Homelessness in Los Angeles

Handel on the Law. Marginal Legal Advice.

Episode Transcript

Speaker 1 (00:01):
You're listening to bill Handle on demand from KFI AM
six forty.

Speaker 2 (00:08):
KFI bill Handle Here.

Speaker 3 (00:10):
It is a Saturday morning, two more hours to go
for the show, and then Richard Murrow shows up with.

Speaker 2 (00:16):
The Tech Show.

Speaker 3 (00:19):
From it was eleven to two and then from two
to five it's Neil Savedra and all Things Food with
the Folk Report. Neil also heard it with me Monday
through Friday. He's a big part of Monday through Friday show.
And man, he just doesn't stop working. Saturday show, he
does a food show. Sunday, he produces the Jesus Show.

(00:39):
And it's just a.

Speaker 2 (00:40):
Lot of work, a lot of work.

Speaker 3 (00:41):
Okay, phone numbers top of the hour, which means we
always well that's not true, but we generally and in
this case we do have open lines. Eight hundred five
to zero one five three four, eight hundred five two
zero one five three four.

Speaker 2 (00:59):
That's a number of call and a little froggy here.

Speaker 3 (01:04):
Lines are open and welcome to handle on the law
marginal legal advice where I bill Handle tell you insert
name here you have absolutely no case.

Speaker 2 (01:12):
And hopefully ruin your life.

Speaker 3 (01:15):
La is an interesting city. I've lived virtually my entire
life in Los Angeles. I came to LA when I
was five years old and have been here ever since.
LA likes homeless people. It's good to be homeless. It's
good to be in LA if you're homeless. A couple
of reasons. Weather's kind of neat. It's a little tough
for upstate New York, like in Buffalo during the winter.

Speaker 2 (01:38):
LA moderate weather.

Speaker 3 (01:40):
And the city council and the governments and the various
NGOs non governmental organizations and the various charities. I mean,
they just help the homeless people to an extraordinary amount.
And billions of dollars are being used to help the homeless,
billions of dollars just the city, much less the county

(02:01):
and the state, and using private grants.

Speaker 2 (02:04):
So this is kind of interesting that the LA City
Council voted eleven.

Speaker 3 (02:08):
To two in favor of expanding a policy that prevents
the homeless from sleeping in certain public places.

Speaker 2 (02:18):
Nope, yep, here's what they did.

Speaker 3 (02:22):
They want to stop homeless from living in front of
your business or on the sidewalk.

Speaker 2 (02:30):
Or intents in front of your house. And I lived
in a home.

Speaker 3 (02:36):
I've sold it and since moved, but I lived in
a home where you go under an underpass, you get
off the off ramp and then make a left to
go down the street, and there's a bridge over that,
and under the bridge was all homeless. It was all encampments,
some were well, they were all tents of some kind.

(02:57):
And then on the left hand side the city had
actually put to p aporta potty. So the tent closest
to that was a two bedroom plus bathroom, and that
was probably the most valuable one of all. And there
was an uproar and the city said, you know what,
we are not going to help these people out as much.

(03:17):
It prohibits people from sitting, lying, keeping belongings, prohibits them
and even in designated areas. Local business owner has been
concerned about increasing crime.

Speaker 2 (03:29):
I mean, the garbage is unbelievable.

Speaker 3 (03:32):
Arrests have been related to narcotics, trespassing, and then we
have a lot of arsons that are connected to homeless
people here.

Speaker 2 (03:40):
So city is coming down kind of surprising.

Speaker 3 (03:43):
Usually they come down in favor of homeless people, but
not so much.

Speaker 2 (03:47):
People getting tired of it.

Speaker 3 (03:48):
I don't know if it's just a new concept that
we're just swinging that way politically or just just got
tired of it. All right, let's go ahead and take
some phone calls.

Speaker 2 (03:59):
Robert, been there for a bit. What can I do
for you, Robert.

