Blog Archives

Statutes of Limitation for Quiet Title Claims

At the outset of brining or defending any claim involving use and possession of real property it is always a good idea to examine the applicable statutes of limitation. This is true because they can either present a possible winning defense or, if you are the plaintiff, they can provide a potential pitfall that you have to carefully navigate around. For example, for quiet title claims there is no particular statutes of limitation. The limitations period is instead determined by the underlying theory of relief – fraud, adverse possession, mistake, trespass, etc. We frequently see statute of limitation defenses rear their head in quiet title claims where the person out of possession seeks to quiet title after a period of time where they were not

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Posted in Litigation, Quiet Title

Effecting Transfer of Real Property – What Deed to Use?

There are many types of deeds that are used when transferring property or title. Below are four types of deeds that can be used to transfer title, each of them serving for different purposes: What is a Deed? A deed is a written instrument that conveys or transfers the title to real property. There are several types of deed a transferor can use to transfer title. Each type of deed has a distinct meaning and purpose relating to what the transferor is warranting when they are transferring the property. What is a Grant Deed? The “grant deed” is the document most commonly used to transfer title to real property in California. When a grantor executes a grant deed, he or she impliedly promises: (1) that before

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Posted in Grant Deed, Land and Property, Quiet Title

3 Tips Before Buying Property with A Boyfriend or Girlfriend

One of the most common fact patterns we see in our real estate litigation practice is an ex-boyfriend, ex-girlfriend, ex-fiancée, or ex partner who purchased property and then broke up with their relationship partner.   The relationship break up also typically means that there has to be a break up with respect to the jointly owned property.   Here are a few things to consider before buying property with a significant other: 1. Do you have a plan if the relationship does not work out? We suggest discussing this ahead of time. Make sure to write down an agreement that both parties sign that governs the co-tenancy relationship. 2. What if one person wants to the sell the property and the other does not? See number 1

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Posted in Homeowners, Joint Tenancy, Ownership, Partition, Quiet Title, Quit Claim, Real Estate Attorney Los Angeles

Zachary Schorr Chosen as Winner of the 2017 Corporate Intl Global Award

We are pleased to announce that Corporate INTL has notified Schorr Law that our Lead Attorney Zachary Schorr has been chosen as the winner of the 2017 Corporate Intl Magazine Global Award: ‘Real Estate Litigation Lawyer of the Year in California’. This is the second year in a row that Mr. Schorr has received this honor.  The Corporate INTL awards are given to attorneys who have been successful for the past year and have shown excellence in both expertise and service. Mr. Schorr is happy to receive this award, and is honored to be recognized as such. Thank you Corporate Intl! Our top rated and awarded attorneys can help you with various real estate matters, including but not limited to: purchase and sale disputes (non-disclosure, escrow deposit disputes, contracts, specific

Posted in Escrow Deposit Disputes, Litigation, Non-Disclosure, Ownership, Partition, Purchase and Sale, Quiet Title, Real Estate Attorney, Real Estate Attorney Los Angeles, Specific Performance, Wins

What is the Chain of Title?

What is the Chain of Title? In real estate terms, the Chain of Title is exactly what it sounds like. It is the historical and public structure (chain) of transfers of title that claimants make to establish an interest in real property. The chain, in this case, is made up of the changes to title to a property between  prior and new owners and/or owners and lien holders. When is the Chain of Title used? Chain of Title types comes to the forefront in disputes involving  priority of title issues.  An example of this would be a case where competing lien holder (lenders) claim to have the first interest in the property.   One lender may then choose to quiet title and have the court declare who has priority.  Priority

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Posted in Chain of Title, Ownership, Quiet Title, Real Estate Attorney Los Angeles

Adverse Possession: An Overview

What is adverse possession? Adverse possession is the process of getting the title to a property by continuous possession for a prescribed period of time. How do you establish it? In order to establish a title through adverse possession, all of the following five requirements must be satisfied: 1. Possession must be held under either a claim of right or color of title.  The adverse possessor must either: (1) have a defective document which tries (but fails) to transfer title of the property to the possessor (“color of title”), or (2) the possessor must actually occupy the property with the intent to claim the title to the property (“claim of right”).  It is not enough to just be on the land; you have to show that you intend

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Posted in Adverse Posession, Litigation, Quiet Title, Real Estate Attorney Los Angeles

What is a Lis Pendens?

  Lis pendens is latin for “suit pending”.   It is also often referred to as a Notice of Pendency of Action.   It is a notice recorded with the County Recorder’s Office in the county where the property is located that puts the world on notice, through its recording, that there is a lawsuit currently pending that concerns title or possession to the real property. When properly recorded, a lis pendens imparts constructive notice to subsequent purchasers, transferees and encumbrancers that an action is pending which affects the real property described in the notice.  California Code of Civil Procedure Section 405.24.  We typically see lis pendens recorded in several types of cases, including:  quiet title, specific performance, easement cases, partition, adverse possession, wrongful eviction

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Posted in Lien On Property, Lis Pendens, Litigation, Partition, Purchase and Sale, Quiet Title, Real Estate Attorney Los Angeles, Specific Performance

Schorr Law Gets Partition Fees Awarded for Common Benefit

As busy Los Angeles partition attorneys we are constantly litigating partition matters throughout Southern California.   Last week, Schorr Law’s lead real estate attorney Zachary D. Schorr was in court following having already obtained an interlocutory judgment on 2 partition matters, which Schorr Law won for its client via a summary judgment motion.   As one part of the court’s ruling on Schorr Law’s fee motion, Schorr Law was able to convince the Los Angeles County Superior Court to allocate 100% of the fees deemed reasonable to the two defendants in the action – the other 2/3rds owners of the properties.  The court found that the fees incurred by Schorr Law’s 1/3rd owner client were for the common benefit of all the parties and thus

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Posted in Litigation, Partition, Quiet Title

Quieting Title to Real Property – Los Angeles

Quieting title is the process through which a party tries to resolve disputes concerning the legal right, ownership and use of real property. At Schorr Law, we view it as a catch all term to some degree or an umbrella term for actions to resolve competing interests in real property. Here are a few things to consider before quieting title to real property:   Do you have a title report? If you have a title report you have a general understanding of the competing claims to the real property. Without such a report, you may be left guessing as to what claims have already been legally recognized.  Usually, when you purchase property you will have obtained a title report – so check your files.  

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Posted in Lis Pendens, Ownership, Quiet Title

How To Use a Quiet Title Claim to Get On Title to Real Property

One of the more frequent scenarios we see in our real estate practice in Los Angeles is a party’s desire to be placed on title to real property even though record title is not in their name. The typical factual scenarios we see are: Two people purchase a property together but only one of them actually goes on title because one of the two people has bad credit; A boyfriend or girlfriend takes title to property in their name alone even that the significant other contributes half of the down payment and expenses for the property – and then a break up occurs…; A family member agrees to go on title to a property because another family member has credit or has other valid reasons

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Posted in Ownership, Quiet Title

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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