Skip to main content

BLOG

California Homeowners Gain More Time Under New Foreclosure Law in 2025

January 30, 2025 | By
California Homeowners Gain More Time Under New Foreclosure Law in 2025

On January 1, 2025, a new law in California came into effect, offering critical protections to homeowners facing foreclosure. This legislation provides additional time for homeowners to sell their property and avoid losing it to foreclosure. Specifically, the law grants a 45-day extension for homeowners who sign a listing agreement with a licensed real estate agent, with an additional 45-day extension if the property goes into escrow. Here’s what you need to know about this important change and how it could help you or someone you know.

How the Law Works

The new law aims to give homeowners in distress more breathing room to sell their properties on the open market rather than losing them to foreclosure auctions, which often result in lower sales prices and devastating financial consequences.

  1. Listing
…
Continue reading →

Posted In: Client Resources, Foreclosure

How to Avoid Probate for People Who Own Real Property

January 28, 2025 | By

Avoiding probate costs, which typically range between 4% and 7% of your California estate’s value, should be a top priority when creating an estate plan. A California real estate attorney can help streamline this process, ensuring smoother and less expensive estate transfers. Below are some key strategies that can help avoid probate and protect your assets.

Use Transfer-on-Death Deeds

Transfer-on-Death (TOD) deeds are one of the simplest ways to transfer real property to a beneficiary without probate. These deeds allow property to automatically pass to a named beneficiary upon the owner’s death. California law recognizes TOD deeds, but they must meet specific requirements to be valid:

  • The deed must be signed, notarized, and recorded with the county recorder’s office before the owner’s death.
  • TOD deeds are revocable during the
…
Continue reading →

Posted In: Estate Planning

Civil Lawsuit Deadlines You Need to Know

January 15, 2025 | By

If you are involved in a legal dispute, you may be considering whether to escalate the matter to litigation. If you decide to pursue a civil action, it is important to understand the array of deadlines associated with civil litigation proceedings in California. The information below provides a general overview of the amount of time available to pursue a legal action, in addition to applicable deadlines for filing a civil lawsuit and engaging in the discovery process.

Statute of Limitations (i.e. Amount of Time to Pursue a Civil Action)

  • Lawsuit Against a Public Entity (City, County, Municipality, etc.): Must file a claim within 6 months. If your claim is rejected, you have another 6 months to file a lawsuit. See Cal. Gov Code 910, 910.2, 911.2, 911.4. Please note
…
Continue reading →

Posted In: Blog, Civil Procedure

Mediation and the CAR Residential Purchase Agreement: A Comprehensive Guide for Homeowners, Buyers, and Attorneys

December 11, 2024 | By
Mediation and the CAR Residential Purchase Agreement (1)

Disputes in California real estate transactions can arise from a variety of issues, ranging from earnest money deposit disagreements to undisclosed property defects. When these conflicts occur, the California Association of Realtors (CAR) Residential Purchase Agreement (RPA) provides an important step for resolution: mediation. This process, designed to avoid litigation, is not only efficient and cost-effective but also a prerequisite for recovering prevailing-party attorney’s fees in most disputes.

Here’s what you need to know about mediation, how it works, and why it’s an effective tool for resolving real estate disputes.

Why Mediation Is Required

Under the CAR RPA, buyers and sellers must attempt mediation before pursuing litigation or arbitration if they want to retain the right to recover attorney’s fees. Skipping this step or failing to engage in good faith …

Continue reading →

Posted In: Blog, Client Resources, Real Estate Litigation

Quiet Title Actions in California: Resolving Property Ownership Disputes

December 5, 2024 | By

A quiet title action is a powerful legal tool used in California to resolve disputes over real property ownership or to clarify rights to a property. Governed by the California Code of Civil Procedure §§ 760.010 to 764.080, quiet title actions are typically pursued when adverse claims cloud a property’s title. These disputes, if left unresolved, can hinder sales, refinancing, or transfers of property.

This article provides an overview of quiet title actions, common scenarios requiring one, and a step-by-step guide to initiating and resolving these actions.

When Is a Quiet Title Action Appropriate?