Speaker 4 (04:03):
I own a piece a lot in southern California, and
I got a ticket from the city saying there was
weed abatement that needed to be done. Long story short.
I went to the lot and the business that's in
front of the lot was parking vehicles, and it was
actually quite a mess. I hadn't been there in a
few years because the business had been vacant before. Long

(04:24):
story short. I told the gentleman, please move your stuff.
He told me some f bombs called the police, told
me to leave, it was his property. The sheriff came out.
They said this is a civil matter. You know, we
don't get involved, and they drove off. I went to
the city. The city said, yes, it's your property, but
you know, the survey is not up to date. So

(04:45):
I spent the six thousand dollars. I got a survey.
Of course, it's my property, and the gentleman refused to
music move with stuff. I when he was closed, I
had his his vehicles moved to his property. I put
a fence up, a temper clean up the lot, so
I get to take it off my back from the city.
He proceeded to cut down the fence, put the vehicles back.

(05:07):
I call the police. They don't want to do anything.
I don't know what to do.

Speaker 2 (05:10):
Oh, you're a victim. Is what you do? You get
a court order? He is what you do. The police
don't want to Yeah, if peace don't.

Speaker 3 (05:17):
Want to do it, And unfortunately, you can't force the
police to do anything. I mean, this is trespassing, this
is vandalism, and something's going on.

Speaker 2 (05:26):
Yeah, I mean all of it.

Speaker 3 (05:27):
I mean there are enough, there are enough crimes there
that the city would jump in on it. And I
don't understand why the police aren't getting involved. I would
just keep on pushing it with the police. I'd go
to the watch commander.

Speaker 2 (05:37):
I'd go as far up as I possibly could.

Speaker 3 (05:40):
In the meantime, all you can do if they don't
want to get involved is.

Speaker 2 (05:47):
Go to court and get a court order. But that's money,
and he won't move it.

Speaker 3 (05:51):
And there'll be a court order and you're going to
put up a fence, they'll tear it down again, and
then the contempt of court and it just keeps on going.
You know, he has all these cars and everything on
your property.

Speaker 4 (06:02):
Still, Yeah, as soon as I getting paid to get
a move, you know, within twenty forty, you know, forty
eight hours, they're back there.

Speaker 2 (06:09):
Torch him, torch the cars. That's it. That's it. That's
and if you got a pet dog there, the dog's
in a lot of trouble too. Unfortunately you can't do that.

Speaker 3 (06:22):
I mean, I wish the law were easy, but this
is sloppy. This sometimes the law is just sloppy. It
doesn't do a good job. It doesn't fit. It's sort
of a square peg in the hole is round, and
that's sort of what you have here. And then the
it's hard to get a holes like this when the
police aren't aggressive. Now, I guarantee you if he had

(06:45):
done this to a police officer, oh man, the cops
would be all over him. So what I would do
is just go as forward as I possibly can and
move up the food chain, because for you to go legally,
it's it's a drag, it really is. And then you
try to figure out a make way and make it
as miserable as you can for him within the law.

(07:06):
Torching probably isn't That's my guess it's been a long
time since I took the state bar, but I do remember.
One question is can you torch a car that's on
your property? And I think the answer was no. So
all you can do is take a shot on that.

Speaker 2 (07:20):
This is Handle on the Law. Hey, I f I
handle here Saturday morning.

Speaker 3 (07:26):
Eight hundred five two zero one five three four eight
hundred five two zero one five three four number to call.
We do have some lines open. Welcome back to Handle
on the Law. Hello, Tony, what can I do for you?

Speaker 5 (07:40):
Good morning, Bill, and thank you for taking my call.

Speaker 2 (07:43):
Sure?

Speaker 5 (07:44):
Hey, Since the discovery of all the misuse of trillions
of dollars by these politician groups m h of taxpayer money?
Mm hm, why couldn't Why couldn't every US working class,

(08:05):
tax paying citizen of the US. Why couldn't we all
start a class action? Multi?

Speaker 2 (08:18):
No, I understand.

Speaker 3 (08:20):
Let me ask you, when you talk about wasting money,
taxpayer money, what specifically do you have in mind? Because
you have to be very specific when you go to court.

Speaker 5 (08:29):
Okay, well, it's been discovered that there could possibly be
money laundering.

Speaker 2 (08:39):
Okay, so okay, got it?

Speaker 3 (08:40):
So you okay, fair enough, you have the evidence what
evidence do you have? You say it has been discovered
by whom, under what circumstances, Who was involved in the
money laundering, who received the money, who laundered the money,
how did it get from A to B?

