Randolf Krbechek's (krbechek) Blog

The recent decision in Kucker v. Kucker focused on a narrow issue. Is a general assignment of assets valid for transfer of stock into an estate planning trust? The court answered in the affirmative, but not before confronting the statute of frauds. And not before stating an important distinction ...

In a recent and closely reasoned opinion, the 5th District Court of Appeal from Fresno held that a claim of fraud could go to trial, even if the alleged fraud was controverted by the language of the written agreement between the parties. There are points in the opinion for discussion, but let’s s...

In Ahcom, Ltd. v. Smeding, 2010 DJDAR 16125 (9th Cir. Oct. 21, 2010), the Ninth Circuit Court of Appeal considered when alter ego liability could be imposed on corporate shareholders. Applying California law in a bankruptcy context, the court provided contours to alter ego liability. The issue in...

This is the second part of an analysis of Starr v Starr (Sept. 30, 2010) 189 Cal.App.4th 277. The court held that a house acquired during marriage in the name of the husband only was actually community property, even though the wife signed a quitclaim deed in favor of the husband. Explained the c...

In Starr v Starr (Sept. 30, 2010) 189 Cal.App.4th 277, the court was confronted with division of assets at the time of divorce. In an excellently-reasoned opinion, the court found in favor of the wife, and held that she was entitled to a 50% interest in the family residence, even though title was...

The California legislature has been tinkering with the foreclosure rules since the mortgage crisis started in 2007. One of the laws enacted was Civil Code section 2923.52. This section says that a lender must add three months to the normal 90-day waiting period for recoding a notice of sale (i.e....

I have been approached by numerous potential clients asking if I can help with the restructuring of their mortgages. The short answer is that I can provide no assurance regarding a refinancing. The rules are murky, and the literature indicates that lenders are not providing meaningful reductions....

Professor Brent T. White from The University of Arizona Law School has followed up his report issued last fall regarding troubled loans. Prof. White personally communicated with more than 350 individuals regarding their mortgage problems. His new report raises a number of troubling issues, but no...

The overlap between real property law and trust law reaches back centuries, as early trust law was concerned with the conveyancing of real property. Similarly, Prof. Maitland in his famous (and tremendously readable) “The Forms of Action at Common Law” (1909) teaches that eviction law, known as “...

In the recent decision in Estate of Hastie, the court invalidated a transfer of real property made several years before Mr. Hastie’s death. In a matter of first impression under Probate Code section 21350, the court held that the gift to a caretaker was could be challenged years after the deed wa...