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.
The Trick to Recovering Partition Attorney’s Fees Against an Uncooperative Co-Tenant
How To Recover Attorney’s Fees in a Partition Action Co-ownership of real estate in California can be expensive when one co-owner, known in the law as a co-tenant, does not cooperate in the sale of the property. This often occurs when the uncooperative co-tenant is enjoying the benefits of a property without contributing to the … Read More
Escrows Can Be Negligent, Even While Following Escrow Instructions
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 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.
Warning: Email Wire Instruction Fraud Scam Hitting Real Estate Industry
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 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
Citing Unpublished Opinions: The Conflict Between the No-Citation Rule and Judicial Notice
California courts should allow unpublished opinions to be cited as persuasive authority under statutory judicial notice, despite the no-citation Rule of Court.
