Recent Developments in Loan Modification Law

October 13, 2014

A property owner sometimes claims that an agreement was reached with his lender to modify a loan, and that the lender breached the loan modification agreement and proceeded with a foreclosure in breach of the agreement. […read more.]

Recent Developments in Contract Law – Oral Evidence Concerning Written Contracts

October 5, 2014

As a general rule, persons who enter written contracts can expect the terms of the contract to be enforced in court, as long as the contract is for a lawful purpose. In general, a written contract […read more.]

Priority of Mortgage Liens and Mortgage Fraud

October 2, 2014

California law incorporates a “race–notice” system of recording liens against real property. Simply stated, the general rule is that the first person to “race” to the county recorder’s office and record his mortgage or conveyance has […read more.]

Basic Trust Law

October 1, 2014

A trust is an arrangement by which a person, known as the settlor or the trustor, delivers money or property to a person, known as the trustee, for the benefit of other persons, known as beneficiaries. […read more.]

Selecting The Type Of Business Entity

September 29, 2014

The formation of a business entity in California can take one of several forms: Sole Proprietorship A sole proprietorship involves one owner who owns, manages, and controls the business. The profits and losses from a sole […read more.]

Aiding a Fiduciary’s Breach of Duty

June 9, 2014

A person who the law recognizes as owing a special duty of loyalty and honesty to another is referred to as a fiduciary.  Examples of fiduciary relationships are an agent acting for a principal under a […read more.]

Double Damages Awarded for Misappropriation of Property

June 9, 2014

In certain types of claims, the court, in addition to any other remedy available, may awards double damages.  Probate Code §859 provides for double damages for misappropriation of property belonging to a minor, an elder, a […read more.]

New Definition of Undue Influence and the Crime of Elder Financial Abuse

June 9, 2014

Undue influence was previously defined in Section 1575 of the California Civil Code as the use of one in whom a confidence is reposed by another or one who holds real or apparent authority over him, […read more.]

Recent Developments Pertaining to Tenants of Foreclosed Residential Property

April 2, 2013

California Code of Civil Procedure §415.46 provides that when the owner of real property brings a summons and complaint for unlawful detainer (eviction) against a tenant or subtenant, the landlord may also serve a Prejudgment Claim […read more.]

Is there a need for an AB Trust in light of the American Taxpayer Relief Act of 2012?

February 26, 2013

The points discussed in this article are intended for general background information and are not intended to constitute legal advice for any particular person or situation. On January 1, 2013, Congress enacted the American Taxpayer Relief […read more.]

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