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
Americans enjoy the myth that bankruptcy only happens to other people. We have the top 9 REAL reasons that Americans file bankruptcy, and tips on how to avoid these mistakes. The Myth of the Medical Bankruptcy Ivestopedia claims that “66.5% of bankruptcies in the U.S. were due to medical issues like being unable to pay … 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California courts should allow unpublished opinions to be cited as persuasive authority under statutory judicial notice, despite the no-citation Rule of Court.
A California attorney has apparently become the first person with legal training to issue a Freedom of Information Act (FOIA) request to the White House seeking the recipe of President Obama’s White House Honey Ale. The attorney, Scott Talkov, has assisted several media organizations in compelling the disclosure of government documents through the California Public … Read More
Are boilerplate email disclaimers of any legal effect? One website touts the necessity of these lengthy paragraphs, while The Economist wrote in 2011 that these automatic email footers are both annoying and “legally useless.” So who is correct?
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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