Blog Archives

What is a Homestead Exemption?

A homestead exemption operates to protect a homeowner’s equity in their home from a forced sale – it effectively “exempts” a portion of the homeowner’s equity in their residence from creditors trying to enforce a judgment. There are two types of exemptions: (1) the automatic residential exemption (“Automatic Homestead”); and (2) the declared homestead (“Declared Homestead”). Homeowners automatically receive the benefits of an Automatic Homestead. The Automatic Homestead arises by operation of law when a party’s principal dwelling is subject to a forced sale. In contrast, the Declared Homestead requires that a party record a declaration stating, among other things, that the residence is the principal dwelling of the declarant or his or her spouse and that the declarant or his or her spouse resided

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Posted in Homestead, Judgment, Judgment Collection, Real Estate Attorney Los Angeles

What is a Writ of Attachment?

What is a Writ of Attachment? Attachment is defined as a remedy where a plaintiff can seize defendant’s property before judgment to secure any recovery the plaintiff may recover in a pending lawsuit. It can only be used where there is a lawsuit on file claiming that money is owed. In order to obtain a writ of attachment, a plaintiff must satisfy all of the following requirements: 1. Plaintiff’s claim for money is based on a contract 2. The total amount of the claim must be a fixed or readily ascertainable not less than $500.00; 3. The claim must not be secured; and 4. If the action is against an individual, the claim must arise in a trade, business, or profession context. Because attachment is a harsh remedy, the creditor has the

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Posted in Judgment, Judgment Collection, Litigation, Real Estate Attorney Los Angeles, Writs of Attachment

Confirming and Enforcing An Arbitration Award

Recently, Schorr Law obtained an arbitration award in favor of its clients in connection with a residential real estate dispute. Today’s blog post is about what a prevailing party should do following issuance of an arbitration award so that the arbitration award can be enforced like a judgment. Unlike a judgment obtained during court proceedings, an arbitrator’s award is not directly enforceable.  Until confirmed or vacated by court proceedings, an arbitration award has no more force or effect than a contract in writing between the parties to the arbitration.  (Code Civ. Proc. § 1287.6; Loeb v. Record (2008) 162 Cal.App.4th 431, 449.)  When the parties voluntarily comply with an award, there usually is no need for further judicial proceedings.  However, if the losing party refuses to comply with

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Posted in Arbitration, Judgment Collection, Litigation, Residential Real Estate, Wins

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Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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