Mortgage Loan Attorneys
Michael T. Chulak & Associates has extensive experience in real estate and
mortgage law, including mortgage and appraisal fraud. Our real estate attorneys provide transactional, consulting and litigation services throughout California
including the following areas:
• Thousand Oaks
• Westlake Village
• Agoura Hills
• Oak Park
• Newbury Park
- Real estate transactions, title matters
- Landlord - Tenant law, evictions,
- Homeowner associations
- Mortgages, judicial foreclosures, receiverships, workouts
- Commercial leases, residential leases, ground leases, licenses
- Construction and repair contracts
- Construction defects, landslides, soils problems
- Civil litigation,
- Mediations, arbitrations
- Real estate broker - Agent license issues, disciplinary matters
- Airbnb nuisance claims
Real estate acquisition
- Abatement of nuisances,
- Real estate disclosures, fraud
- Real estate non-disclosure claims
- Boundary and easement issues, encroachments
- Habitability, mold claims
- Appraisal fraud, bank fraud
- Mortgage fraud, loan fraud,
- Tenancy in Common (TIC) disputes
- Partition Suits
- Mortgage loan modifications
- Lender bad faith
- Lender liability
- Insurance claims - bad faith
- Declaration of Homestead
- Short Sales
- Limited Partnership, LLC disputes
- Premises Liability - Apartments/HOA
- Premises Liability - Business Premises
- Real estate franchising, disputes
- Fair-Housing - Discrimination - ADA
- Cease and Desist Letters
- Accredited Investor Disputes
Arbitrations with the Contractors State License Board
Free Legal Seminars
for Real Estate Brokers and Agents
Buying and Selling Condominiums
The law offices of Michael T. Chulak & Associates is pleased to provide
free legal seminars for residential real estate brokerage offices located in Los Angeles County and Ventura Country. Become an expert in representing buyers and sellers of condominiums and avoid lawsuits.
Mortgage fraud involves an action where
the intent is to materially misrepresent or omit information on a real
estate loan application in order to obtain a loan that would not otherwise
be available to the borrower. Mortgage fraud is a violation of federal law
that can result in imprisonment for ten to thirty years. It is investigated
by the FBI. Thus it is a serious crime.
Mortgage Loan Fraud Examples
Takes place when the value of a property is intentionally overstated or
understated. When overstated, more money can be borrowed against the
property than what would be justified by a proper appraisal. When
understated, in order to obtain a lower price on a foreclosed property, or
to induce a lender to decrease the amount owed on a real estate loan in a
loan modification, appraisal fraud has taken place.
Takes place when a borrower claims self-employment in a non-existent
business or claims a higher level position in an existing business in which
the applicant is employed, in order to obtain a mortgage loan.
Income Fraud: Takes
place when a borrower overstates his or her income on a loan application in
order to qualify for a loan. This commonly occurs with "stated income
mortgage loans" where the lender does not verify the income claimed on the
Takes place when the borrower intends to purchase an investment (rental)
property, but represents on the loan application, that he or she intends to
occupy the property as a primary residence or as a second home. Lenders
charge higher interest rates and generally lend a smaller percentage of the
fair market value to borrowers who intend to rent their property because
default rates are higher with such properties. In such cases, the borrower
has committed mortgage loan fraud because he or she has materially
misrepresented the risk to the mortgage lender in order to obtain better
Cash Back Arrangements: Take
place where the price of the property is fraudulently increased in escrow
with cash being returned to the buyer-borrower outside of escrow, in order
to increase the loan amount and loan to value ratio. The result is that the
mortgage lender loans more money than what it would normally lend making an
unsafe loan. This arrangement would require a fraudulent appraisal.
Identity Theft Loans: Take
place when an individual assumes the identity of a property owner and then
uses that identity to borrow money using the property as security.
Takes place when several mortgage loans are obtained simultaneously for an
amount far in excess of the value of the property and without the knowledge
of the other real estate lenders. Every lender believes it is obtaining a
first priority position but only one lender obtains priority over others who
often lose their investment.
Use of Multiple "Holding Companies":
Takes place when the owner of a property "sells" the property from one
controlled entity to another multiple times in order to create documentation
and the appearance of sales (at inflated prices). This is done in order to
justify a high appraisal that is then used to obtain a high loan amount.
Partition of Real Estate
Partition is a legal action in which a co-owner of real property files a
lawsuit in order to obtain a court order forcing one or more of the
- Sale of the real estate
- Division of the property, and/or
- Division of the profits from the property.
Generally, a partition order by the court provides for an appraisal of the
property which establishes either the sale price of the property or the
price at which one co-owner can purchase the interest of another co-owner.
Partition suits or actions rarely result in court trials. Partition suits
usually result in forcing the co-owners to either voluntarily sell the
property or work out a purchase-sale between them.
