Each co-owner of real property in California is legally required to disclose any known material defects or issues that could affect the value or desirability of the property. This obligation to disclose is not only a legal requirement but also a matter of ethical responsibility to ensure transparency and fairness in real estate transactions. Similarly, … Read More
Bankruptcy Code Section 523(a)(2)(A) Dischargeability Cannot be Based on Oral Fraudulent Misrepresentation “Respecting the Debtorβs Financial Condition” The Supreme Court has held that nondischargeability under Section 523(a)(2)(A) of the Bankruptcy Code for fraudulent misrepresentations “other than a statement respecting the debtorβs or an insiderβs financial condition” means that creditors in bankruptcy are barred from claiming … Read More
The Statute of Limitations for Fraud and the Discovery Rule What constitutes fraud? What is the statute of limitations on fraud? What is an exception to the statute of limitations? What is the discovery rule? These are among a few of the many questions business fraud attorneys frequently get asked. An experienced business attorney helps … Read More
What is a Fraudulent Conveyance / Fraudulent Transfer? When a debtor filed a bankruptcy, an estate is created composed of all of the debtor’s rights in property. Among those rights is the ability to set aside transfers for less than fair market value. Indeed, sometimes debtors who realize they will be filing bankruptcy think it … Read More
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The Ultimate Guide to Bringing and Defeating Negligent Misrepresentation Claims in California Courts It is often said that a cause of action forΒ fraudΒ isΒ easyΒ toΒ allege, but hard toΒ prove. Perhaps the easiest form of fraud to allege is negligent misrepresentation. This makes it perhaps the most common form of fraud alleges by parties in litigation. However, a close … Read More
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
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