Default, Real Estate, & Collection Attorneys Newport Beach, California
In the scenic city of Newport Beach, California ALAW’s office stands as a testament to our expertise and dedication to the financial sector. Our team, well-versed in complex business litigation, default, real estate, and collections, offers a range of services designed to meet the evolving needs of our clients. As Newport Beach continues to be a hub of commerce and innovation, ALAW remains a trusted partner, delivering unparalleled legal expertise.
California Legal News
California Overhauls Process Serving Rules with AB 747
Sweeping new legislation raises the bar for personal service, mandates photographic and GPS documentation, and gives defendants a permanent right to challenge default judgments obtained through improper service. California is poised to significantly reshape how legal documents are served on defendants under Assembly Bill 747, a landmark piece of civil procedure legislation set to take effect on January 1, 2027. The bill introduces the most...
Managing Risks in the Eviction Process
In this article. originally published in the Legal League Quarterly, Attorney Thomas S. Van takes a closer look at the eviction process following a foreclosure sale. In Homeward Opportunities Fund I Trust 2019-2 v. Taptelis (Homeward Opportunities) (2023) 314 Cal.Rptr.3d 391, reh’g granted, opinion not citeable (November 13, 2023), the California Court of Appeal, Sixth District, held that the purchaser in a nonjudicial foreclosure sale must...
Non-Judicial Foreclosures and Junior Federal Non-IRS Liens
As many of you may be aware, the impact of the Show Me State Premium Homes, LLC v. McDonnell, 74 F.4th 911, 914 (8th Cir. 2023), reh'g denied, No. 22-1894, 2023 WL 5920101 (8th Cir. Sept. 12, 2023) 8th Circuit Court of Appeals case is rippling through our industry. This week, a major underwriter issued guidance indicating that a junior non-IRS lien should be...
California Supreme Court Says Lenders Owe No Duty of Care in Loan Modification Negotiations
In a 2020 filed case involving the reasonableness and validity of “release fees” and late fees charged by the lender to the borrower, the Honorable Phyllis Hamilton, United States District Court Judge for the Northern District of California, held that both “release fees” and late fees provided for in the loan documents were valid and enforceable. Plaintiffs Najarian Capital LLC and Najarian Holdings LLC (collectively “Najarian” or “plaintiffs”), both owned by Zareh...