (00:09):
This is Handle on the Law Marginal advice, where I
tell you you have absolutely no case. If you're injured
and need a lawyer, go to handle on the law
dot com. And if you're a lawyer and want to
join our team because people desperately need your help, go
to handle on the Law dot com and click on
the join today tab at the top of the page.
Speaker 3 (00:28):
The following is up be recorded program.
Speaker 2 (00:32):
Another one out of California, and this one is boy
it hits me personally?
Speaker 3 (00:36):
Or did hit me personally?
Speaker 2 (00:38):
And that is the state bar right taking the exam
to be licensed as the lawyers is trying to dig itself. Now,
this is the state bar is trying to dig itself
out of this financial hole by revamping the bar exam
and allowing it to be taken remotely rather than in
these huge auditoriums. Like I took the bar, and I
(01:00):
took it at Long Beach Arena.
Speaker 3 (01:02):
This is a lot of years ago, and I don't know.
Speaker 2 (01:05):
There were eighteen hundred two thousand people in tables on
the floor and proctors were walking up and down, and
you wrote the bar there was another room where you
could type the bar, and in my room it was
I was doing it handwritten, which a lot of people
do because I've still never been able to type. And
it was a god awful mess in the sense that
(01:26):
it was very, very difficult. I told students when I
graduated law school, and I would go to colleges on
behalf of my law school and prospective lawyers law school
applicants would say.
Speaker 3 (01:38):
Bill, is the bar as hard as they say it is?
I say it is worse.
Speaker 2 (01:45):
It is three days of utter hell, and the pass
rate I don't know how high it is now.
Speaker 3 (01:50):
When I did it was under fifty percent. It was
no fun at all.
Speaker 2 (01:55):
So the bar, instead of you have to go and
personally do it, there is a plan to do this
remotely with some safeguards. There'll still be proctors and there'll
be all kinds of safeguards that you can't cheat.
Speaker 3 (02:08):
And I don't know how that works.
Speaker 2 (02:10):
And there is There are three different parts of the
bar essay questions where you are asked about a fact situation.
You know, George and his car driving now in the
street is going too fast, and then he hits a
telephone pole. He loses control and the telephone pole had
(02:31):
been poorly maintained and it fell over and it caused
someone who.
Speaker 3 (02:35):
Was on the wrong side of the road to have
an accident.
Speaker 2 (02:37):
I mean he goes And then then it says things like, okay,
discuss all the issues and the liabilities. That's your typical
that's your typical bar exam question. And then there is
the part of the multiple choice and there are four answers.
Speaker 3 (02:56):
You can choose ABC, D and E on a multiple
choice question. All of them are right.
Speaker 2 (03:01):
One is basically right, two is more right than one,
Three and four are so close that if it turns
out that fifty percent of the people go one way
or the other, they throw away the question. I mean,
it is a bear. And then there is where you
write a brief.
Speaker 3 (03:21):
Which I didn't have to do. They've changed it. The
point is it costs a ton of money to.
Speaker 2 (03:26):
Redo the bar, or to perform or to administer the bar,
and they're saying, we're losing our money, so now we're
going to make it easy. We're going to make it easier.
By the way, the questions are easier. I think it's
easier to become a lawyer, So are they going to
save money. Yeah, California Supreme Court has to okay this
because in the end, the California Supreme Court overlooks oversees
(03:48):
everything the state bar does. Yep, state bar. If you
ever want to be a lawyer and take the bar,
good luck to you. It is a bear, although it
may be less of a pair. Now, okay, let's go
ahead and take some phone calls.
Speaker 3 (04:01):
Jane. Hello Jane.
Speaker 4 (04:03):
So my brother in law has stolen over one hundred
and forty thousand dollars from my in law. He purchased
a car. And the way he did it not only
was it just using.
Speaker 5 (04:19):
The credit cards on whatever it is he wanted, but
he created several LLCs, some of which we knew about
because he's a realator.
Speaker 4 (04:27):
So there's one that has his name as the main LC.
Speaker 5 (04:30):
But then he created subsequent LLCs.
Speaker 4 (04:34):
That the family didn't know.
Speaker 5 (04:35):
About until well, actually.