Speaker 2 (08:58):
I'm assuming you have all of that.

Speaker 5 (09:01):
Okay, so that's what's going to be in entailed and
starting a class action.

Speaker 3 (09:06):
No, it doesn't work that way. You got to No, Nope,
you've got to come up with a proof. You can't
just make an allegation. They'll throw you out of court.
They'll just say you have nothing, good bye.

Speaker 5 (09:15):
Okay, I got you. Yeah, so I have a good question.

Speaker 2 (09:20):
No, but that's it. That's okay though, you know, uh
now you can argue.

Speaker 3 (09:25):
I'll tell you what the taxpayer can do is vote
these people out.

Speaker 2 (09:28):
That's it, nothing more, nothing less. That is how we
deal with it.

Speaker 4 (09:33):
Uh.

Speaker 3 (09:33):
Let me see, some people have been waiting a while,
and I just I do really want to get through
these calls as opposed to that one.

Speaker 2 (09:39):
Camp.

Speaker 6 (09:40):
Hi, camp, welcome, Hello, good to be here, Yes anytimes.

Speaker 2 (09:45):
Okay, what can I do for you?

Speaker 7 (09:47):
Camp?

Speaker 8 (09:48):
Well, I have a property that scheduled to close on
May first, and I got my ho a payoff statement,
and they're trying to charge me back seeds. And I
bought this property in a foreclosure, and I did buy
the first I did buy the first position note. And
they did not file a lien on the property. And

(10:09):
it's too bad because if they would have filed a
lian on the property, the property got bid up high
enough that it would have paid the guy that.

Speaker 2 (10:17):
Lost the property. Okay, all right, so what's your question.

Speaker 9 (10:22):
My question is.

Speaker 8 (10:23):
They will not They will not release a ten thousand
dollars number, right, Okay, yes, I don't understand that.

Speaker 2 (10:33):
What's your question?

Speaker 8 (10:36):
Well, can can I the disputed money? Can I money?

Speaker 2 (10:40):
No, you can't ask now.

Speaker 3 (10:42):
No, they're not going to let you. They're not going
to let you. They're not going to let you askrow it.
They're not going to close. The homeowner association can stop
a sale. And they're saying they, so here's what you do.
You want to dispute it, you pay the money. Unfortunately,
and then you go after the homeowners association?

Speaker 2 (11:00):
Is what you do.

Speaker 9 (11:01):
I can go to I can go to quote.

Speaker 3 (11:03):
You can, you can, you can, but let me let
me ask the question, Kip. Let me ask you a question.
Did you get did you get it at a steal?
I mean, was it a super super duper trooper price.

Speaker 8 (11:15):
This is what I do for a living, and i'm property.

Speaker 2 (11:19):
Okay, you wouldn't have.

Speaker 8 (11:20):
I am taking money and I'll still make money paying all.

Speaker 2 (11:22):
Right, So let me ask you.

Speaker 3 (11:24):
I'm just this just a practical question, just practical question.
Would you have paid ten thousand dollars more.

Speaker 2 (11:29):
For this property?

Speaker 8 (11:31):
Absolutely not?

Speaker 9 (11:32):
I was the last.

Speaker 2 (11:35):
Fair enough, Okay, fair enough.

Speaker 3 (11:38):
My understanding is that I do believe that has to
be paid off now, the fact that.

Speaker 2 (11:44):
It was for clothes.

Speaker 3 (11:45):
Usually foreclosure cuts everything off prior to that. So uh,
if there is some kind of an exception to that,
I'm not.

Speaker 2 (11:54):
Aware of it.

Speaker 3 (11:55):
And if the h o A stop said and should
not have stopped the sale based on them coming forward
and saying we are going to stop it, we are wet.

Speaker 2 (12:05):
Maybe they can't even stop it.

Speaker 3 (12:06):
Maybe they just lean the property and they foreclose on
it or force the sale, depending on what state you're in,
harder in California.

Speaker 2 (12:14):
But this is one of those.

Speaker 3 (12:16):
This is complicated enough, Kip to where you want to
buy an hour from an attorney that specializes in HOA.
There are guys out there a matter of fact, a
friend of mine. All he does is HOA law. It
is a specialty. It's a sub specialty onto itself. It's
real estate, it is condominium law. And then you drop

(12:38):
in and it's HOA law. So that's where that's just research.
You find out who was involved with that.

