Talkov Law Blog

Real Estate Law

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

Non-Dischargeability IIntentional Fraudulent Transfer Bankruptcy California Law Attorney

Non-Dischargeability of Intentional Fraudulent Transfer

When an fraudulent transfer occurs before a debtor files for protection under the United States Bankruptcy Code, creditors must promptly protect their rights to ensure that the bankruptcy does not discharge the debtor’s liability for their fraudulent transfer or the underlying debt.

Real Estate Law

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

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

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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

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SB 1186 – California Disability Law Provides Minimal Help to Businesses (ADA)

SB 1186, California’s new law targeting disability access lawsuits, provides minimal assistance to business owners.  Although hailed by its sponsors, Senators Dutton and Steinberg, as a reform for what business owners describe as Americans with Disabilities Act (ADA) shakedown lawsuits, the law is far more limited than many believe.  A summary of the major provisions … 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

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