Speaker 4 (04:38):
The family doesn't know. My husband and I know, and
we discovered that. And then when we looked at my
in law's billing statements, we found out that he was
sending money to these LLCs to mask it as like
a separate business. My brother in law still lives at home.
He also purchased a car. He purchased a Tesla earlier
(04:58):
this year, in March, using my father in law's identity.
My father in law had no idea.
Speaker 3 (05:04):
Okay, let me.
Speaker 5 (05:05):
Ask you this.
Speaker 2 (05:05):
Let me yeah, Okay, you've described this enough. Does anybody
call the police on this guy?
Speaker 5 (05:09):
Well, so that's that's the thing. We come from a
very traditional Egyptian family, where again, like I said, my
brother in law thirty still lives at home.
Speaker 3 (05:19):
Okay, all right, okay, so the police are off.
Speaker 2 (05:22):
How about suing him for the money or is that
off the table too because you come from a traditional family.
Speaker 4 (05:27):
Well, that's that's kind of my question. One of the
questions I had is what would happen if we sue
the LLCs?
Speaker 2 (05:37):
No, no, you sue him? Now, you don't sue the LLC.
It wasn't the LLC that committed the fraud.
Speaker 3 (05:41):
He did.
Speaker 4 (05:42):
But if we sue, if we sue him, is it
is it a chance? Is there a chance that he
would get in trouble with law enforcement? Yes?
Speaker 2 (05:50):
Well no, not if you know, No, not if you
don't not not if you don't report him or press
charges or call the police.
Speaker 3 (05:56):
Not at all.
Speaker 2 (05:57):
But also you're not going to get any money back either,
because guys like this, uh spend the money. I'm sure
he doesn't have the money in the bank where you
can grab it.
Speaker 6 (06:06):
He stuck it up.
Speaker 5 (06:08):
So another another caveat is he Lemon He had a truck.
It still has it in his possession, but Ram is
going to claim it. He Lemon lauded and now has
a settlement coming for about seventy to seventy five or
something thousand dollars. And so we're we're hoping that he
does the right thing.
Speaker 2 (06:26):
And well, you know, after he stole yeah, after he
stole all this money, you're hoping he does the right thing.
Speaker 3 (06:32):
By the way, was the car in.
Speaker 4 (06:34):
His name the the truck actually is he's a co
signer with my father in law.
Speaker 2 (06:40):
Okay, so okay, No, I don't care about co signers.
Who bought the car, not who guaranteed the car in
which name on that title?
Speaker 3 (06:50):
Who owns that car?
Speaker 4 (06:52):
I want to say it's either him or he transferred
it to one of his LLCs.
Speaker 3 (06:56):
Yeah, it's just pure fraud. It's just pure fraud.
Speaker 2 (07:00):
And if you don't want to go after him, I'm
sure you'll get a judgment against him probably, And you know,
I don't know what to tell you. You're going to
pay some money for a lawyer, and you're the'se going
to probably defend And this is a point where you
have a cultural issue where you'd rather, you know, take
(07:20):
it in the shorts. We'd rather lose one hundred and
something thousand dollars than call the police. Not that it
would help with the police, but at least if he
is convicted or plead, he owes the money.
Speaker 3 (07:31):
I don't think you're ever going to see the money
with people like this.
Speaker 2 (07:34):
And I have no idea why he's still living a
hall in the house after he's stolen money.
Speaker 3 (07:41):
Now did he still did he steal money from his parents?
Speaker 6 (07:44):
Yeah?
Speaker 3 (07:44):
Wow?
Speaker 2 (07:45):
And they still let him live at home? Yeah, Jane,
there's nothing you can do.
Speaker 3 (07:53):
The guy is stealing money from your parents. They're not
prepared to go ahead.
Speaker 2 (07:57):
I hope your parents at least have an smarts now
where he doesn't have access to any more money, because
he'll just keep on stealing money. You're basically inviting him
to steal money. Hey, just keep on stealing from mom
and dad.
Speaker 4 (08:10):
Okay, so they file bankruptcy, What what good is it?
Speaker 3 (08:15):
For them to because they owe so much money, and
so they used so your folks, your folks used Uh,
he used their credit.