Quiet title actions may be necessary in various circumstances, including:

  • Boundary disputes: Disagreements about property lines or encroachments.
  • Fraudulent conveyances: Claims involving forged deeds or transfers made under false pretenses.
  • Adverse possession claims: Situations where
…
Continue reading →

Posted In: Blog, Real Estate Litigation

Comprehensive Asset Protection Strategies: Safeguarding Wealth for the Elderly and Beyond

November 7, 2024 | By
property ownership dispute attorney

Asset protection is a crucial aspect of financial planning, especially for individuals with substantial holdings, those in high-liability professions, and elderly individuals aiming to preserve their legacy. Effective asset protection involves structuring asset ownership to shield it from potential creditors, ensure financial security, and maintain wealth across generations. This comprehensive guide synthesizes key insights from experts, including a recent webinar led by Jacob Stein, Esq., managing partner at Aliant, LLP, to provide practical strategies for safeguarding assets through legal means.

Understanding Asset Protection

Asset protection is about creating legal structures that make it costly, uncertain, and time-consuming for creditors to access your assets. Contrary to common misconceptions, legitimate asset protection does not involve hiding assets or evading taxes but rather organizing ownership to minimize vulnerability to financial claims while adhering …

Continue reading →

Posted In: Blog, Estate Planning

Understanding the Case Management Conference

October 18, 2024 | By

Entering into litigation can be overwhelming, especially if it’s your first time navigating the legal system. One of the initial steps in a lawsuit is the Case Management Conference (CMC). If you’ve recently been informed about an upcoming CMC in your litigation matter, this guide is here to help you understand what it entails and how it affects your case.

What is a Case Management Conference (CMC)?

A Case Management Conference is a hearing scheduled by the court shortly after a lawsuit has been filed. Its primary purpose is to help the court manage the case efficiently by discussing:

  • The status of pleadings and whether any amendments are needed.
  • Jurisdiction and venue challenges.
  • Discovery schedules and motions.
  • Settlement options or alternative dispute resolution methods.
  • Any other matters that may facilitate
…
Continue reading →

Posted In: Blog, Real Estate Litigation

Using Chapter 13 Bankruptcy to Save Your Home After a Foreclosure Sale: A Game-Changing Law for California Homeowners

October 1, 2024 | By

The foreclosure process in California has long been viewed as final once the auction hammer drops, leaving homeowners with few options to recover their property after a foreclosure sale. However, changes in California foreclosure law in 2021 have introduced new opportunities for homeowners, especially when combined with a Chapter 13 bankruptcy filing.

Under California Civil Code (CC) 2924m, there is now a window of opportunity following a foreclosure auction where the sale is not final, giving certain parties—such as eligible tenants or nonprofit organizations—a chance to submit a higher bid or give notice of intent to bid. More importantly for bankruptcy attorneys and homeowners, this law means that a bankruptcy filing after the foreclosure auction but before the sale is finalized may allow the homeowner to keep their property.…

Continue reading →

Posted In: Bankruptcy, Blog

Dividing to Conquer: A Guide to Partition Actions and Property Disputes in California

September 27, 2024 | By

Imagine owning a piece of property with someone—whether it’s a family home, a duplex, or even a commercial lot—but disagreements arise, and neither of you can agree on what to do with it. What happens next? In California, the legal solution is often a partition action, a powerful tool that allows co-owners to divide or sell their shared property through the court. Whether it’s a single-family home, multi-unit dwelling, or vacant land, partition actions can resolve ownership disputes by breaking the deadlock between co-owners. And here’s the kicker: under California law, any co-owner has the absolute right to file for partition, even without the consent of the others. In essence, it’s the legal remedy that steps in when negotiation fails, offering a way out for those stuck in …

Continue reading →

Posted In: Blog, Real Estate Litigation

Common Liens and Judgments in Real Estate

August 29, 2024 | By

Property liens are an essential aspect of real estate that can significantly impact the ability to sell or refinance a property. A lien is a legal claim or encumbrance placed on a property, typically as a result of a debt owed by the property owner. Understanding the different types of liens and their implications is crucial for property owners, buyers, and real estate professionals. This article provides an overview of the most common property liens and judgments, explaining their nature, how they arise, and the potential consequences for the property owner.

What is a Property Lien?

A property lien is a legal claim against a piece of real estate, also known as real property, due to an unpaid debt. When a lien is placed on a property, it creates …

Continue reading →

Posted In: Blog, Civil Procedure, Real Estate Litigation

Are you ready to work with
a different kind of law firm?

If you need legal assistance, don’t hesitate to contact us today.
We are here to help you achieve a successful outcome
and protect your rights every step of the way.

FREE CONSULTATION
(855) 855-2608