Code of Civil Procedure § 430.41 – SB 383 Limits Demurrers in California
Effective January 1, 2016, SB 383 severely limits the use of demurrers in California through newly-enacted California Code of Civil Procedure § 430.41.
Mortgage Shotgunning Fraud and California’s Race-Notice Recording System
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 and the Priority of Trust Deeds
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
Using a Bankruptcy Petition Preparer in the Inland Empire May Be a Mistake
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
9 Common Financial Mistakes that Could Lead You to Bankruptcy
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
Mortgage Shotgunning: Indexing and the Priority of Trust Deeds
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
Email Disclaimers: Legal Effect in American Courts
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?
Lawyer Scott Talkov Published in American Bar Association Journal on Real Estate Law
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