Speaker 2 (08:26):
Okay, yes, they can file bankruptcy, but it depends on
when he did it.
Speaker 3 (08:31):
And here's the problem. Since you're letting him go.
Speaker 2 (08:33):
They filed for bankruptcy and he just keeps on doing
it and they can't discharge the bankruptcy. You know, this
is when culture sucks when you put family in front
of someone who steals money from their own family.
Speaker 3 (08:50):
Oh, you got to protect them. We're not going to
go after him now. You know it's your call. It's
your call.
Speaker 2 (08:54):
But unless you're willing to go forward, not talking globally,
your parents are willing to go forward, there's nothing to
do now, Mica. I can't give you any advice. This
is handle on the law. Welcome back to handle on
the law. Hey, Katie, welcome to handle on the law.
Speaker 3 (09:15):
Than you, Thank b.
Speaker 7 (09:19):
Hi.
Speaker 2 (09:20):
So I really like to go Yeah, but you know what,
I'm having a hard time hearing you. What's going on
with your cell phone? Are you on bluetooth? Because it's
just not a wonderful connection.
Speaker 6 (09:31):
How's this connected?
Speaker 3 (09:32):
So much better? Much better?
Speaker 7 (09:34):
Thank you?
Speaker 3 (09:35):
Yes man?
Speaker 6 (09:35):
Ok.
Speaker 3 (09:35):
Great.
Speaker 6 (09:37):
So I moved from Glendora down to San Diego area,
and I noticed that.
Speaker 8 (09:44):
The electric builds from a higher.
Speaker 6 (09:48):
Using the same amount of electricity there cost me about
two and eighty dollars a month versus in La County
was about half that amount. So I got solar Path
and was really happy when my bills were around fifteen
dollars a month for a few months, and then all
of a sudden I got hit with the electric bill
(10:09):
of five hundred dollars.
Speaker 3 (10:10):
And that's for a single month, for.
Speaker 6 (10:13):
A single month, and then the following seven hundred dollars.
Speaker 2 (10:15):
Okay, the month and the use of your electricity used
hasten changed?
Speaker 6 (10:22):
Nothing has changed, just me and my home. Awn, my
kids have recall it.
Speaker 2 (10:28):
Have you contacted the utility?
Speaker 3 (10:31):
I did.
Speaker 6 (10:32):
I actually sent them a letter certified mail, and they
claimed to not have received it, and so I emailed them,
talking to them on the phone. Their response is, well,
you just used that much electricity and you don't realize
it and that's not mathematically possible.
Speaker 3 (10:50):
Yeah, you have to go up to the food chain
on that one.
Speaker 2 (10:53):
Someone you know answered incorrectly because a utility that does
respond to something like this Uh, that's they have a
duty to respond and there's something either wrong with them
either with a meter there, which is probably the case.
Speaker 6 (11:11):
Yeah, they said, yeah, well you know, you're just using
that much. And finally, after several months of this, I said, well,
I'm not paying you anything until you change the meter out. Yeah,
that's they change the meter out. Yeah, you change the meter.
And this is the second part of it. They changed
the meter. My bills went back down to about fifteen
dollars a month, and then I asked them for a
refund for the months where they were charging me a
(11:34):
thousand dollars a month when it was actually the fault
of the meter obviously, and they refused to pay that back. Okay, no,
I just used that much.
Speaker 3 (11:42):
Okay, fair enough. So you make a formal claim. Okay,
you go on the internet.
Speaker 2 (11:47):
You've got a claim against the utility, and you make
a formal claim and if they deny it, which they
probably will. Although it's kind of weird because all my
experience with utility has been pretty good. As a matter
of act, I've had utility companies call me. For example,
the Department of Water and Power call me when my
(12:07):
water use was astronomical and they said, we think you
have a leak, and they and I did have a leak,
and then they waived a lot of the money. I mean,
they were just terrific about it. So I don't know
what's going on with your utility?
Speaker 3 (12:22):
What what are you?
Speaker 2 (12:23):
I mean, you moved from Los Angeles Department of Water
and Power I think does a great job.
Speaker 3 (12:27):
What utility are you under right now? Oh? San Diego
Gaston Electric?
Speaker 9 (12:34):
So am I yes?
