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

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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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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

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