Speaker 2 (12:48):
Greg, Hi, Greg, welcome, Hey.

Speaker 9 (12:51):
Mister handle, thanks for taking my Sure, what can I
do for you?

Speaker 7 (12:54):
I got a.

Speaker 10 (12:55):
Question about a pension I'm receiving.

Speaker 9 (12:57):
From from the team series.

Speaker 2 (13:00):
Okay, I'm receiving it now.

Speaker 11 (13:02):
We back during COVID when I initially retired and everything,
you know, going crazy with the world. I wasn't getting
my mail properly and they said that they didn't receive
my documents back in a timely manner. But I showed
that I mailed them.

Speaker 2 (13:16):
I had to proof.

Speaker 11 (13:17):
Ooh okay, so they denied me my first I'm sorry, ahead.

Speaker 3 (13:21):
They did I do your first whatever check right or
first nume? This is your this is your union, right,
this is your union correct?

Speaker 10 (13:31):
This is the teams union.

Speaker 2 (13:33):
Okay?

Speaker 3 (13:34):
All right, So I think you start with your rep
with the team stirs union. Uh, and see what the
rep can say because this is I mean you got
to jump through a lot of hoops, and so you
started with.

Speaker 11 (13:49):
I'm sorry, I did appeel it and they denied it.

Speaker 3 (13:52):
All right, well, and you've proved that you sent the mail.
That gets to be problematic because now you get to sue.
If they denied the appeals and you've gone through all
of the bureaucracy which you have to do, and at
the end of it they say no, then you go
to court.

Speaker 2 (14:12):
Then you go to court.

Speaker 10 (14:13):
Go ahead, you said, go against the Teamsters. But it's
the company that ad minutes, that administers the plan.

Speaker 3 (14:22):
Oh well, then hold on the way way okay, So now,
but who denied it?

Speaker 2 (14:26):
The company denied it.

Speaker 3 (14:31):
The administrator who okay, the administrator of the pension plan
denied it because the paperworker was in file timely. Now
you go to your Teamsters rep and you hey, you
got to help me.

Speaker 2 (14:43):
This is why I pay dues.

Speaker 3 (14:45):
My entire life is to get help from the union
when I'm in trouble.

Speaker 2 (14:50):
So have you gone to the rep yet? Have you
gone to the Teamsters?

Speaker 11 (14:54):
I did talk to my local guy and he said.

Speaker 10 (14:59):
There was no thing he can do.

Speaker 3 (15:00):
And I don't you know what, I don't buy that
I don't buy that because it no, No, I go
up the food chain on that one that didn't.

Speaker 2 (15:09):
That doesn't make any sense. It really doesn't. Uh.

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Speaker 2 (16:47):
This is Handle on the Law.

Speaker 1 (16:50):
You're listening to bill handle on demand from kf I
am six forty.

Speaker 3 (16:56):
Can't buy candle here Saturday morning, eight h five to
zero one five three four eight hundred five two zero
one five.

Speaker 2 (17:06):
Three four Welcome back Handle on the Law. Hey, Matt, welcome, welcome,
Hey can you hear me? I? Can can I do?

Speaker 4 (17:18):
Fur?

Speaker 9 (17:18):
Wife?

Speaker 12 (17:19):
My wife got served papers this week. She's supposed to
appear in court in next month. So it looks like
four different people claiming things like termites because she's a
real estate agent Termites rentals property managers, although she's only
sold to an individual, So it looks like these are
people renting possibly from this owner.

Speaker 2 (17:44):
Is the owner suing?

Speaker 4 (17:48):
No?

Speaker 12 (17:48):
I mean they're individual, four individual people.

Speaker 2 (17:51):
No, I understand, but is one of them? Is one
of them? Is one of them the owner?

Speaker 13 (17:56):
No?

Speaker 2 (17:56):
Okay, that's easy. Right.

Speaker 3 (18:00):
So she's been sued and she they're asking all kinds
of damages and she never sold to these people.

Speaker 2 (18:05):
They are renters. I don't yeah, I don't see how
she's responsible at all.

