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

Judgment Obtained! in Real Estate Matter

We are pleased to report another successful judgment. Yesterday, Schorr Law was successful in obtaining a judgment against a corporation at trial. We successively moved to strike the corporation’s answer on the day of trial and enter their default because the corporation is suspended by the California Franchise Tax Board which means they cannot defend themselves. As a result, we quickly obtained an entry of default and default judgment against the defendant. This highlights the technical nature of the practice of law. Often times, as real estate attorneys in Los Angeles, we are tasked with finding the nuances in the law that allow our real estate clients to prevail in their lawsuits and at trial. This means diving deep into substantive real estate law and

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Posted in Judgment, Litigation

How to Enforce Non-Monetary Judgments Through Contempt

Contempt is any act, in or out of court, “which tends to impede, embarrass or obstruct the court in the discharge of its duties.” (In re Shortridge (1893) 99 Cal. 526, 532.) If a person is found guilty of contempt, they can be ordered to pay sanctions to the court, fined by the court, ordered to prison as punishment for disobeying the court’s order, and ordered to prison until they comply with the court’s order. (See Code Civ. Proc. §§ 1218, 1219.) Particular acts constituting contempt prescribed by statutes. These acts include: disobedience of any lawful…order, or process of court; disobedience of a subpoena duly served refusing to…answer as a witness disorderly, contemptuous, or insolent behavior towards the judge (See Code Civ. Proc. § 1209(a); see

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Posted in Contempt, Judgment

Settling Adversary Complaints in Bankruptcy Court

Our Los Angeles real estate law firm handles a large number of cases each year. We routinely obtain judgments for our clients.  Sometimes, after we obtain a judgment, the judgement debtor declares bankruptcy while we are still trying to collect on our client’s judgment.  Luckily, certain types of debt are considered non-dischargeable debt.  A non-dischargeable debt is a type of debt that cannot be discharged through the bankruptcy court.  One type of non-dischargeable debt is for actions or a judgment based in fraud.  For example, a real estate non-disclosure action in which we obtain a judgment for fraud or intentional misrepresentation generally would be non-dischargeable debt.   Accordingly, if you have a judgment for fraud and the judgment debtor (the person who the judgment is

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Posted in Adversary Complaint, Judgment, Non-Dischargeable Debt, Non-Disclosure, Real Estate Attorney Los Angeles

Zachary D. Schorr’s Expert Appearance on the Dr. Phil Show

Zachary D. Schorr’s Expert Appearance on ABC’s Nightline

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Zachary Schorr Superlawyers

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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If you are currently involved in a real estate dispute, either commercial real estate or residential, and are looking for a Real Estate Attorney in Los Angeles with a cost-effective, results oriented approach designed to meet your case's specific needs, contact the attorneys at Schorr Law. Our real estate firm has the specific knowledge and experience necessary to get you the best possible results.

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