We recently represented a commercial property owner in Oakland that was sued for Quiet Title by the neighboring property owner. The neighbor claimed an easement over our client’s property consisting of an adjoining strip of land . The neighbor wanted to use the land as parking for the neighbor’s adjoining commercial business. Our client’s tenant, a restaurant, needed the strip of land for parking as well. The lawsuit was filed after our client fenced off the area to prevent plaintiff’s use.
If you are a property owner and have commissioned work to be done to your property, you may have heard of a mechanic’s lien. This type of claim comes with the potential for financial loss on the part of the property owner. If a lien has been recorded on your Bay Area property, you should consult an experienced attorney as soon as possible. Read on for an introduction to mechanic’s liens and how they work:
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 →
One of the most frustrating areas of maintaining a successful business is collecting on receivables. It has been said that “a sale to a customer is no more than a gift, until the payment for it has been collected and gets deposited in the bank.” Many businesses learn this truth the hard way, generating great sales and revenue, but suffering from terrible cash flow because payments due are not forthcoming in a timely manner.
It’s usually easier to buy an existing business than to start up your own. This is because everything is already in place, including a customer base. However, there are some things to look for when you buy a fully-operational business. Follow the tips listed below to give yourself a fair chance of success at converting someone else’s business into your own. Continue reading →
“I have referred matters to Mark for several years because he is one of the finest real estate attorneys around. I have no hesitation in recommending him for anyone’s real estate matters, whether it be individuals or other attorneys. He’s a professional.”
“Fantastic firm with very high quality lawyers. They don’t over bill or over work a case or matter. They’ll take the time needed to understand issues and make sure you understand the issues and what needs to be done, and they have a lot of experience in a number of areas of law including real estate, litigation, debtor creditor law, contracts. They’ve drafted various documents for me and supported a dispute (didn’t get to litigation) all with an eye toward practical resolution and no churning of their bill. Can’t say enough about them. Most of my experience is with Mark Poniatowski, but all of their lawyers are very good. They do a lot of work with individuals as well as small and some big companies. I know some of their other clients, and the feedback I received was great.”
A common estate planning strategy prior to 2012 was to set up an “A-B” Trust distribution that created a Bypass Trust upon the death of the first spouse. The primary purpose of the Bypass Trust was to maximize a married couple’s total estate tax personal exemption. In 2012, though, the federal estate tax laws were substantially revised and, for most couples, simplified. Continue reading →