Monthly Archives: August 2013

Chavez v. Indymac Mortgage Services

Mortgage Lenders Estopped From Relying On Own Failure To Sign Modification Agreement As Basis For Invalidating Agreement

In the case of Chavez v. Indymac Mortgage Services (C.A. 4th; September 19, 2013; D061997), the Fourth Appellate District held that lenders who failed to execute and return a loan modification agreement to a borrower were equitably estopped from relying on the borrower’s inability to produce an executed loan modification agreement as grounds for the lenders’ demurrer. Continue reading

Equitable Subrogation

Equitable Subrogation: Examining The Intended Lien Priorities Of The Parties

In California, lien priority on real property is governed by the “first in time, first in right” rule set forth in California Civil Code § 2897. Simply put, liens that are recorded first have priority over liens that are subsequently recorded. There exists, however, a long-established doctrine in California known as equitable subrogation that carves out an exception to California’s regular rule of “first in time, first in right” in situations where equity requires a different result. Continue reading

Extremely Professional and Very Practical

“We hired the law offices of Mark Poniatowski earlier this year, during a very stressful period for our business. From the moment Mark was hired, we felt a load off our shoulders and were able to focus on our business and other projects in the office. Mark was extremely professional and very practical in his advice, listened patiently to all our concerns and mitigated the issue with expert performance. Mark is a good friend and his professional advice and work on the case was very appreciated and will be sought in the future. ”

Hafsa Burt, AIA, NCARB, LEED® AP, BD+C, President
HB+A Architects, Inc.

Recent Changes To Anti-Deficiency Statutes

Recent Changes To Anti-Deficiency Statutes

In July 2013, Governor Jerry Brown signed into law Senate Bill 426, which amends and broadens anti-deficiency protections of California Code Of Civil Procedure § 580b and 580d. In its existing form, CCP 580b prohibits a deficiency judgment following any nonjudicial foreclosure under a deed of trust securing either (1) a purchase money loan, (2) the refinancing of a purchase money loan with no advances of principal, or (3) a seller-financed loan. While prohibiting entry of a deficiency judgment, CCP 580b in its current form does not Continue reading

Preservation Of Real Property

We had the privilege of representing an LLC and several of its members in a civil action filed by other LLC members who sought to dissolve the LLC and force the sale of over ten pieces of commercial and residential real property located in the Bay Area. In this heavily litigated matter involving numerous depositions and several motions and court hearings, we were able to reach a favorable settlement following mediation wherein we were able to preserve the existence of the LLC for our clients and preserve the majority of the real property for the LLC.

Appointment Of Receiver

Our firm represented a large financial institution in a multi-million dollar commercial foreclosure action involving a senior assisted-living facility in Alameda County, which was occupied by over sixty (60) residents. We successfully obtained an ex parte order for appointment of a receiver to analyze the financial condition of the business, ascertain the welfare of the residents and investigate code violations which facilitated the continued operation of the facility and successful negotiation of a short sale of the property on favorable terms for our client.