Speaker 3 (12:35):
And that is the.
Speaker 2 (12:37):
Most expensive utility in the United States.
Speaker 3 (12:41):
I'm pleased to say yes.
Speaker 2 (12:42):
And that's a real real pleasure to go from DWP
to San Diego Gas and Electric.
Speaker 3 (12:50):
Isn't that special? Okay?
Speaker 2 (12:51):
So yeah, with that being said, you appeal. They may
turn it down, or you make a claim. They may
turn it down.
Speaker 3 (12:59):
Then you heal.
Speaker 6 (13:00):
It and they make a claim.
Speaker 3 (13:06):
There's probably a claim form you're making claim. Yes, you know,
they just you pull it off the internet.
Speaker 2 (13:11):
You know, you do the the Google search, you know,
put the you know, the ad words claim or you
go to their internet and you go claim form and
they did Okay, you did that and they denied it. Yes, okay,
now you appeal.
Speaker 3 (13:24):
Now you now you appeal.
Speaker 6 (13:26):
It Okay, that's what I don't know.
Speaker 2 (13:29):
Yeah, you have to appeal it, and then you put
in the same search words you have the right to appeal.
It's administrative decision and you always have a right to
appeal it. And uh, then you exhaust your appeals and
then I think you can take in the small claim score.
Speaker 3 (13:45):
Also, uh, make a complaint with the.
Speaker 2 (13:49):
PUC Public Utilities Commission, which they're that with a state.
So you've got some places to go. Now not paying
for the utility. Here's the fun part. Uh, they cut
you off, so you don't have utilities until you pay.
Speaker 3 (14:05):
So it's almost almost like you have no choice.
Speaker 2 (14:08):
But in that play making, Hey, I live by myself,
my kids are not there.
Speaker 3 (14:15):
You know, how do I go from fifteen dollars to
one thousand dollars?
Speaker 6 (14:20):
Yes?
Speaker 3 (14:20):
How do you do that?
Speaker 5 (14:22):
So?
Speaker 2 (14:23):
Yeah, and so I think you know, if during the appeals,
if you have to go through it the administrative lod judge,
which I think is the end of the appeal, you
actually file that, then you know you're talking to someone
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(14:43):
cut you off.
Speaker 3 (14:44):
What do you do?
Speaker 6 (14:45):
Well, yeah, I'm under a payment plan of two hundred
and fifty dollars a month, okay, last several months.
Speaker 2 (14:52):
Okay, So while that, while you're paying that, you're appealing
the whole thing, and then if you're right, you're going
to get a refine on all that crap.
Speaker 3 (15:00):
Should be okay, hopefully.
Speaker 2 (15:02):
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(15:22):
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Speaker 3 (16:28):
This is handle on the Law.
Speaker 1 (16:31):
You're listening to bill handle on demand from KFI AM
six forty.
Speaker 2 (16:38):
This is handle on the Law, marginal legal advice or
I tell you have absolutely no case. Jonathan, Hello, Jonathan, welcome.
Speaker 9 (16:49):
I inherited a property from my aunt in twenty twenty one,
who was on her deathbed. My loser cousin. First cousin
was living in the property free and she had sort
of assumed the mother role to him, and the provision
was she would sign the property over to me so
(17:10):
long as I paid property taxes and sewage so that
he could remain in the place as long as he
paid his own utilities. I agreed took control of the property.
She passed away a few months later. I've just been
paying away on this knowing that someday I'll get a
property that might be worth a couple hundred thousand dollars. Okay, So,
(17:31):
to everyone's surprise, my first cousin passed away about six
weeks ago, five or six years before his liver was
supposed to give out. I found in some notes that
my aunt had made, as well as the police report,
that the I should mention the next door parcel is
(17:55):
an undeveloped parcel and my aunt at the time that
she bought the house, which was a developed parcel next
door the property was sold by the same owner to
this person that bought the undeveloped parcel and my aunt.
That all happened within the same couple of weeks back
in July at twenty twelve. There was no wall, but
(18:18):
my aunt built a wall that's connected to the dwelling
on the parcel that I now own, all the way
around the other parcel and connected back to my house.
My nephew. My nephew, my cousin would park his cars there.
In fact, two cars that don't run are still there.
