I love Federal Court Judges.  Attached are actual court orders including an order striking “dreck”, and an Oklahoma District Court Judge lamenting that to attorneys acted as “schmucks” and the Court stated “This case makes me lament the demise of dueling.”   (Note the Court misspelled the word dueling, but I wouldn’t mention that to the Judge!  Click here: Yiddish in the Law for Web

Chicago TitleI love Chicago Title (even if it and many other title companies are all owned by the same conglomerate Fidelity Title!).  Here is a link for many basic real property related forms.  http://www.chicagotitlela.com/blank_documents.html

Don’t forget, its not the form, but what you put in the form that counts.  So hire a lawyer!  And if you want the best Chicago Title Escrow officer, call Cheryl Yanez (213) 488-4315

transfer on death deedThis provides a simple way to transfer California real estate at death without having to go through California probate.  (Probate Code §5600, et seq.)  The way to look at this is it is a “Transfer-On-Death Deed ” NOT a transfer during life deed.  It only applies to residential properties and must be promptly recorded after it is notarized.  This document is exempt from documentary transfer tax under Rev. & Tax. Code §11930. This document is exempt from preliminary change of ownership report under Rev. & Tax. Code §480.3.

For the specific requirements and a sample, click here: Continue Reading Revocable Transfer-On-Death Deeds (aka Lady Bird Deed) New Since 2016! (Probate Code §5642)

Beneficiaries of a trust lost a challenge to the sale of trust property by the trustee. The trial court ordered them to pay the trust’s attorney fees and costs, making the beneficiaries personally liable. The Court of Appeal affirmed the award of attorney fees, but reversed the order insofar as it made the beneficiaries personally liable for them, stating: “We conclude that the attorney fees and costs were properly and lawfully imposed under the trial court’s equitable power over the trust, except to the extent the trial court made [the beneficiaries] personally liable for attorney fees and costs, rather than liable solely from their shares of the trust assets.” (Pizarro v. Reynoso (Cal. App. 3rd Dist., Jan. 18, 2017) 2017 Cal. App. LEXIS 33.) http://www.courts.ca.gov/opinions/documents/C077594.DOCX

A homeowner who is an attorney accused a bank of violating Civil Code § 2923.6, subdivision (c) by  foreclosing while his loan modification application was pending. The attorney did not pay his mortgage for eight years. The attorney sued the bank, and the bank’s demurrer was sustained without leave to amend. The Court of Appeal affirmed and stated:  “A person who borrows money from a bank to purchase or refinance a home has a reasonable expectation that the bank will fund the loan. The bank has a reasonable expectation that monthly mortgage payments will be made. Here, appellant’s reasonable expectations were met. The bank’s were not. Nonpayment of the mortgage for approximately eight years while the borrower remains in possession is an egregious abuse. Respondent argued, and the trial court agreed, that appellant is ‘gaming the system.’ The game is over.” (Gillies v. JPMorgan Chase Bank, N.A. (Cal. App. 2nd Dist., Div. 6, Jan. 24, 2017) 2017 Cal. App. LEXIS 47.) http://www.courts.ca.gov/opinions/documents/B272427.DOC