California Code of Civil Procedure 873.820 is the California partition statute that directs the order in which the proceeds of a sale of a property shall be applied. The statute provides that: The proceeds of sale for any property sold shall be applied in the following order: (a) Payment of the expenses of sale. (b) Payment of … Read More
How is a Mortgage Different from a Trust Deed? A mortgage and deed of trust (otherwise known as a “trust deed”) are legal instruments in real estate that allow a lender to secure repayment of a loan. Although a mortgage and a trust deed serve the same purpose, the exact terms of both of each … Read More
California Code of Civil Procedure 873.630 is the California partition statute that authorizes the court to direct a sale through credit. The statute allows the court to prescribe the terms of the credit and the security instrument used. The statute provides that: The court may: (a) Direct a sale on credit for the property or … Read More
California Code of Civil Procedure 873.630 is the California partition statute that describes how and to whom notice of sale of real or personal property should be given. The statute provides that: (a) Notice of the sale of real or personal property shall be given in the manner required for notice of sale of like … Read More
By definition, a joint tenancy is an interest in property in which each party has an equal share in the property. Joint tenants also enjoy the privilege of the right of survivorship, which allows a deceased joint tenant’s interest in a property to automatically pass to the surviving joint tenant(s). If the interest is transferred … Read More
Navigating a deposition is one of the most intimidating things someone unfamiliar with the law can go through. Being pressured by opposing counsel to answer questions accurately down to the last detail is enough to make even the bravest souls break a sweat. Our experienced attorneys provide tips and tricks that can help you prepare … Read More
Can You Sell California Property with a Lien or Judgment? Purchasing or selling a house is one of the biggest (and usually most expensive) events in a person’s life. This exciting time can be quickly dampened by one thing: a lien. Whether you are buying or selling a home, it is extremely important to ensure … Read More
Talkov Law’s President and Founding Attorney Scott Talkov recently spoke with ABC 7 Eyewitness News about the economic hardships that commercial tenants face during the COVID-19 pandemic. ABC 7’s story documents a Polish restaurant owner’s struggle to pay rent amid various Los Angeles COVID-19 restrictions and lack of government financial assistance. ABC 7 reached out … Read More
A partition action is the only court-ordered process to separate joint owners’ respective interests in California real estate. This process can be long, tedious, and difficult, but the attorneys at Talkov Law are here to help. They have provided this glossary of important partition terms to help you better understand the complicated legal vocabulary surrounding … Read More
California Code of Civil Procedure 873.740 is the California partition statute that provides the court with options at a partition sale hearing under California Code of Civil Procedure 873.730 when a bidder (overbidder) makes an increased offer that exceeds the current sales prices. The statute provides that: (a) If at the hearing under Section 873.730 … Read More
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