Legal Question in Business Law in California
a LLC AS OFMAY 2009 IN CALIFORNIA
bought my property in a foreclosure sale in oct 2010 they are now attempting a ud action but are no longer an llc but converted out to an lp 2./23/11 TO AN LP.
THEY HAVE NEVER FILED THE REQUIRED STATEMENT OF INFORMATION
THEY ARE NOT COMPLYING WITH AN ADDRESS BUT A PO BOX
THE DEED OF TRUST WAS FOR THE 2ND ON A SETTLEMENT AGREEMENT
I AM STILL PAYING THE MONTHLY MORTG
WITH THE 1ST
THEIR SALE PER THE BANK ISD SUBJECT TO THER FIRST
IF THEY ARE NO LONGER AN LLC WHO OWNS
MY HOME PROPERTY
CAN THEY CONTINUE OPERATING IN A UD LAWSUIT AS AN LLC WHEN THEY ARE NOT
AND IF THEY FAIL TO COMPLY WITH THE LAWS SHOULDN'T THE JUDGE KNOW
2 Answers from Attorneys
As I read the law, limited partnerships are not required to file a Statement of Information; in fact, cannot file one.
A post office box is a legal and sufficient address for all purposes except for the limited partnership's registered agent for service of process. If the limited partnership has not (yet) designated an agent for the service of process, you can probably serve whomever served you with the unlawful detainer action (attorney or person signing the complaint) with your answer.
The party who bought your former house at the foreclosure sale is now the rightful owner. The holder of the first deed of trust still holds its lien. The new owner should be paying the first, not you.
If the LLC converted to an LP on February 23, 2011, it should now sue as the LP, not the former LLC, but whether this is a defense that will work very long is doubtful; if the inaccuracy is pointed out to the court, the correction process is relatively simple; in the eyes of the law, a converted business remains the same business for all California legal purposes; it has merely changed into another kind of entity - sort of like a sex-change operation does not get you out of your debts or deprive you of your property even though you are not Denise instead of Dennis.
In the long run, the LP will get it right and prevail on its lawsuit. It's time to make other plans.
I agree with Mr. Whipple.
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