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Full-Text Articles in Law
Attorneys Fees, Offsets And Priorities, Roger Bernhardt
Attorneys Fees, Offsets And Priorities, Roger Bernhardt
Publications
This article discusses the unpredictability of determining whether the rules of offset or the rules of priorities will prevail in a situation, and goes into the question of whether attorneys’ fees will be given priority over other claims when those fees are contractual and do not relate back. The article concerns a California decision which held that a lis pendens did not give purchasers superpriority over competing liens.
Attorney Fees And Lien Priorities, Roger Bernhardt
Attorney Fees And Lien Priorities, Roger Bernhardt
Publications
This article examines a California decision that held that the attorneys fees of a successful purchaser in a specific performance action are subordinate to any liens the seller imposed on the property during the litigation.
Creditor’S Inability To Set Aside A Judicial Foreclosure Sale Despite Gross Underbidding: Amalgamated Bank V Superior Court (2007), Roger Bernhardt
Creditor’S Inability To Set Aside A Judicial Foreclosure Sale Despite Gross Underbidding: Amalgamated Bank V Superior Court (2007), Roger Bernhardt
Publications
This article discusses a California case where the creditor - who had showed up one minute at its foreclosure sale - was thereafter unable to have it set aside or preserve its lis pendens although the property was sold for $2,000 rather than the $6 million it was worth to a friend of the debtor.
Indexing The Lis Pendens: Dyer V Martinez, 2007, Roger Bernhardt
Indexing The Lis Pendens: Dyer V Martinez, 2007, Roger Bernhardt
Publications
This article discusses a California case which held that filing of lis pendens with the county recorder does not impart constructive notice until it has been indexed..
Lis Pendens In Fraudulent Conveyance Claims: Kirkeby V Superior Court, 2004, Roger Bernhardt
Lis Pendens In Fraudulent Conveyance Claims: Kirkeby V Superior Court, 2004, Roger Bernhardt
Publications
This article discusses a California Supreme Court case which held that an action seeking to void a transfer of real property as a fraudulent conveyance affects title to or right to possession of that property and therefore supports a lis pendens.
Paying After It’S Too Late, Roger Bernhardt
Paying After It’S Too Late, Roger Bernhardt
Publications
This article analyzes a California case where lis pendens was recorded one day prior to a sale and indexed several days after the sale. The court held that the buyers took free of all claims related to the lis pendens.