Home title fraud earned the “latest scam” label from the FBI back in 2008. Home title fraud (also known as “deed fraud”) is different from mortgage fraud. Title fraud occurs when someone obtains the title to your home through fraudulent methods. Then, the criminal tries to use your home’s equity to secure as many loans as possible. Homeowners can be completely unaware of this until the lender tries to foreclose on the home. It can take your real estate attorneys months to undo the damage. Continue reading
We are pleased to have been able to handle the legal matters of the Hughes family, arranging their estate needs to their satisfaction.
“Our experience with Mark and his staff was a very positive one. With their legal knowledge and experience coupled with their professionalism, courtesy and patience they helped us create a very satisfactory family trust document. We have already recommended PLP Law firm to two families.”
Creditor Rights is a generic terms for the tool-box of rights that any creditor has to collect outstanding debt from the debtors that owe the creditor money. This Creditors Rights tool box is available whether in a bankruptcy or non-bankruptcy context.
Creditors Rights Protect Creditors When Debts Become Hard to Collect
If one of your debtors declares bankruptcy, or is not in bankruptcy but in default in payment and not responding to your collection efforts, it is important for you to learn more about your rights as a creditor and what you must do to give yourself the best opportunity to collect your debt. And the tools at your disposal differ depending on whether in a bankruptcy or non-bankruptcy context. This is what a Creditors Rights attorney can help you sort out. Continue reading
We have used the Poniatowski Leding Parikh Law Firm and have known Mark Poniatowski for over 20 years; we are extremely pleased with the legal advice we have received over those years. The staff is professional, easy to work with and dedicated in protecting our interests. Many of the issues we have asked assistance for are outside “credit/collection/recovery law” and the results have been just as successful. Without the help of Mark and his staff, we know that we would not have had the successful outcomes we have had. We certainly appreciate the knowledge and support received through this law firm.
2020 Google my Business Review for Poniatowski Leding Parikh Law Corporation by a Northern California Heavy Equipment Dealership with multiple locations.
For the second year running, our partner Mark D. Poniatowski has been recognized by SuperLawyers for his strong reputation in the Bay Area legal community as a Creditor/Debtor Rights lawyer.
Poniatowski Earns 2020 SuperLawyers Rating for Creditors Rights Work
We have been following a growing narrative in the commercial real estate press that the Covid-19 crisis will foster permanent changes in how companies organize and run their workforces.
Office Space Will Look Very Different Post-COVID-19 With Social Distancing
These rapidly changing needs are already having an impact on commercial real estate:
- Some employers have started discussions with landlords about downsizing their leases.
- Other may look for flexible office space rather than fixed square-footage long-term leases as they test how to operate under expanded work-from-home options.
- Co-working spaces will fall out of favor as companies forgo hot desks and communal spaces for more sanitary — and less dense — private areas.
Title to Co-Ownership of Real Property Put to the Test When Co-Owners Die or Become Incapacitated
We are seeing more and more cases where a co-owner of a jointly owned investment property retains us after the other co-owner dies or becomes incapacitated (as a result of Alzheimer’s or some other illness or accident).
- In the case of the death of the other co-owner, our client is usually now dealing with a successor trustee, executor or administrator of the estate.
- In the case of the incapacity of the other co-owner, our client is usually dealing with an agent under a power of attorney or a conservator.
In many cases, our client is surprised to learn that the vesting language in the deed to the property does not reflect the client’s understanding or intent regarding their ownership share. Continue reading
We represented a judgment lien creditor that sought priority of its attachment/judgment lien against the holder of a senior deed of trust in an interpleader action. This was to determine which party was entitled to nearly $300,000 in surplus funds after a trustee’s sale of commercial real property in Hayward, CA.
Hayward Commercial Real Estate Proceeds Subject to Creditor Dispute
After a 4-day bench trial in 2016 between these two competing secured creditors, the trial court entered judgment in favor our client, even though our client’s lien was recorded after the opposing party pension plan’s deed of trust. Continue reading
We have been asked for guidance by many of our small business clients regarding the classification of workers as either independent contractors or employees based on the new California law known as AB 5.
Defining Independent Contractor Status Under AB-5
There are certain labor law requirements triggered when a worker is considered an employee rather than an independent contractor. A full discussion of them is beyond the scope of this blog. But, as most employers know, the additional labor law and tax requirements applicable to employees, compared to independent contractors, are significant.
Now we have AB 5, which is a new law effective January 1, 2020. Continue reading
We are proud to be celebrating thirty years of serving as legal advisors to businesses and individuals in Alameda County and Northern California.
Thirty Years of Handling Client Legal Matters in Northern California
From the day we opened our doors in a small office in Castro Valley dedicated to business law and real estate law, our mission has been to provide prompt, quality, results oriented representation and practical advice to our clients. We are proud to have stayed true to this objective over these three busy, challenging decades. Continue reading