Speaker 6 (18:11):
She works for a real estate broker, right, yes, okay,
you turn it over the broker. Part of what the
broker does, the boat broker provides attorneys and defense.

Speaker 3 (18:26):
She it's gonna be easy. It's just gonna be a
motion to dismiss and she'll win. It will be a
demand to dismiss, and if they don't, then there'll be
emotion to dismiss.

Speaker 2 (18:36):
And then the lawyers.

Speaker 3 (18:38):
Her lawyer through the broker, will ask for sanctions against
the other lawyer as well as the individual suing her,
because they have no they have no grounds to sue hers.

Speaker 2 (18:46):
The law doesn't allow that. So she's fine just to
turn over the book.

Speaker 7 (18:51):
Ye.

Speaker 12 (18:53):
Why would they come after her and not.

Speaker 2 (18:55):
They come after you?

Speaker 3 (18:55):
Because they come after everybody, Matt. I'm surprised they didn't
come after you. I'm surprised they didn't come after because
I talked about it.

Speaker 7 (19:03):
Thank you.

Speaker 3 (19:03):
Yeah, they're all asses, you know, that's what they do.
Everybody sues everybody. Welcome to America.

Speaker 2 (19:10):
Bruce, Hi, Bruce, my morning deal. Yes, yes, sir, just still.

Speaker 9 (19:18):
I'm a judgment creditor and I submitted the rich and
the notice of levy to the sheriff. Sheriff served it
on April the fourteenth, and last night I received the
notification from Sheriff's department and memorentum of Gardner She and

(19:48):
as I understood, the bank has refused to send the
check in send the amount of judgment the bank.

Speaker 2 (20:02):
The bank is refusing to do that. Now is it?
It's it's against a specific account. That's uh. I think
that may be the issue.

Speaker 9 (20:12):
And aparently oh ahead, yeah, yeah, a parentry. There seems
to be two accounts of the debtor with the bank
and even though there's sufficience amounts to cover the judgment.

Speaker 2 (20:32):
No, I understand what you're saying. But let me ask you.

Speaker 3 (20:34):
The judgment goes against an account from what I understand,
and if that, if someone opens an account, uh, there's
a garnishment okay, or there's gonna be a levee against
the account and just closes that account and opens up
another one. I think that can pretty well stop it.
I believe unless the rules are different. I would call

(20:56):
the bank and ask what the hell is going on?

Speaker 5 (20:58):
You are?

Speaker 2 (20:59):
You are the the guard Well, they're the garn of
she you're the.

Speaker 3 (21:02):
Garnish shore, and you in the sheriff's office, you know,
serve properly. So I think you start with calling the bank.
How big is a judgment here, Bruce?

Speaker 9 (21:14):
It's about twenty Yeah.

Speaker 2 (21:19):
That's money. That's money.

Speaker 3 (21:21):
So at this point what I what I would do
is just call the bank and find out what the
hell's going on and go from there and.

Speaker 9 (21:27):
Mind you the cost of sheriffs and the cost of no.

Speaker 2 (21:32):
I know it's not easy. It costs money. I know
it costs money.

Speaker 3 (21:36):
Nothing is easy, and collecting money after judgments, judgment.

Speaker 2 (21:40):
Debtors get a lot of breaks here and.

Speaker 3 (21:42):
When it's all said and done, it's probably not enough
for this one. But then they go bankrupt on you.
They filed for bankruptcy and it stops everything.

Speaker 9 (21:51):
And then go ahead, no even though what even though
there is sufficient fund?

Speaker 3 (21:59):
Yes, yeah, I told you if there is a different
account they're going after. My understanding is you have to
have that specific account and if they've closed it.

Speaker 2 (22:10):
I may be wrong. I don't do collection law.

Speaker 3 (22:13):
And this is why people call me quite often because frankly,
I'm wrong.

Speaker 2 (22:20):
Jeff, Hello, Jeff, Jeff, you're up, Jeff. I think Jeff
is listening. Yes, there you are, Jeff.

Speaker 7 (22:33):
Go ahead.

Speaker 4 (22:35):
Sorry, okay, sorry about that.

Speaker 7 (22:37):
How you doing?

Speaker 2 (22:39):
Go ahead?

