Alter Ego Claims — Beware Attorney Fee Liability
One of the essential purposes of forming an entity and conducting business through that entity is to limit the owners’ personal liability. California law generally views…
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…
Deeds of Trust and Community Property
A deed of trust beneficiary usually feels pretty confident with the validity of the deed as long as it is signed by an owner of the…
How a Junior Lien Can Survive Judicial Foreclosure
This post was primarily authored by Zachary B. Young, a “Rising Star” for four years running and a Litigation Associate at Patton Sullivan Brodehl LLP. Oscar…
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…
A Potent Superpower: Receiver “Super-Priority” Liens
This post was primarily authored by Zachary B. Young, a “Rising Star” for four years running and a Litigation Associate at Patton Sullivan Brodehl LLP. In…
Lender Has No Duty to Monitor and Correct Public Records
Mortgage lenders tend to pay a lot of attention to the real property securing their loans, as they should. Before the loan is made, lenders scrutinize…
A Development Agreement Is A Contract And Can Alter Map “Vested Rights”
Most developers are familiar with the notion that under California’s Subdivision Map Act, the vesting tentative map statutes provide a way of fixing a developer’s rights. …
Where Can a Wronged Deed of Trust Investor Sue?
This post was primarily authored by Zachary B. Young, a “Rising Star” for four years running and a Litigation Associate at Patton Sullivan Brodehl LLP. When…
Cotenant Owner vs. Junior Creditor — Battle for Sale Proceeds from Senior Creditor Foreclosure
After a foreclosure sale by a senior creditor, California’s Civil Code section 2924k governs how the sale proceeds are applied in the following order of priority:…