I went out to the property and sort of looked
(18:38):
at all of this, and here's the issue. While I
was there last week, I had the place of praise
because I want to try to figure out whether I
should fix it up and sell it or whether I
should do it as is, buyron, just get get the
hell out of this whole thing. This isn't sort of
a distant area called Arizona City. Okay, okay, So here's
(19:00):
the deal. The appraiser said, you can't sell this place
because you have to have a wall between the two properties.
I called the planning commission of the county that the
house is in. They said, yes, absolutely, and I said,
well it was sold this way to me, and they said, well,
our provisions of change, you have to build a wall.
I looked through the notes I found. I found the
owner of the undeveloped parcel. I called her and said, listen,
(19:21):
we're planning to sell the place. I'd like you to
pay for half of this. This is a wall that
will separate our parcels. It's of both of us. She
She told me to f off and hung up on
right and now refuses to answer anything. Okay, I decided
that I don't want to be friendly anymore. I talked
to someone.
Speaker 2 (19:38):
I'm gone. You know, Jonathan, this is going way long
on this. You're giving me an entire history.
Speaker 9 (19:44):
Here's my here's my question. I'll cut to the chase.
Here's my question. I don't want to pursue some kind
of adverbs possession. Do I have any right to get
that she connected a line.
Speaker 3 (19:53):
She connected a line to it in your place.
Speaker 9 (19:56):
She connected a line to my fuse box to power.
Speaker 3 (19:59):
Okay, that adverse connection. Just cut the line. You cut
the line. That's it. You're done.
Speaker 9 (20:05):
How about the How about the cars we've been parking,
which are out in the open, and we're using your property.
Speaker 3 (20:10):
That's not enough. Did you pay taxes on that property?
That is one of the the.
Speaker 2 (20:15):
Most important thing is that you paid taxes on that property.
And putting cars on that property is not living on
that property is one thing.
Speaker 3 (20:24):
So uh, you do not addverse possession.
Speaker 2 (20:27):
Uh.
Speaker 3 (20:27):
And you have to pay for the wall.
Speaker 9 (20:29):
I'm prepared to do that.
Speaker 3 (20:30):
Okay, she has Okay, So the answer is no.
Speaker 2 (20:33):
Basically, you're arguing that because they she stole energy from
you and because you've been parking there.
Speaker 3 (20:40):
That entitles you to own her property.
Speaker 9 (20:43):
That's adverts position. I was looking for a way to
snap back at her because she's not going to cut.
Speaker 3 (20:49):
The property, cut the cut the electricity.
Speaker 9 (20:52):
I will cut the electricity.
Speaker 3 (20:54):
That's all you can do. It's all you have to do.
And you're fine than that.
Speaker 2 (20:58):
Adverse possession, by the way, and brings up is an
interesting legal issue goes back in common law hundreds of years,
and that is if there is an abandoned property, and
that's usually the case, and someone goes and lives on
it and pays the taxes on it, and it's open
and notorious, which means basically everybody can see. And in
(21:20):
this case, at least Jonathan met those terms because everybody
could see he was parked on the property that was
open and notorious.
Speaker 3 (21:27):
But that's not enough. You have to meet a whole
slew of.
Speaker 2 (21:29):
Conditions for adverse possession and you can actually own the property.
Speaker 3 (21:33):
Not easy to do. Happens very very.
Speaker 2 (21:37):
Rarely, but it does, but just not even close in
this case. Not even close.
Speaker 3 (21:43):
Hell, Mary, welcome to handle on the law.
Speaker 9 (21:45):
My name is Mary.
Speaker 2 (21:46):
I have put okay, Mary, you have to be a
little louder and a little more succinct or a little
clearer on the diction, because I'm having a hard time.
You are not on a speaker phone, are you.
Speaker 9 (21:58):
No, I'm not.
Speaker 2 (21:59):
Okay, that's just yeah, Okay, just just get louder on me, Okay,
all right, go ahead, Mary.
Speaker 6 (22:06):
My home association is bothering to me so much. I've
been in six years, the first every two years to
increasing the prices, not home association fee for I for
extra thinks he's going to do it. The first time
I paid three thousand dollars. Now is the second time.
