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Monday, 23 January 2017 21:04

Construction Contracts Sometimes Go Bad

The job is done - or so says the builder. You do a walk-through, everything seems OK. You close escrow, take possession and move-into your new home.

Tuesday, 02 September 2014 00:00

White & Case opens Florida legal support centre

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Wednesday, 27 August 2014 00:00

Foreclosure Law

Foreclosure Law

David Trapani is an expert at Foreclosure Law.

Some noteworthy cases include:

1.  Defense of an action brought by a property purchaser against my clients who had purchased the same property at a foreclosure sale. Unbeknownst to my clients, while they had bid on and won the purchase of a property at a foreclosure sale, the former owner was at the same time closing escrow to sell the property to a third party. My client had the "trustee's deed" to the property after foreclosure and the other party claiming ownership had a "grant deed" out of escrow. We lost at trial, but won the case on appeal and my clients won title to the property. Nguyen v. Calhoun.

2. Carson v. Wells Fargo Bank - This was an action we brought against Wells Fargo on behalf of a family who had reached an oral loan modification with the bank. The bank reneged on the loan modification and proceeded to foreclosure. We won a restraining order and kept the family in their home for approx. one year without any mortgage payments. The trial court then denied the preliminary injunction. This case is currently on appeal. We are seeking to make some case law precedent establishing a "good faith" requirement on banks to live up to their agreements with homeowners.

3. Zeller v. IndyMac (One West Bank) - This is an action (currently pending) we brought against the lender for homeowners to stop an eviction after a foreclosure sale for wrongful foreclosure. We won the restraining order and the clients have retained their home for nearly 1 1/2 years without mortgage payments via court order.

4. Tenuto v. Chase Home Finance, LLC - This is an action currently pending where the client is a 74 year old gentleman who was duped into a loan when the lender fraudulently inflated income on the loan application, stating that the borrower was making $30,000 per month when he was making less than 1/3 that amount. This typed portion of the loan application was not disclosed to the borrower and he did not sign or initial the page containing this data. We won a restraining order preventing foreclosure of his home on December 1, 2010.

    Wednesday, 27 August 2014 00:00

    Construction Law

    Construction Law

    Nearly 30 years of experience.

    With nearly 30 years of experience practicing construction law in the state of California, we have the experience to assist you with your residential, commercial, industrial or public development projects. We handle all types of construction disputes to include individual owners, developers, architects, engineers and construction companies.

    Reviewing construction contracts can be a daunting task, if you need assistance, contact us for assistance.

     

    Sunday, 22 January 2017 00:00

    Real Estate Law

    Real Estate Law

    Mr. Trapani handles various real estate related matters and lawsuits. These include for example cases where the seller of real estate fails to disclose to the buyer problems with the home, where the builder of a new home is guilty of shoddy workmanship and the home has defects which are not repaired; cases where someone's home is damaged by a landslide or a neighbors careless maintenance or activity on the nearby property; cases involved foreclosure or dealing with the threatened loss of one's home.

    Mr. Trapani handles various real estate related matters and lawsuits. These include for example cases where the seller of real estate fails to disclose to the buyer problems with the home, where the builder of a new home is guilty of shoddy workmanship and the home has defects which are not repaired; cases where someone's home is damaged by a landslide or a neighbors careless maintenance or activity on the nearby property; cases involved foreclosure or dealing with the threatened loss of one's home.

    Document Various documents drafted.
    Grant Deed

    "Grant Deeds" are the most common deeds used to transfer ownership of real estate. The Grant Deed is better than a Quit Claim Deed for the Buyer, since it provides certain promises about the nature and quality of the property and title to the property.

    Quit Claim Deed

    A "Quit Claim Deed" is often used in transactions which need to be quickly consummated or where the Buyer is not as concerned with the nature and quality of the property or title to the property. For example, the use of title insurance together with a Quit Claim Deed can be very effective for the Buyer and often, just as effective as the Grant Deed.

    Promissary Note

    A "Promissory Note" is a contract which states that money is loaned to a Borrower and that the Borrower agrees to pay the Lender back under certain terms and conditions.

    Deed of Trust

    A "Deed of Trust" is California's version of a mortgage. It is the companion to the Promissory Note in most real property loan transactions in California. Most financial institutions will require that a Borrower using real estate as collateral for a loan sign both a Note and a Deed of Trust for a loan. The Note is given to the Lender. The Deed of Trust is "recorded" with the County Recorder of the county where the property is located. The Deed of Trust effectively goes on record title of the property and typically remains there until the property is sold, the loan is refinanced, the loan is foreclosed, or the loan is paid off. If the Borrower does not make the payments on the Promissory Note, the Lender can "foreclose" the Deed of Trust and sell the Borrower's property to satisfy the loan.

    Deed of Reconveyance

    The "Deed of Reconveyance" document is used when a loan is paid off or refinanced. This document is important to clear title to a property.

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    Call (916)-939-2294

    Contact

    Contact the Trapani Law Firm for a consultation now.

    We understand the ins and outs of real estate law, construction law, foreclosure law and personal injury law.

    Contact Info

    2201 Francisco Dr.,
    Suite 140
    El Dorado Hills, CA 95762

    (916)-337-3777
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    9.00 am to 5.00 pm