Realestate & Malpractice Law Articles
Curated On TatorLaw.comIssuing a Deed Properly
One can issue a deed to property he does not own, the title is just worthless, but if the seller ever acquires title, title immediately shifts to his transferee.
Can You Undo A Judgement?
A defendant in California may undo a default judgment against him, but only if he acts promptly. (The courts say diligently.)
What Happens On Appeal?
Many people have a misconception about what happens on appeal. An appellate court does not retry the case. It does not take evidence. It does not reweigh the evidence taken at trial. It only decides if the trial judge made a prejudicial mistake on the law.
Lines of Credit and Priority
Lines of credit may or may not have priority over a judgment lien, so cash taken out after a judgment is recorded against a property, may be a lien junior to the judgment lien.
Are You A Victim Of Unlawful Conduct?
Victims of unlawful conduct are entitled to the benefit of the collateral source rule. That rule says that if the victim receives payment independent of the wrong doer, the payment received does not count toward reducing the victim's damages. The collateral source...
The Cost of Court Vs. Contractual Arrbitration
Generally court is better and cheaper than arbitration required by contract.
Juniors Cure Seniors?
A junior lien holder position may cure a default on a senior lien and recover from the property owner the amount paid.
Spousal Seizables?
Spousal bank accounts are seizable to pay judgments. Other community property assets in the name of a spouse are also answerable.
Is a Surgeon Liable For Their Nurses Actions?
A surgeon can be liable for the nurses under his supervision during surgery.