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Julia M. Wei, Esq.
Palo Alto, California
Julia M. Wei is an attorney with the Law Offices of Peter N. Brewer. She specializes in real estate and lending matters.
Recent Activity
We've moved! Come visit us here to www.dirtblawg.com. Many thanks to the talented team at Foliovision for the migration from Typepad to Wordpress, and the new look & feel. Continue reading
Posted Aug 19, 2010 at The DirtLaw Blog
Effect April 22, 2010, the EPA issued a rule requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning. Under the rule, beginning April 22, 2010, contractors performing renovation, repair and painting projects that disturb lead-based... Continue reading
Posted Jun 20, 2010 at The DirtLaw Blog
Recently a family law attorney in Southern California wrote to me to ask if child support judgment holders needed to also record a special request for notice (Civil Code Section 2924) after I wrote about the recent case of BANC... Continue reading
Posted Jun 18, 2010 at The DirtLaw Blog
There has a been a recent flurry of cases in California courts awarding homeowners disgorgement of all fees paid to general contractors (under B&P Section 7031). In cases like White v. Cridlebaugh, 175 Cal. App. 4th 1535 - 2009 and... Continue reading
Posted Jun 11, 2010 at The DirtLaw Blog
If you are talking about purchase money loans (which is actually pretty uncommon around here since most people have re-financed a time or two and not stated above in the fact pattern), then yes, the "piggyback" 2nd loan is also barred by the anti-deficiency statute and the case cite for that is Bargioni v. Hill 59 Cal.2d 121, 378 P.2d 593, 28 Cal.Rptr. 321, (1963).
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In a recent Ninth Circuit case, (In re : Southern California Sunbelt Developers, Inc. "SCSD" June 9, 2010), the Court whacked creditors by upholding the bankruptcy court's award to debtor of over $700k in attorneys fees and $130k in punitive... Continue reading
Posted Jun 10, 2010 at The DirtLaw Blog
Walter - they are all in the service industry, along with mechanics, realtors, plumbers and dentists. The issue is whether it should be a flat fee or an hourly fee for the service performed. If it takes 20 hours or 2 hours, the flat rate gives risk to the broker. If the broker charges an hourly rate, whether it's $20/hr or $200/hr, it shifts the "difficulty" of placing the loan costwise onto the borrower. The point was that flat rates can benefit the borrower in some cases, whereas an hourly rate (being advocated by legislators) will not necessarily accomplish lower costs to the borrower.
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In the recent case of Tarlesson v. Broadway Foreclosure Investments, LLC (May 17, 2010), the California Court of Appeal upheld a debtor's homestead exemption despite the fact that she had deeded away the property at one point because it was... Continue reading
Posted May 19, 2010 at The DirtLaw Blog
S. Family writes: "Do you know how we can get a judgment lien against a property when our judgment is in the name of the individual but the property is in the name of the individual's revocable trust?" Dear S.... Continue reading
Posted Apr 28, 2010 at The DirtLaw Blog
Many private money (or "hard" money) lenders enjoyed the consistency of borrower payments during the economic boom. The recession has put a real squeeze on borrowers and many are now defaulting on their loans. While some may be angling for... Continue reading
Posted Apr 21, 2010 at The DirtLaw Blog
For those of you following the progress of California Senate Bill 401, the Governor signed it yesterday, which means that mortgage debt forgiveness for the California taxpayer is now more in line with the Federal relief act. "SB 401 extends... Continue reading
Posted Apr 13, 2010 at The DirtLaw Blog
When a judgment creditor has gone all the way to verdict, has obtained the Judgment, the first thing the Judgment creditor does is record an Abstract of Judgment in the counties where the creditor thinks or knows that the debtor... Continue reading
Posted Mar 19, 2010 at The DirtLaw Blog
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Mar 15, 2010
“If the 1st and the 2nd lender are the same bank, can that lender still go after you on the 2nd loan if the 1st forecloses?” California court has held “…we hold that, where a creditor makes two successive loans secured by separate deeds of trust on the same real property and forecloses under its senior deed of trust's power of sale, thereby eliminating the security for its junior deed of trust, section 580d of the Code of Civil Procedure bars recovery of any “deficiency” balance due on the obligation the junior deed of trust secured.” Continue reading
Posted Mar 11, 2010 at The DirtLaw Blog
I agree that for a borrower to be faced with some many random fees on a Hud-1 it can be really disconcerting. The public now perceives all these things are "junk fees". An interesting question I heard at a recent CAMB luncheon was, what would you pay if your mortgage broker billed you hourly the time spent on your loan the way your lawyer or CPA did?
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The case of Martinez v. Wells Fargo Bank started in San Francisco over an $800 underwriting fee that the lender charged the borrowers. The borrowers tried (unsuccessfully) to argue that the fee was an "overcharge" and violated Section 8(b) of... Continue reading
Posted Mar 10, 2010 at The DirtLaw Blog
When I started this blog, it was an added service for my clients, but I find that I am getting constant phone calls and emails from people who are not my clients. To be clear, I work with lenders (private... Continue reading
Posted Mar 3, 2010 at The DirtLaw Blog
Christopher Diener of Orange County had already been suspended by the California State bar last year: "In addition, CHRISTOPHER L. DIENER [#187890] of Irvine, principal attorney for Home Relief Services LLC, was placed on inactive status Oct. 9. Attorney General... Continue reading
Posted Mar 1, 2010 at The DirtLaw Blog
Maybe because I am a real estate attorney, people always ask me about real estate prices and the economy. What I know is mostly anecdotal and it seems like the old adage from Realtors TM about "location, location, location" seems... Continue reading
Posted Feb 16, 2010 at The DirtLaw Blog
A normally humdrum article about mortgage rates rising was made way more interesting by Moody's economist Zandi's quote at the end: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/15/MNSP1BVILP.DTL "We have a boatload of homes that ultimately will find their way to a foreclosure sale, and that... Continue reading
Posted Feb 15, 2010 at The DirtLaw Blog
I don't have a crystal ball. My friends, family and colleagues often ask what my thoughts are about the economy and the real estate prices. All I have is anecdotal evidence that suggests that we have just seen the beginning... Continue reading
Posted Feb 10, 2010 at The DirtLaw Blog
Judgment enforcement is a tricky thing. It's even harder when there are multiple creditors going after the same pot of money. In the case of Full Throttle Films, Inc. v. National Mobile Television, creditor Full Throttle tried to collect ~$400k.... Continue reading
Posted Feb 9, 2010 at The DirtLaw Blog
Judy “Miu Wan” Yeung was alleged to have defrauded Washington Mutual Bank and J.P. Morgan Chase to the tune of $6.5M!! She was convicted of one count of conspiracy to commit wire fraud, eight counts of wire fraud, and three... Continue reading
Posted Feb 8, 2010 at The DirtLaw Blog
This case caught my attention. Given the re-finance frenzy of mortgages in California and the surging real estate values here before the subprime meltdown, it's not a surprising fact pattern: Borrower refinances her California condo three times, and on the... Continue reading
Posted Feb 2, 2010 at The DirtLaw Blog
Play Episode 2 – (Audio ~5 min.) EPISODE 2 – UNDERSTANDING YOUR MORTGAGE LOAN DISCLOSURES Hello and Welcome to Episode 02 of the Dirtlaw Blog’s Primer Series. Today’s subject is “UNDERSTANDING YOUR MORTGAGE LOAN DISCLOSURES” and I am your host,... Continue reading
Posted Jan 19, 2010 at The DirtLaw Blog