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Palo Alto real estate attorney Julia Wei providing commentary & insight into trends in California real estate law & lending law, mortgages & foreclosures.

Entries Tagged as 'California Judgment Enforcement/Collection'

What Happens to an Abstract of Judgment When the Debtor Files Bankruptcy?

August 7th, 2013 · No Comments · California Judgment Enforcement/Collection, Creditor's Rights in Bankruptcy, Residential Real Estate

 By: Julia M. Wei, Esq. Normally when a party wins at trial, all the prevailing party has is a judgment. It takes more than the issuance of a judgment to get paid on it if the debtor is being evasive. In order to “perfect” the judgment, the judgment creditor can and should request the court […]

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Getting Attorney’s Fees in a Bankruptcy Non-dischargeability Action

July 19th, 2011 · No Comments · California Judgment Enforcement/Collection, Creditor's Rights in Bankruptcy

By: Julia M. Wei, Esq. Generally, a prevailing party (the winner) will not recover attorneys’s fees and costs unless authorized by statute or by contract. In the bankruptcy context of non-dischargeability actions, the Supreme Court case of Cohen v. de la Cruz addresses the issue of attorney’s fees. In summary, the test under Cohen is […]

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Creditors and Debt Collectors Can Breathe a Sigh of Relief – Court Applies “common sense” to “tools of the trade” Levy Exemption.

June 8th, 2011 · No Comments · California Judgment Enforcement/Collection

by Julia M. Wei, Esq. As judgment creditors know, it is one thing to obtain a judgment, but the hard work begins to collect and enforce on that judgment after. In California, one of the more challenging methods of collection allowed by the California Code of Civil Procedure “Enforcement of Judgment Law” (affectionately referred to […]

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Deadbeat Debtors – 9th Circuit Court of Appeals Invalidates Trusts Set Up to Avoid Creditors

November 30th, 2010 · 1 Comment · California Judgment Enforcement/Collection, Creditor's Rights in Bankruptcy

On Nov. 23, 2010, the 9th Circuit Court of Appeals found that bankruptcy debtor’s two “trusts” were invalid and that the Chapter 7 Trustee who sued for fraudulent transfer could recover on those theories of fraudulent transfer and alter ego.  (In re Schwarzkopf). Debtor thought he was clever and set up two irrevocable trusts in […]

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When Lender Collection Goes Too Far

November 24th, 2010 · 1 Comment · California Judgment Enforcement/Collection, California Lending & Mortgage Law, Creditor's Rights in Bankruptcy, Current Affairs

I have always thought it was unfair to consumers that banks would appear to work with the servicer and the borrower to accept forbearance payments or loan modification paperwork, yet another department from the same bank would tell the servicer or trustee to continue with the foreclosure process.  The larger the institution, the more rampant […]

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Lenders and Debt Collectors – Don’t Fall Into This Fair Debt Collection Trap

August 9th, 2010 · No Comments · California Judgment Enforcement/Collection, California Lending & Mortgage Law, Creditor's Rights in Bankruptcy, Foreclosures, Trust Deeds

The Fair Debt Collection Practices Act (15 U.S.C. Section 1692(g)(a)(3)  and (4)) has two different notice issues in it. Section 1692(g)(a)(3) requires a creditor to give notice to the debtor of their right to dispute the debt–however that section does NOT require that the debtor to put the dispute in writing! The next section, 1692(g)(a)(4) […]

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Mailbag with Julia – Collecting on Family Law Support Judgments

June 18th, 2010 · No Comments · California Judgment Enforcement/Collection, Creditor's Rights in Bankruptcy, Mailbag with Julia - California Real Estate & Lending Law Attorney

Recently a family law attorney in Southern California wrote to me to ask if child support judgment holders needed to also record a special request for notice (Civil Code Section 2924) after I wrote about the recent case of BANC OF AMERICA LEASING & CAPITAL, LLC, v. 3 ARCH TRUSTEE SERVICES, INC., [ (2009) 180 Cal. App. 4th 1090].The answer is […]

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California's Homestead Exemption – No Need for Continuous Ownership For Debtor to Claim Exemption

May 19th, 2010 · No Comments · California Judgment Enforcement/Collection, California Lending & Mortgage Law, Creditor's Rights in Bankruptcy, Foreclosures, Trust Deeds

In the recent case of Tarlesson v. Broadway Foreclosure Investments, LLC (May 17, 2010), the California Court of Appeal upheld a debtor's homestead exemption despite the fact that she had deeded away the property at one point because it was deeded back to her. It appears that the creditor attempted to have a judicial foreclosure […]

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Mailbag with Julia – How Does the Abstract of Judgment Work?

April 28th, 2010 · No Comments · California Judgment Enforcement/Collection, Mailbag with Julia - California Real Estate & Lending Law Attorney

S. Family writes:   "Do you know how we can get a judgment lien against a property when our judgment is in the name of the individual but the property is in the name of the individual's revocable trust?" Dear S. Family –   If you already have a judgment, you should absolutely record an abstract […]

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Judgment Creditors – More Work For Collection, Request That Notice!

March 19th, 2010 · 1 Comment · California Judgment Enforcement/Collection, California Lending & Mortgage Law

When a judgment creditor has gone all the way to verdict, has obtained the Judgment, the first thing the Judgment creditor does is record an Abstract of Judgment in the counties where the creditor thinks or knows that the debtor owns real estate. For example if the judgment creditor is the prevailing party in a […]

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