Ute Ferdig

Ute Ferdig

Ferdig Legal Solutions
  • Estate Planning, Real Estate Law
  • California
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Summary

Ute Ferdig has been a licensed California attorney since 1993 and a licensed California real estate broker since January of 2002. Prior to becoming an attorney in California, Ute Ferdig studied law in her native country of Germany and passed the state law examination there. Ute Ferdig worked for 10 years as a research attorney and document examiner for Santa Clara County Superior Court in San Jose, California. First hand working knowledge of how the courts work on the inside (e.g., what the judges and court staff like and dislike) combined with solid legal knowledge and work ethic are what allow her to effectively prepare for each case.

Practice Areas
  • Estate Planning
  • Real Estate Law
Fees
  • Rates, Retainers and Additional Information
    Negotiable hourly & flat rate services
Jurisdictions Admitted to Practice
California
Languages
  • English: Spoken, Written
  • German: Spoken, Written
Professional Experience
Attorney-Owner
Ferdig Legal Solutions
- Current
Broker-Owner
Ferdig Real Estate Solutions
- Current
Practiced residential real estate. Current focus is on negotiating short sales and evaluating home owner's eligibility for loan modification (under HAMP) in the course of short sale qualification.
Research Attorney
Private Practice & Superior Court
-
Private family law practice and conducted legal research and drafted memoranda for judges in civil law and motion and family court. Served as judge pro temp and property division arbitrator in family court.
Education
Lincoln Law Sch of San Jose
Law Degree
University of Augsburg (Germany)
Postgraduate (1988) | Law
-
Professional Associations
California Association of Realtors
Broker - Member
- Current
California State Bar # 169787
Member
- Current
Publications
Articles & Publications
12 Steps to Loan Modification Success
Ute Ferdig (Ferdig Real Estate Solutions)
Legal Answers
43 Questions Answered

Q. Do California Loan Modifications need to be notarized by all parties and filed with the County Recorders Office?
A: Only the deed of trust is recorded. When the loan is modified, it's just the underlying note that changes, but the deed of trust securing the loan does not really change and therefore no new deed of trust is recorded.
Q. Just received notice of trustee's sale from california reconveyance company (arm of Chase?). NOW WHAT?
A: If you have an attorney, you should ask your attorney what to expect. If the attorney sues the bank, I would think that the attorney will also request a temporary restraining. Like I said, ask your attorney as your attorney knows the facts of your case and can best advise you.
Q. Can my ex wife open a child support case in California when Idaho has found that they have jurisdiction?
A: Is she asking for the California court to issue a new child support order that is different from the Idaho order or is she asking for the California court to enforce the Idaho child support order? Since your divorce and child support were handled by the Idaho courts and your ex wife and children still reside there, Idaho support guidelines should apply because Idaho has continuous exclusive jurisdiction. If you respond to the child support motion, you should make it clear that you are not making a general appearance and that you are appearing for the sole purpose of challenging jurisdiction to modify child support. I would recommend that you hire an attorney to represent you. If you don't have the money to do so, you may want to consider a Prepaid Legal membership (only $17/month) which would entitle you to ask questions on unlimited # of issues of an attorney and they can help you represent yourself. You can ask questions involving laws in all 50 states, which means you can also ask questions pertaining to Idaho child support law. To sign up, you can go to www.16or25.com Call me if you have questions.
Q. Mentally disable adult childr could ask parents to support financially? l
A: She can ask for support from both of you pursuant to California Family Code section 3910 which provides in pertinent part: "The father and mother have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means." How much each parent must contribute depends on their ability to do so.
Q. When my father died I did not get anything from the estate. Now my stepmother has died. Am I entiled to my father's half
A: Whether you are entitled to any portion of your stepmother's estate depends on facts that you did not share in your post. Did your stepmother have a will or a trust? Did your stepmother live in Texas? Unless the estate is administered under CA law, a California attorney would most likely not get involved in the case. You can call me and I can make suggestions on how you can proceed to get answers to your questions. 916-751-1000
Q. In CA if a couple has been legally seperated for 5+ years is there still a 6 month waiting period for divorce once filed
A: Yes, it does not matter how long you have been separated. The mandatory waiting period cannot be waived.
Q. My wife is divorcing me in California. She says she wants child support + 40% of my income as maintenance.
A: Child support is based on the time share (i.e., time each parent spends with the children) and respective incomes. Earning capacity is also considered in child support calculations, which means that the court, under certain circumstances, can impute income to a parent who purposely is underemployed. There could, however be legitimate reasons for your ex to be working only part-time. If the children are young, she may be doing it to provide child care instead of paying someone else to pay for it. If she were to go to work full time to make more money, you would have to share in the child care expenses, which could cost you more than what you'd save by reducing your child support obligation as a result of her making more money. You should have an attorney run some child support calculations to give you an idea of how much difference it would make if she worked full time. Spousal support is not a fixed percentage of the income of the spouse who pays the spousal support. Spousal support calculation is governed by Family Code section 4320. There are a number of factors that the court will take into consideration. Length of marriage,standard of living, earning capacity and need for support are just a few of the things the court will take into consideration.
Q. Our divorce granted 2/7/11,we have 1 daughtrer 8yrs old now.court deny the child support bcs she is w/him,i hve 2 jobs.
A: You need to discuss this with your attorney who has the benefit of all the facts. The child custody order should reflect what really happens and child support should be based on actual time shares not what what's written in a custody order that the parents are not following. Something tells me that there is more to your story. You should get your legal advice from your attorney whom you are paying to represent you.
Q. If the true owner to my primary residence deed is not found (9 svcg co's in 13 yrs) do I have a case to claim the deed?
A: What you are talking about is not a deed issue. If you bought a house in CA you are the owner and your name is on the deed, not the lender or servicer. What you are talking about is a question of who owns the note for your loan. The fact that there were multiple servicing companies does not mean that the loan was sold as many times as the servicing companies have changed. Have you sent a QWR (qualified written request) to the servicer asking for the name of the investor who owns the loan? Once you know who the investor is you can ask them to prove that they have the note. But even if they lost the note, it does not necessarily mean that you'd be able to get the house free and clear. The investor may be able to get a lost note bond. Bottom line is that there is no black and white answer to your question. The law in this area is still developing and there are certainly a lot of lawsuits out there. There are class actions against the lenders and borrowers have the option to join these lawsuits. You may want to research mass joinder. Whatever you do is not something you should try to take on without an attorney. The banks are being sued left and right and they are fighting back hard.
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Newcastle, CA, USA
Telephone: (916) 672-8494