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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Focus on CC 1695 Posted by Ward-CA- on July 29, 2003 at 11:16 AM In Reply to: CC 1695 and CC 2945 Intersection. posted by David on July 29, 2003 at 9:25 AM : Ward, : If I buy a pre-foreclosure in compliance with CC 1695, could it somehow be argued that I violated CC 2945? For example, my service was stopping the foreclosure and my fee was the equity, but there was no foreclosure consultant agreement as required by CC 2945. : Conversely, if I consult a pre-foreclosure in compliance with CC 2945, could it ever be argued I somehow violated CC 1695? For example, my fee for stopping the foreclosure was a note which I had to foreclose on for non-payment so the substance of the transaction is that I bought the house but did not have and EPA as required by CC 1695. : I know this is theoretical but I also know some attorneys can do magic with words. : Regards, : David : P.S. I don’t sit around ALL day and dream up this stuff, only during my morning coffee. =-=-=-=-=-=-=-=-=-=- David, Yes, you are reading more into this than necessary. Just follow the dictates of Civil Code Section 1695 and don't accept nor give any owner anything of value before the 5 days is up and split the net equity 50/50 with them. To avoid CC 2945 application just never accept any fee for anything with an owner in foreclosure. Hope this helps Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : Ward, : : If I buy a pre-foreclosure in compliance with CC 1695, could it somehow be argued that I violated CC 2945? For example, my service was stopping the foreclosure and my fee was the equity, but there was no foreclosure consultant agreement as required by CC 2945. : : Conversely, if I consult a pre-foreclosure in compliance with CC 2945, could it ever be argued I somehow violated CC 1695? For example, my fee for stopping the foreclosure was a note which I had to foreclose on for non-payment so the substance of the transaction is that I bought the house but did not have and EPA as required by CC 1695. : : I know this is theoretical but I also know some attorneys can do magic with words. : : Regards, : : David : : P.S. I don’t sit around ALL day and dream up this stuff, only during my morning coffee. : =-=-=-=-=-=-=-=-=-=- : David, : Yes, you are reading more into this than necessary. Just follow the dictates of Civil Code Section 1695 and don't accept nor give any owner anything of value before the 5 days is up and split the net equity 50/50 with them. To avoid CC 2945 application just never accept any fee for anything with an owner in foreclosure. : Hope this helps Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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