Articles

Bankruptcy Hijackings: Improper Use of the Automatic Stay in Consumer Bankruptcy Proceedings

Spencer and Josh Scheer co-author article in California State Bar  Real Property Journal:
Bankruptcy Hijackings: Improper Use of the Automatic Stay in Consumer Bankruptcy Proceedings (California State Bar Real Property Journal, Vol. 32, No. 3 (2014).  By Spencer Scheer and Joshua L. Scheer.
Read the article here
 
 

NEW LANDLORD TENANT LAWS FOR 2014

NEW LANDLORD TENANT LAWS FOR 2014

By Jonathan Seigel
Scheer Law Group, LLP
jseigel@scheerlawgroup.com

A number of new landlord tenant laws went into effect on January 1, 2014.  Below is a general discussion of some of those laws.  Please contact Jonathan Seigel for more details.  Although none of these laws is groundbreaking, remember, for landlords,  getting the … Continue reading

California Appellate Court Rules that Lender Cannot Condition a Short Sale on the Borrower Owing a Deficiency

August 28, 2013
To All SLG Clients and Affiliates:
From: Spencer Scheer
 
California Appellate Court Rules that Lender Cannot Condition a Short Sale on the Borrower Owing a Deficiency. Expansion of Short Sale Deficiency Protection:
 
Lender Clients frequently call me, distressed that a borrower is engaged in a strategic default and is seeking to affect a short sale.  They … Continue reading

Featured Article from United Trustees Association Summer 2013

Featured Article from United Trustees Association Summer 2013: DOC062613
http://www.scheerlawgroup.com/wp-content/uploads/2013/07/DOC062613.pdf
 
 

SB 900: There is Good News and Bad News: The Lawsuits Keep Coming, but Courts are Reluctant to Support Questionable Claims

SB 900: There is Good News and Bad News: The Lawsuits Keep Coming, but Courts are Reluctant to Support Questionable Claims.
By Spencer Scheer: May 7, 2013.
Clearly, SB 900/A.B. 278 (effective 1.1.13) spells trouble for lenders, and gives borrowers expanded tools to challenge lender/servicer/trustee conduct in loan modification and foreclosure disputes. However, initial response … Continue reading

EVICTIONS: IMPORTANT CHANGES FOR LENDERS CONDUCTING RESIDENTIAL EVICTIONS IN CALIFORNIA

EVICTIONS:  IMPORTANT CHANGES FOR LENDERS CONDUCTING RESIDENTIAL EVICTIONS IN CALIFORNIA
By Jonathan Seigel
Scheer Law Group
San Rafael, California
Post-Foreclosure Residential evictions are becoming a “battleground” for Lenders in California.  Lenders are being treated in many instances as successor landlords and much greater rights are afforded to anyone who claims a tenancy interest.  When coupled with the recent … Continue reading

TO REMOVE OR NOT TO REMOVE: THAT IS THE QUESTION. THEN WHAT HAPPENS?

TO REMOVE OR NOT TO REMOVE: THAT IS THE QUESTION. THEN WHAT HAPPENS?
By Spencer Scheer, Esq., Scheer Law Group, LLP
OVERVIEW: With the recent flood of consumer borrower lawsuits against lenders, establishing state or federal jurisdiction via removal and remand has becomea strategically important consideration that may often determine the direction and resolutionof the case. Counsel that … Continue reading

Attachment: An Essential Creditor Remedy

Attachment is a powerful remedy used by commercial creditors to quickly and inexpensively force commercial debtors to pay their outstanding debts by freezing and seizing their assets. Recently, Scheer Law Group, LLP (“SLG”) successfully attached $2,700,000.00 of a loan guarantor’s assets for the benefit of its client.
Attachment is a pre–judgment remedy under which certain … Continue reading

Federal Eviction Law Protections Extended for Two More Years

A little known result of the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Act”) (Pub. L. 111-203, H.R. 4173, Section 14), was to extend and clarify the Protecting Tenants at Foreclosure Act (“PTFA Act”), Pub. Law 11-22, 123 Stat. 1632, 1660 (2009).
In essence, the PFTA increased the eviction notice period … Continue reading

Set Off. Administrative Stay Violation for Freezing Deposit Accounts

A very troubling case for lenders has recently come out from the Bankruptcy Appellate Panel for the Ninth Circuit. If you place an administrative hold on funds on deposit, without moving immediately for relief from the stay to set off (or in cases where you have a direct security interest, to apply the security … Continue reading