Bankruptcy trustees sometimes seek to create value for their bankruptcy estates at the expense of debtors by seeking to deny a bankruptcy exemption by claiming that the trustee “recovered” property of the estate. However, whether the Trustee can make such a claim depends on the facts of the case. The Bankruptcy Code, 11 U.S.C. § … Read More
How Does a Bankruptcy Trustee Get Compensated in Chapter 7 and 11? Many bankruptcy creditors, debtors, interested parties and their attorneys in Chapter 7 bankruptcies fail to consider the incentives of the Bankruptcy Code as it relates to the compensation of the Chapter 7 Trustee. Understanding these incentives will help litigants navigate the path of … Read More
Title insurers often discover defects in transactions after escrow has closed. When this occurs, they regularly request that parties to a real estate transaction execute “corrective” trust deeds or grant deeds. However, parties should consult with counsel before doing so, as the title insurer may have a bigger problem on its hands than it is … Read More
Effective January 1, 2016, SB 383 severely limits the use of demurrers in California through newly-enacted California Code of Civil Procedure § 430.41.
How To Recover Attorney’s Fees in a Partition Action Co-ownership of real estate in California can be expensive when one co-owner, known in the law as a co-tenant, does not cooperate in the sale of the property. This often occurs when the uncooperative co-tenant is enjoying the benefits of a property without contributing to the … Read More
California escrows perform an important role in modern real estate and business transactions. While escrow holders are not exempt from negligence, many escrows have made such an argument, contending that they cannot commit negligence so long as they follow the escrow instructions. One court summarily rejected the arguments of a “malfeasant escrow holder [that attempted] to … Read More
Mortgage shotgunning threatens the classic rule of real property that a secured lender that has acquired his/her lien for value and without notice of earlier unrecorded interests in the property, maintains priority over the other interests if he/she records their trust deed first.
Warning to the real estate industry: a widespread real estate fraud is currently underway that could cost you and your client tens, or even hundreds, of thousands of dollars. The Scam The scam is simple: the scammer obtains access to information concerning a pending real estate transaction, using this information to impersonate a party to … Read More
Mortgage Shotgunning Definition and How to Solve this Real Estate Fraud The article below appeared in the California Real Property Journal, the Official Publication of the Real Property Section of the State Bar of California. Volume 32, Number 2, 2014. Mortgage Shotgunning and the Priority of Trust Deeds (click for PDF) By Scott Talkov This … Read More
With many Inland Empire residents hitting hard times, bankruptcy petition preparers have offered their services to help debtors file for bankruptcy. Hiring a bankruptcy attorney in the Inland Empire may be a much better decision in the long run. Increased Use of Bankruptcy Petition Preparers As reported by the U.S. Courts, there has been an increased use … Read More
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Offices Throughout California
Los Angeles Partition Attorneys
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
Orange County Partition Attorneys
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800
San Jose Partition Attorneys
99 S. Almaden Blvd Suite 600
San Jose, CA 95113
Phone: (408) 777-6800
San Diego Partition Attorneys
11622 El Camino Real Ste 100
San Diego, CA 92130
Phone: (858) 800-3300
San Francisco Partition Attorneys
50 California St, Ste 1500
San Francisco, CA 94111
Phone: (415) 966-3300
Riverside Partition Attorneys
3610 Central Ave, Ste 400
Riverside, CA 92506
Phone: (951) 888-3300
Sacramento Partition Attorneys
500 Capitol Mall, Suite 2350
Sacramento, CA 95814
Phone: (916) 668-3300
The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.