(22:27):
He keep asking to pay for five thousand dollars, four
thousand dollars more.
Speaker 3 (22:31):
Okay.
Speaker 2 (22:32):
And these are additions, okay, Mary, these are additional assessments
they're asking for correct, yes, okay, all right, So we're
asking for additional three thousand this time, five thousand this one.
Speaker 3 (22:43):
Okay. So what's your question?
Speaker 6 (22:45):
I did not pay it this time because I haven't
said retired.
Speaker 9 (22:49):
Just yeah, I don't care.
Speaker 3 (22:50):
I don't care. That doesn't matter, Mary, No, none of
that matters. Legally. You can be retired, you can have
no money.
Speaker 2 (22:56):
It really doesn't matter legally, Mary, What is your quest
is it can they do it? I understand what is
your question? If you're just telling me a story, thank
you and I'm gone.
Speaker 3 (23:09):
Do you have a question?
Speaker 6 (23:10):
My question is is it can't do that? Ah?
Speaker 3 (23:14):
That is the question. Can they do that?
Speaker 2 (23:16):
The answer is yes unless there is a general meeting, where,
depending on the CCNRS, usually a majority can vote it down.
And that's exactly what happened to my condo association.
Speaker 3 (23:30):
Are you ready for this?
Speaker 2 (23:32):
My condo association at my house just gave us an
assessment of and I'm not kidding you, twenty nine thousand
dollars per house and we went out of our minds
and it was a vote by a majority of the
association the homes that said, you are dreaming. It's not
(23:52):
going to happen because we voted because those are the ccnrs.
And what they did is bring it down to fifteen
thousand dollars and we voted okay for that one. And
then the other fourteen thousand dollars is up in the air.
Why because they needed a new guard shack at the beginning,
there's two of them in the community, and they had
(24:14):
to redo the entire entrance and they had to.
Speaker 3 (24:18):
Do the road because it's a private road.
Speaker 2 (24:21):
Leading up to it all and then being twenty nine
thousand dollars per home, did they have the legal right
to do it?
Speaker 3 (24:27):
Absolutely, because that's.
Speaker 2 (24:29):
What that's what the board of directors and the CC
of the homeowners Association can do. You can over you
can over you can override them with a vote. And
has anybody else complained, Mary, other than you?
Speaker 3 (24:43):
I don't know here you find out. Then you find out, Mary,
you find out. Your question is can they do it legally? Hell? Yes.
Let me tell you how thrilled I was when I
got the letter.
Speaker 2 (24:54):
It was snail mail letter that said, Hi, we've just
assessed every home twenty nine thousand dollars at our last meeting.
And can you imagine the response? And by the way,
it was a close vote to say no. And then
they came back and said, Okay, we'll just do this,
this and this, and it was still fifteen thousand dollars.
Speaker 3 (25:14):
Yeah.
Speaker 2 (25:15):
And then there was a bunch of other technical issues
about quorums and all of that, but they met.
Speaker 3 (25:20):
All the terms. It was pretty crazy.
Speaker 2 (25:24):
This is handle on the Law. Welcome back to handle
on the Law.
Speaker 3 (25:31):
Casper.
Speaker 7 (25:31):
Hello Casper, So my father and I entered into a
partnership about twelve years ago to run our rental houses
and other properties. And after a nice, nice sale, I
was wanting some of the proceeds, so he wouldn't pay.
So I pressed him to show me the proof of
this partnership, and he brought me his will, which I
(25:54):
know is nothing. So I did some research. I found
that the last twelve years he only paid the annual dues.
The first two years tried to get some loans, it
didn't work, so he hadn't paid it in ten years.
I recently just went and paid it and made it
active and in good standing. And he is not accepting
(26:15):
that the partnership is ballad. He says, you knowified it
by not paying the dues.
Speaker 3 (26:20):
Okay, Hang on, what dues do you pay on a
piece of property?
Speaker 7 (26:24):
One hundred and what is it? What are you paying
for partnership? The LLC one hundred and ten dollars a
year to the State of Louisiana.
Speaker 3 (26:33):
Okay dollars? Okay, got it? One hundred and ten dollars
a year.
Speaker 2 (26:37):
You have paid for twelve years or ten years he had, Okay,
and he's not willing.