Speaker 14 (22:41):
So I was I was in a car accident. I
was driving on the road and a lady turned in
front of me. I was in a rental car. The
her insurance company said that they denied fault. Then they
came back and said that they take faults. Well, here
we are seven teen months later, and I got served

(23:02):
the other day from papers with papers saying that eight
thousand dollars to the rental car company because that their
insurance did not.

Speaker 2 (23:14):
Claim fault.

Speaker 3 (23:16):
Yeah, the insurance company, their insurance company says, that's you know,
you're the one that's the fault. Your agreement is when
you rent the car, is that you are responsible and
they're not gonna They just want the car paid and
they and you agree to repair the car unless you
buy insurance, unless you buy their insurance, or your insurance

(23:37):
kicks in. So you've got someone and you guys are
in the middle of figuring out who's at fault or
who isn't you? You turn it over to your insurance
company and let them deal with it.

Speaker 2 (23:50):
That's what you do. Just turn over your auto insurance company.

Speaker 3 (23:53):
And that's even though, yeah, even though, yeah, even though,
even though absolutely one hundred percent.

Speaker 2 (24:01):
Now, let me suggest something. If you are in.

Speaker 3 (24:03):
Pain, chronic paid, or you know someone who is in
chronic pain, there is a podcast out there that actually
my wife hosts, and she created this because she's in
chronic pain. She is in pain twenty four to seven
and it's really rough to see someone who hurts all
the time and you know it's about it. Maybe it's you,
maybe it's a loved one. So this podcast that she

(24:25):
does is called The Pain Game Podcast, and what it
does is help people who live in chronic pain or
who have family members, loved ones treat chronic pain. Chronic
pain is really difficult to deal with and I see
it every single day, and so let me suggest you
take a listen to the podcast because it's about helping people.

(24:47):
That's how she deals with it. She helps people deal
with their chronic pain. And the podcast is about giving
pain purpose. I know that's counterintuitive. How can you give
pain purpose?

Speaker 2 (24:57):
It works? Take a listen and you'll see what I'm
talking about.

Speaker 3 (25:01):
You can listen to the show wherever you listen to podcasts,
The Pain Game Podcast, the Pain Game Podcast. Her social
is at the Pain Game Podcast. Season three drops next
week Pain Game Podcast. This is Handle on the Law
tix forty Bill Handle here on a Saturday morning. We

(25:22):
have lines open for the first time. We're way way
down this hour see this two hours now that didn't happen,
So if you want to call in, please do number
is eight hundred five two zero one five to three four.
Eight hundred five two zero one five three four, and
we do have lines that are open right now, eight

(25:44):
hundred five to two zero one five three four And
welcome back. Handle on the Law Marginal Legal Advice.

Speaker 2 (25:53):
Hello, cal Cal you're up.

Speaker 7 (25:57):
Good morning, Bill.

Speaker 2 (25:59):
Yes, sir, I have a question.

Speaker 7 (26:02):
I just inherited the my sister's social security as her
paye and I'm also her power of attorney.

Speaker 3 (26:12):
You inherited, You inherited her social security?

Speaker 7 (26:17):
No, I'm sorry, I became her paye for her social security.
She has cognitive issues.

Speaker 2 (26:23):
And okay, so the money, okay, so the money goes
to you? Got it? Okay? Okay, go ahead.

Speaker 7 (26:29):
My question is, she has a reverse mortgage on the house,
and in the past year, I've noticed her interest payments
increase about two hundred dollars a month. For the last year,
it's went from like nineteen hundred dollars and it's now
at thirty two hundred dollars. Wow, And I'm just wondering,
is there a cap on that or do they I

(26:50):
don't know, you.

Speaker 3 (26:51):
Know what, I don't know, because I mean, she gets
X number of dollars no matter what, and that's until
it right, well, even if it runs out, it doesn't matter.

Speaker 2 (27:01):
She gets she's there and gets.

Speaker 3 (27:05):
Either no mortgage or her mortgage is subsidized for her
entire life. And once she dies boomed, the property is
taken over by the mortgage holder who sells it and
then anything that's left over is given to her estate.
And there's interest that's paid on that money now going
up every year unless it's adjustable, and it says it'll

(27:27):
go up.

