Author Archives: Julia M. Wei

REO Investors – California Law Favors the Bidder and Lender in Foreclosure Defense Lawsuits

Read the latest on California law and REOs from attorney Julia Wei.

Private Money Investors Get Nailed with Usury Claim and More

Here is a “what not to do” when working with private investors. The California Court of Appeals punishes investors on a multi-lender Note, rewards a borrower in default and allows the mortgage loan originator to walk away.

Lost Your Promissory Note?

As foreclosure rates rise and the legislative bodies nationwide rush to address this, plaintiffs lawyers are also cashing in with “Foreclosure Defense†[...]

Real Estate Home Inspectors

Did you know that home inspectors are not regulated in any way by the State of California? Many home inspectors will tout their credentials and indicate that they are “Certified.”  The question is, by whom?Â
The only certification available is through a self-regulated body, such as the California Real Estate Inspection Association (CREIA). This organization provides [...]

Loan Modification Failure Rate Update

Effective immediately, title companies may be eliminating much of the information they provide on property profiles. The California Department of Insurance recently issued a letter taking the position that title companies may only give the following information on property profiles:

Names of owners of record of a specified real property;
Description of real property; and
Property characteristics as [...]

Who’s On First?

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The real estate law in California regarding lien priority is generally, “first in time, first in right.” There are exceptions however, as some liens have “skipping” power. In California, the mechanic’s lien is given priority not by the date of recordation, but the day work first commences. This can be as early as when materials [...]

Mortgage Elimination Scams Sweeping the Nation

Editors Note: On January 19, 2005, Judge William Alsup of the United States District Court ordered Thomas Spielbauer, attorney for Scott Heineman and Kurt Johnson of the Dorean Group, to pay a half dozen lenders $77,000 in attorney’s fees and costs. In his order Judge Alsup found Heineman and Johnson’s mortgage elimination program to be [...]

Legislation Affecting Real Estate as of 2003

Many of us have been renters at some point in our lives. As tenants, we worried about the landlord raising rents or holding back our security deposit. The year’s pass, and suddenly some of us find our selves in the position of being the landlord. Now our concerns focus on lease terms, repairs and the [...]