Practice

• Bankruptcy
• BK 13
• BK 7
• Real Estate Law
• Unlawful Detainers
• Foreclosure Defense
• Quiet Title Action

Bankruptcy

Bankruptcy is something to consider when faced with overwhelming financial pressure and stress from accumulated debt. When considering bankruptcy you must also consider strong qualified representation at Nick Pacheco Law Group we have the knowledge and experience to lead you in your quest for relief. We will help you at every step and our customer service will leave a positive impression for you to remember.

BK 13
A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. If the debtor's current monthly income is less than the applicable state median, the plan will be for three years unless the court approves a longer period "for cause." (1) If the debtor's current monthly income is greater than the applicable state median, the plan generally must be for five years. In no case may a plan provide for payments over a period longer than five years. 11 U.S.C. §1322(d). During this time the law forbids creditors from starting or continuing collection efforts.

BK 7A
A chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor's nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code. Part of the debtor's property may be subject to liens and mortgages that pledge the property to other creditors. In addition, the Bankruptcy Code will allow the debtor to keep certain "exempt" property; but a trustee will liquidate the debtor's remaining assets. Accordingly, potential debtors should realize that the filing of a petition under chapter 7 may result in the loss of property.

Real Estate Law

We review disputes involving purchase and sale or lease agreements (performance, non-disclosure, misrepresentation, construction). We handle complex real estate litigation and transactional matters.

• Title dispute, litigation
• Defects/deficiencies in new construction
• Single Action rule claims and defense (anti–deficiency)
• Lender documentation and construction contracts
• Brokerage misrepresentations
• Mortgage and Deed of Trust
• Financing Disputes
• Escrow
• Foreclosures
• Assignments
• Fraud and Deceit
• Breach of Contract

Quiet Title Action

A Quiet title action, also known as a quiet title suit, involves resolving probable issues regarding the title to real estate and real property. Actions are brought to remove liens and encumbrances among other this. We represent homeowners pursuing a judgment to quiet the title to their property, ensuring properly recording with the county and protecting it from future claims. This helps establish clear title to real estate which is imperative when the property is being transferred. Quiet title is also used in foreclosure defense to ensure that the lender has performed their due-diligence in the recording of the property.

Unlawful Detainers

An unlawful detainer ordinarily refers to the conduct of a tenant who is in possession of an apartment or leased property and refuses to leave the premises upon the expiration or termination of the lease. Typically, the landlord wishes to evict the tenant for not paying the rent or for endangering the safety of the other tenants or the landlord's property. Only a sheriff or sheriff's deputy can physically evict a tenant. The tenant must be given notice that an eviction order has been issued. We understand that many homeowners that have lost their homes through foreclosure have had to face this scary process alone. Where they once owned their home they now are considered tenants of the home. Our office comprehends that many homeowner’s have been wronged during this process, when the law clearly states that the DUE PROCESS rights guaranteed to the tenant by the Fifth Amendment to the U.S. Constitution, the landlord must strictly follow the statutory procedures, or the tenant can challenge the unlawful detainer proceedings on technicalities and force the landlord to start over again. In many cases the “landlord” in these situations is the lender.

Foreclosure Defense

Foreclosure is one of the biggest concerns affecting homeowners today. We use a variety of legal tools and legal strategies to defend you against unjust foreclosure proceedings. We perform a thorough research of your loan documents to seek out potential TILA (Truth in Lending Act), RESPA (Real Estate Settlement and Practices Act), FDCPA (Federal Debt Collections Practices Act), and FCRA (Fair Credit Reporting Act) violations. We demand your lender to comply utilizing various demands including the right to request a “Qualified Written Request” under RESPA. Through persistence and dedication our goal is to help you keep your home and for you to have fair representation throughout the process.

• Litigation
• RESPA violations
• TILA violations
• FDCPA violations
• FCRA violations
• Breach of Contract
• Unjust Enrichment
• Fraud
• Fraud in the Inducement
• Fraud in the Factum
• Breach of Fiduciary Duty
• Breach of Implied Covenant of Good Faith and Fair Dealing
• Unconscionability
• Civil Conspiracy
• Unfair/Deceptive Practice-Business & Professions Code §17200, §17500