Speaker 2 (27:27):
I don't know the terms. It sounds outrageous to me.

Speaker 3 (27:31):
I mean, I can't imagine that the interest that was
originally charged on the agreement on that reverse mortgage would
double over the course of x number of years. But
you know, keep in mind that when interest was three
two point seventy five percent and now it's at six

(27:52):
interest doubled.

Speaker 2 (27:54):
Interesting.

Speaker 3 (27:56):
Yeah, so you have to look at the paperwork and
see what they what they did, and what they didn't
do it.

Speaker 2 (28:01):
See a lot of people say, can they do this?
Can they not?

Speaker 3 (28:04):
What does the contract say? Well, I don't have it, No,
I haven't looked at it. Well, the contract is what
controls you know. You can't say I don't think it's right.
All right, Fine, there's a lot of things I've bought
that I don't think are right. In the meantime, I
look at the contract and it says, Yep, they can
do it.

Speaker 2 (28:23):
Yep, it's right there in writing Mike, Hello, Mike, welcome.

Speaker 13 (28:30):
Hey Bill, sure not, thank you. Very a little rough
in my marriage lately, okay. And we bought a house
about twelve thirteen, well about fifteen years ago, and she
put it in her name because she makes more money.
But I'm just wondering, I'm not untitled. Can she sell
out from her anethony?

Speaker 2 (28:50):
You know that gets kind of interesting. I mean, she
can sell it. Now, do you have issues or does
she have issues with you.

Speaker 3 (28:59):
Yeah, was the down payment? Was it community property? Community assets?
That was for the down payment? Where did she get
the money or where did you guys get the money
for the down payment?

Speaker 12 (29:09):
Yeah?

Speaker 13 (29:10):
Well the down payment came from a house that she owned,
Uh huh prior to not prior to our marriage. She
owned it before.

Speaker 2 (29:18):
Yeah, it doesn't matter. It doesn't matter. So it this
is her separate property.

Speaker 3 (29:22):
Because even if you're paying helping pay for the mortgage,
you have to pay for rent anyway.

Speaker 2 (29:27):
I mean, you have to pay for your living expenses.
So it's not as.

Speaker 3 (29:29):
If I've paid into the mortgage. And repairs are a
different story. You can argue your own money for the repairs,
et cetera. Can you throw a lean on it?

Speaker 2 (29:40):
Yeah? Maybe.

Speaker 3 (29:42):
And the other problem is, or her problem is if
she bought if she sells the house, whatever mortgage company
is going to that is going to mortgage whoever buys it,
because very few people write checks for houses, very few,
So most of the people will mortgage a house that

(30:03):
mortgage company is going to want you to sign off.
I mean, even though your wife can sell it off,
it's a lot more complicated. Mortgage companies don't want lawsuits
from you attacking the ownership of their.

Speaker 2 (30:17):
Property so you can make years, Yeah, don't.

Speaker 3 (30:23):
But no, the rules don't change whether it's two years,
five years, you're still married, and that's just a safety
feature on theirs.

Speaker 2 (30:31):
But yeah, the.

Speaker 3 (30:32):
Bottom line is if she owns the property, she bought
it with her separate property.

Speaker 2 (30:37):
Uh, and it's in her name. Yeah, it's hers.

Speaker 13 (30:41):
Well, she didn't completely buy it. We've been together and
we've been paying on it.

Speaker 3 (30:47):
Did you hear what did you hear what I said
about you have to pay anyway?

Speaker 2 (30:51):
You have to pay anyway.

Speaker 3 (30:53):
It's not as if I paid half the mortgage. You've
got to pay for a place to live anyway. That's
the entire point. And the judge is not going to say, oh,
you paid for half, therefore you get half. It doesn't
work that way. Okay, let me keep some phone numbers

(31:13):
real quick. We have a few, but we're going to
go into our last hour. Eight hundred five two zero
one five three four. As we kick in for our
last hour, coming up after the bak eight hundred five
two zero one five three four.

Speaker 2 (31:26):
This is Handle on the Law.

Speaker 3 (31:29):
You've been listening to the Bill Handle show, Catch my
show Monday through Friday six am to nine am, and
anytime on demand on the iHeartRadio app.