Tag Archives: litigation

Home Title Fraud a Growing Threat for California Homeowners

Title Fraud Legal Issues California

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

Litigation Financial Planning: Self-Finance or Third Party?

An Examination of Lawsuit Funding from a Litigation Attorney Oakland Law Firm

Lawsuit Attorney San FranciscoLitigation financing can be a hugely helpful asset for startups and small companies that may not be able to afford to hire a litigation or contracts attorney to bring a lawsuit against a third party for wrongdoing.

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To Obtain Summary Judgment On A Contract Dispute, All Elements Of Breach Of Contract, Including Damages, Must Be Established

A plaintiff’s lawyers must think through all possible actions and results before selecting a course of action in commercial contract litigation. Continue reading

Forbearance Agreements Do Not Violate California Usury Laws

If your judgment debtor is offering to pay you a fee to forbear collection of your judgment, rest assured the forbearance agreement is not usurious. 

In the recently-decided case, Bisno v. Kahn, 14 C.D.O.S. 4439 (April 25, 2014), the Court made clear that a forbearance agreement is a separate contract, wholly separate from a judgment and the sums owed under a judgment. 

In Bisno, a judgment debtor offered to pay to the judgment creditors a fee in exchange for the judgment creditors’ agreement to forbear from enforcing the judgment while the judgment debtor closed an unrelated real estate transaction. After the judgment was fully satisfied, that same judgment creditor sought to recover the forbearance fees he paid to the judgment creditors, claiming the payment of the forbearance fees was a violation of California’s usury laws. 

Following a thorough summary of the legislative history of California’s usury laws and the intent behind those laws, the Court held that the usury laws do not prohibit a judgment creditor from receiving forbearance fees in addition to statutory post-judgment interest. The Court further held that while a forbearance fee does not constitute a recoverable cost under the Enforcement Of Judgments Law (see Code of Civil Procedure section 685.040, which allows a judgment creditor to recover “the reasonable and necessary costs of enforcing a judgment”), there is no provision in the Enforcement Of Judgments Law that prohibits parties from entering into private agreements to forbear collection of a judgment. 

Note: “Forebearance” is defined in legal terms as “the action of refraining from exercising a legal right, especially enforcing the payment of a debt.”