The Supreme Court’s 2017 ruling in Jevic declared unlawful priority-skipping structured dismissals in Chapter 11 bankruptcies. This ruling calls into doubt the use of priority-skipping surcharge carve-outs under 11 U.S.C. Section 506(c). Specifcally, on March 22, 2017, the Supreme Court issued its opinion in Czyzewski v. Jevic Holding Corp., No. 15–649, 2017 WL 1066259, __ S.Ct. ___ (Mar. 22, 2017) […]

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Unlawful detainer law is filled with pitfalls for the unwary. For example, if the landlord realizes after the unlawful detainer complaint has been filed that its three day notice is invalid, can it simply serve a new three day notice, then amend its complaint? In California, the answer is that the landlord must dismiss the […]

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Title insurers often discover defects in transactions after escrow has closed. When this occurs, they regularly request that parties to a real estate transaction execute “corrective” trust deeds or grant deeds. However, parties should consult with counsel before doing so, as the title insurer may have a bigger problem on its hands than it is causing the owner […]

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Effective January 1, 2016, SB 383 severely limits the use of demurrers in California through newly-enacted California Code of Civil Procedure § 430.41.

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Co-owners of real estate in California have an absolute legal right to partition the property, thereby causing the property to be sold and the proceeds distributed.

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Updated on May 15, 2017 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 expenses of the property. When a partition action (lawsuit) […]

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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 […]

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Too often, potential clients lack the ability to determine how they should select an attorney. Here are some guideposts to help clients select a California attorney. 1. Attorney Discipline The California State Bar has an easy to use attorney search to research attorneys. This search will reveal any attorney discipline issues, which should be a red flag […]

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Warning to the real estate industry: a widespread 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 the transaction to […]

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The article below appeared in the California Real Property Journal, the Official Publication of the Real Property Section of the State Bar of California. A PDF of the article is available here. Volume 32, Number 2, 2014 Mortgage Shotgunning and the Priority of Trust Deeds By Scott Talkov This article reviews recent California case law concerning […]

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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 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 of bankruptcy petition […]

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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 NerdWallet.com claims that “medical bankruptcy accounts for a majority of personal bankruptcies.” President Obama furthered this myth in defending ObamaCare, claiming that “no one should […]

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