Speaker 3 (26:41):
To pay it. All right, Did you get fifty percent
of the property?
Speaker 7 (26:44):
No, I was able to pay it because I no, No, forget.
Speaker 3 (26:48):
About you paying it. What happened to the house.
Speaker 9 (26:51):
We sold it? Of the seventy five thousand? Okay, did
you get did you get five?
Speaker 3 (26:55):
Casper?
Speaker 9 (26:55):
Did you get?
Speaker 5 (26:56):
Per?
Speaker 7 (26:57):
I got about one tenth of that?
Speaker 3 (27:01):
Oh?
Speaker 2 (27:02):
And what did he say about the other What did
he say about the ninety percent that he kept?
Speaker 3 (27:05):
Did he say anything?
Speaker 7 (27:06):
And he said, yeah, he said the damages of the
tenant another property.
Speaker 3 (27:11):
That I got it? I got it understood. So let
me ask you a couple of questions.
Speaker 2 (27:16):
When you talk about a partnership, it was you filed
an LLC and the LLC owned the property.
Speaker 3 (27:22):
Is that correct?
Speaker 9 (27:23):
Yes?
Speaker 7 (27:25):
That's what I don't fully know, because I want.
Speaker 3 (27:28):
To know, Jasper. You have to know.
Speaker 9 (27:31):
How do I get Well, you pull.
Speaker 2 (27:34):
Title and you find out who owns the property, and
you know if you sold the property, who did the
check go.
Speaker 7 (27:39):
To to him?
Speaker 2 (27:41):
And then you didn't have then you then you had
a partnership in which he owned the property.
Speaker 3 (27:46):
He owned the property, right, okay? Yeah, it must have
been his name, okay, and so.
Speaker 7 (27:51):
And I would imagine the other properties are in his
name too, but my working on him for ten years.
Speaker 9 (27:57):
Yeah, and you would say, just don't get paid.
Speaker 3 (28:02):
Do you ever written partnership agreement?
Speaker 9 (28:04):
Well with the.
Speaker 7 (28:04):
State of Louisiana. There's the two partners him and I
and you.
Speaker 2 (28:10):
Have what when you said you have a partnership. Did
the partnership own the property? Does he own the property?
Speaker 7 (28:18):
Does the LLC property that property?
Speaker 6 (28:21):
He?
Speaker 9 (28:22):
But the farm that is in question.
Speaker 7 (28:24):
Now is the name of the LLC and that is
under this partnership.
Speaker 3 (28:30):
Okay, and you earn fifty of the stock of the LLC.
Speaker 7 (28:33):
Correct, Sure it's not on the stocklerk Yes, Well.
Speaker 2 (28:36):
Well well what yeah, of course, but you have a
document that says fifty percent of that LLC belongs to you.
Speaker 7 (28:41):
Well, this is my question. What I have is this
partnership that says six percent of the name of the farm.
And that's all I know because nothing was filled out
in the as a normal part Correct.
Speaker 3 (28:54):
Here's the problem. Here's the problem. You're you've got a
mess on your hands. Uh, You've got a dad who
is screwed.
Speaker 2 (29:00):
You have no idea how partnership is held, whether the
LLC owns the property.
Speaker 3 (29:04):
You know, who's name the property is in. You got
to pull title and then we can talk.
Speaker 2 (29:08):
Because you're throwing stuff at me that I just don't
have enough information to answer the question. Not that I
would know what I'm doing, but hey, we're gonna tell you.
Speaker 3 (29:17):
Uh, Howard, Hello, Howard, Welcome.
Speaker 6 (29:20):
Yeah.
Speaker 8 (29:20):
Bill, I'm halfway through at chapter thirteen. I owe sixty
thousand on my house and I'm trying to set up
a living trust for my kid, but I keep getting
shut down online.
Speaker 3 (29:33):
I don't understand what that means. You keep getting shut
down by whom.
Speaker 8 (29:37):
All these services that do living trust they say because
of the chapter.
Speaker 3 (29:42):
All right, and you're fine, Well, they're not.
