Protecting Property: A Guide to Deed Fraud Prevention and Detection
Deed fraud, often referred to as “property theft” or “title theft,” has emerged as a significant threat to property owners, particularly in urban areas with high real estate values.
Category Archives: Legal Guides
Perfecting a Mechanics Lien
How to perfect a mechanics lien in California. Learn about preliminary notice requirements, filing deadlines with the county recorder, lien enforcement through foreclosure, and the difference between conditional and unconditional lien releases for contractors and suppliers.
Clergy-Penitent Privilege
Although informally referred to as the Priest-Penitent Privilege, the following applies to all clergy, i.e. a priest, minister, religious practitioner, or similar functionary of a church or of a religious denomination or religious organization. In general, any conversation had with or amongst religious leaders (assuming that they are acting in their religious capacity) cannot be brought into court. Each religion may have its own internal governance concerning the preservation of confidence which goes beyond that of the California Evidence Code. Confidential Communications:California defines a “penitential communication” as a communication made in […]
Recovering Attorney’s Fees in California
As a general rule in California, whether you prevail at trial or otherwise, all parties to litigation are responsible for their own attorneys’ fees. Considering that ultimate financial sum at stake, whether you are the plaintiff or defending yourself against a frivolous lawsuit, the costs of attorney’s fees must be taken into consideration as they are often the driving force in making litigation decisions. Statute:In a traditional civil suit, attorney’s fees are not recoverable against the opposing party unless they are provided for by statute or by contract. Often, the […]
Statute of Frauds in California Real Estate
Dating back to 17th century England, the Statute of Frauds was enacted to fraud between parties wherein one had an obligation to the other. In short, it required certain obligations be in writing and signed by the person for whom enforcement of the contract will be sought. Now enacted by statute in all fifty states, the Statute of Frauds minimally applies to the sale of goods worth at least $500, marriage, repaying the debts of others, any agreement that takes more than a year to complete, real estate. For our […]
Copyright Laws for Churches
It is probably fair to say they nearly every religious service plays music or sings songs that they did not write. In today’s digital world, information can be obtained from the internet such as music, lyrics, graphics, and pictures with ease. In doing so, few if any think of the possible ramifications of infringing upon the copyrights of another. What follows is a brief synopsis of the rules of law which pertain to the use of copyrighted materials during church services and may not apply to Sunday School or other […]
Incorrect Deeds
A small error in a deed’s Grantee name can cloud your church’s title for years. Learn how incorrect deeds happen and why it matters when selling or financing your property.
Digital Signatures
First and Foremost, the use or acceptance of a digital signature shall be at the option of the parties. Under California law, certain types of contracts must be in writing in order to be enforceable. As per the Statute of Frauds and codified by California Civil Code §1624, the following must be in writing and signed by the party to be charged: (i) a contract involving the sale of goods $500 or more; (ii) consideration of marriage; (iii) Contracts by the executor of a will to pay a debt of […]
Real Property Fraud
The information below pertains only to real property as opposed to personal property. As a property owner, you should be diligent in regard to your property and finances. What follows is important information provided by the FB Wire Fraud: All parties to a real estate transaction are potential targets of wire fraud and may lose hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, it is strongly […]
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