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.
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
District Split is Ripe for California Supreme Court Review Mortgage Shotgunning The real estate fraud known as mortgage shotgunning or slamming occurs when real property is refinanced with multiple lenders within a short period of time, such that each lender lacks knowledge of the other lenders. The prior lender and homeowner, working in cahoots, then … Read More
California courts should allow unpublished opinions to be cited as persuasive authority under statutory judicial notice, despite the no-citation Rule of Court.
Commercial landlords should carefully draft recapture provisions in leases if they seek to hold assignors of the lease liable for a breach of the covenant to pay rent by the assignee.
Attorney Scott Talkov was recognized by the American Bar Association for his academic diligence through the publication of his research paper focusing on real estate finance and contracts. Talkov’s paper was published in the Real Property, Trust and Estate Law Journal of the American Bar Association. With more than 30,000 members, the section is a leading national forum for … Read More
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