Assertion of “Constructive Trust” Can Sometimes Support a Lis Pendens
This post was primarily authored by Zachary B. Young, a “Rising Star” for four years running who was recently elevated to Partner at Patton Sullivan Brodehl…
Sometimes Real Property Rights Can be Adjudicated in a Criminal Case Where the Property Owner is Not Even a Party
This post was primarily authored by Zachary B. Young, a “Rising Star” for four years running who was recently elevated to Partner at Patton Sullivan Brodehl…
Relying on a Void Quiet Title Judgment
Under California’s Quiet Title Act, a third party who acts in reliance on a quiet title judgment retains its property rights even if that quiet title…
Purchaser Has No “Notice” from an Erroneous Abstract of Judgment
A judgment creditor can record an abstract of judgment, a document that identifies the judgment debtor and the amount of the debt. The abstract usually does…
Money and Dirt: Reviewing 2017
Here is a look back at some of the top real estate and secured lending developments from 2017 covered here at Money and Dirt: The 2016…
A Void Default Judgment Is No Way To Establish Title
In a post from March of this year — Even a “Bona Fide Purchaser” Can’t Rely on a Void Judgment — we reviewed the recent decision…
Even a “Bona Fide Purchaser” Can’t Rely on a Void Judgment
Under California law, “bona fide purchasers” who buy property with no notice (actual, constructive, or otherwise) of a competing claim to the property are generally protected. …
Alterations Don’t Always Render a Deed Void (or How NOT to do Foreclosure Investing)
Most real estate investors assume that when a deed is altered by someone other than the grantor, without the grantor’s knowledge or consent, before it is recorded,…