Speaker 2 (29:44):
Gonna help you because as soon as the program knows
that you're in the middle of a chapter thirteen, they're
gonna they're gonna kick you out because it gets way
too complicated. Because you've got a judge that's involved now
in a bankruptcy. You have federal judge, and so this
whole thing is tied up. And if you're talking about
your assets being set up in a living trust during
(30:06):
a chapter thirteen, you have to have permission of a
judge to do it.
Speaker 3 (30:12):
You just can't do it on your own.
Speaker 2 (30:14):
So I think you get the joys of getting a
trust and a state lawyer to write this puppy up
for you. I wouldn't even know where to start to
do a living trust. In the middle of a chapter thirteen,
you owe sixty thousand dollars on a house. How much
equity do you have in the house?
Speaker 8 (30:31):
Oh, A couple hundred?
Speaker 2 (30:32):
Okay, so now you still have two hundred and forty
thousand dollars.
Speaker 3 (30:36):
You have other assets? No, okay, so you only have
the house. How much do you owe total liability? Sixty?
Speaker 2 (30:43):
You owe total sixty thousand, so it's not on the house.
Who do you owe the money to?
Speaker 8 (30:48):
I don't understand.
Speaker 2 (30:50):
Okay, you owe sixty thousand dollars you set Oh, sixty
thousand dollars on the house.
Speaker 3 (30:55):
Yeah, okay, okay, that's a mortgage.
Speaker 2 (30:58):
So you have a house that's worth two hundred fifty
thousand dollars. You owe sixty thousand, So you have one
hundred and ninety thousand dollars in equity in the house.
You don't owe any more money anyplace else Where's the bankruptcy, Howard?
Speaker 3 (31:11):
Where's the where's the chapter thirteen? Why are you doing that.
Speaker 8 (31:15):
The bankruptcy is four hundred and thirteen dollars a month,
and it's for past credit cards and some other sh Okay, hold.
Speaker 2 (31:22):
On, hold on, wait, wait, wait, wait wait, four hundred
and thirteen dollars a month bankruptcy for past credit cards.
Speaker 3 (31:30):
Is this something you agreed to do?
Speaker 8 (31:32):
I'm saying I had to do at the time that
it seemed.
Speaker 2 (31:36):
I don't understand at all. Okay, you know, I said,
do you have any other liabilities? No, I don't, but
I owe money on credit cards. Four hundred and thirteen dollars.
How much do you owe on credit cards?
Speaker 3 (31:47):
Howard?
Speaker 8 (31:50):
It would probably be a deal. Twelve thousand dollars.
Speaker 3 (31:54):
Okay, So you o.
Speaker 2 (31:54):
Twelve thousand dollars in credit card dat you have one
hundred and ninety thousand dollars in e and you're in the.
Speaker 3 (32:01):
Middle of a chapter thirteen.
Speaker 2 (32:03):
I don't even know how a judge would give you
a chapter thirteen. You don't have better assets than you
have liabilities.
Speaker 8 (32:10):
Well, I've been in the same house for forty five years,
and it's my main objective to teeth it. Okay, and.
Speaker 3 (32:19):
It's time for you to talk to a bankruptcy attorney.
Speaker 2 (32:21):
Howard. All right, let me tell you about your bad breath,
and man, you have plenty of it, we all do.
Speaker 3 (32:26):
So let me suggest a way out of it.
Speaker 2 (32:29):
With the Zelman's minty Mouthmans, tiny little capsules that you swallow.
First of all, there's mint coated. They're coated with mint.
You suck on the mint, then they're gone.
Speaker 3 (32:39):
The mint is gone.
Speaker 2 (32:40):
Then you swallow or bite into them, and the parsley
seed oil and the capsules goes to work inside the
gut and other mint's don't do that. And that works
on bad breath.
Speaker 3 (32:49):
And if you have dry mouth, that helps. And also
they just make you feel good.
Speaker 2 (32:54):
You know, there's nothing like when you brush your teeth,
for example, you have that fresh feeling we do with hours.
With Zelman's mintee Mouthmens, these things really work. So let
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Speaker 3 (33:17):
This is Handle on the law. You've been listening to
the Bill Handle show.
Speaker 2 (33:22):
Catch my show Monday through Friday six am to nine
am and anytime on demand on the iHeartRadio app,
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