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Monthly Archives

April 2024

What is the “Automatic Stay” in Bankruptcy and Its Significance?

April 29, 2024 | By

The “automatic stay” is a powerful aspect of filing for bankruptcy. It acts as an immediate shield, protecting you from creditors the moment your bankruptcy case is initiated. This protection typically lasts for the duration of your case, providing relief from various forms of creditor pressure. It halts actions that diminish your income, such as wage garnishment, and prevents imminent threats to your property, including vehicle repossession and home foreclosure. Additionally, it puts an end to harassing creditor calls and collection letters.

Losing the Automatic Stay: How and Why?

There are two primary ways you might lose the automatic stay:

  1. Creditor’s Motion for Relief: A creditor may request the court to lift the automatic stay regarding their debt, allowing them to proceed with collateral possession. This is more common among
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Posted In: Bankruptcy, Blog

Understanding Easements and Resolving Neighbor Disputes

April 26, 2024 | By

The old American adage is “good fences make good neighbors,” but at times there are property boundary disputes between neighbors when the fence does not track the actual property boundary. When these conflicts occur, understanding the legal nuances of property rights becomes essential. Here’s a clearer look into adverse possession, prescriptive easements, equitable easements, and how disputes, especially those involving trees, are managed.

Adverse Possession: A Rare Occurrence

First year law students are often surprised when they learn that if a “squatter” occupies land in a manner that is (1) under a claim of right, (2) actual, open and notorious giving reasonable notice to the true owner, (3) hostile to the true owner, (4) continuous for a period of at least five years and (5) payment of property taxes on …

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Posted In: Blog, Real Estate Litigation

Safeguard Your California Property: Trust Transfers and the Due-on-Sale Clause

April 5, 2024 | By

When managing or planning your estate, you might consider transferring your property into a trust. It’s a strategic move to ensure your assets are handled according to your wishes without the complexities of probate. However, if you have a mortgage on your property, the idea of transferring it to a trust can raise concerns about the due-on-sale clause. This clause allows lenders to demand full repayment of the loan if the property is sold or transferred. Fortunately, for California homeowners, there’s a protective measure in federal law that offers peace of mind: the Garn-St. Germain Act.

Under 12 U.S. Code § 1701j–3, the Garn-St. Germain Act outlines specific transactions that do not trigger the due-on-sale clause. A standout exemption is particularly relevant for homeowners looking to secure their estate planning

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Posted In: Blog, Real Estate Transactions

Navigating Real Estate Transactions: The Essential Role of Title Companies

April 1, 2024 | By

When diving into the world of real estate transactions, one element stands out for its critical importance yet often remains shrouded in complexity for many: the role of title companies. This blog aims to demystify the functions and significance of title companies in the conveyancing process, ensuring that homeowners, buyers, and sellers in California and beyond grasp their vital contributions to the smooth transfer of real estate.

More Than Just Insurance

At its core, title insurance differs fundamentally from other types of insurance you might be familiar with, such as health or auto insurance. While those policies protect against future occurrences, title insurance safeguards against past events that could affect your ownership. It doesn’t guarantee that the title is clear but promises to defend you if challenges arise concerning …

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Posted In: Blog, Real Estate Transactions