Partition actions are most common in the following situations:
- Partnership disputes
- Corporate dissolutions
- Property is inherited by people having different objectives. One wants to
sell the other wants to retain the property
- Destruction of a condominium building or other co-owned building (by fire,
earthquake, landslide, mudslide or otherwise) where the issue of
reconstruction is at issue.
For additional information on partition litigation or any real estate
matter, please contact us for a no cost initial consultation.
Foreclosures of real property can be by judicial foreclosure or non-judicial
foreclosure. Michael T. Chulak & Associates represents clients who are
required to foreclose on real estate and elect judicial foreclosure in order
to collect money owing. We also represent clients in avoiding judicial
The types of properties most likely to be foreclosed by means of judicial
- Rental homes
- Income properties
In addition, homes subject to
homeowner association liens can, and are
generally foreclosed by judicial foreclosure when assessments or dues are
Judicial foreclosures are started by the filing of a lawsuit seeking an
order for sale and money judgment.
The judgment can be collected by the sale of the property, wage garnishment,
bank account levy, rent levy or other methods.
Judicial foreclosures maximize the opportunity to collect from all available
sources of the debtor.
Lawsuits for judicial foreclosures rarely go to trial. Most of these
lawsuits result in payment before the need to actually foreclose on the
Nuisances and Restraining Orders
attorneys at Michael T. Chulak & Associates represent clients in abating
nuisances and in defending nuisance claims. We also represent clients in
obtaining and defending against restraining orders.
Nuisance is defined in California Civil Code Section 3479 as:
Anything which is injurious to health, including, but not limited to, the
illegal sale of controlled substances, or is indecent or offensive to the
senses, or an obstruction to the free use of property, so as to interfere
with the comfortable enjoyment of life or property.
Nuisance is also defined in most CC&Rs of common interest developments.
These definitions are generally much more broad than the statutory
definition. In fact, many homeowner associations are
amending their CC&Rs for the
purpose of creating broad language that can be used to abate many types of
undesirable activities. In addition, some associations are amending their
CC&Rs to permit the board of directors to determine whether a nuisance
A common nuisance provision found in CC&Rs follows:
No noxious or offensive activities shall be conducted within or upon any
portion of the Property nor shall anything be done or permitted within any
Unit which is or could become an unreasonable annoyance or nuisance to the
Without limiting any of the foregoing, no Owner shall permit noise of any
sort (including, but not limited to, barking dogs, the operation of air
conditioners, stereo amplifier systems, television sets, motor vehicles and
power tools) to emanate from an Owner's Unit or any portion of the Common
Area which would unreasonably disturb other Owners' enjoyment of their Units
or the Common Area. Excessive noise levels may be determined in the sole
discretion of the Board which may, but shall not be obligated to rely on
The following elements must be proven in a court of law to prevail on a
That the plaintiff owned, leased, occupied or controlled the property;
That the defendant created a condition that (one or more):
- was harmful to health
- was indecent or offensive to the senses
- was an obstruction to the free use of property, so as to interfere
with the comfortable enjoyment of life or property.
- That this condition interfered with the
plaintiff's use or enjoyment of his or her property;
- That the plaintiff did not consent to the defendant's conduct;
- That an ordinary person would be reasonably annoyed or disturbed
by the defendant's conduct;
- That the plaintiff was harmed;
- That the plaintiff's conduct was a substantial factor in causing
the plaintiff's harm; and
- That the seriousness of the harm outweighs the benefit of the
Call us for a no cost initial consultation concerning any real estate, mortgage or other legal matter.
Please visit: Piercing the Corporate Veil,
Attorneys Fees Provisions,
Free Credit Repair,
Attorney - Client Privilege, Real Estate Recovery Fund,
Glossary of Real Estate Loan Terms
and Punitive Damages.
"As Is" Real Estate Contracts
An "as is" clause in a real estate purchase and sale
contract does not insulate the transferor or seller from the duty to disclose
defects or the requirements of California Civil Code 1102 et seq. "As is"
language serves to give notice of patent defects and means that the buyer
accepts the property condition which it is reasonably observable by him or her.
If augmented by language indicating that the buyer is relying on his or her own
inspection of the property, it may also relieve the seller of the duty to
inspect for defects or to disclose matters that the seller should know but does
not. Also, "as is" language in a real estate sales contract does not protect a
seller from liability for fraud.
In California, sellers of residential
real estate have a legal duty to disclose any facts materially affecting the
value or desirability of the property that are known or accessible only to the
seller and not known to or within reach of the diligent attention and
observation of the buyer. (California Civil Code Section 1102 et seq.)
Notwithstanding, sellers are not liable for latent defects in property of which
he or she did not know about and had no reason to believe existed.
Transferors of residential real estate must provide purchasers with a Real
Estate Transfer Disclosure Statement ("transfer disclosure statement"). Any
attempt to waive this requirement is void as against public policy. This
requirement applies to a sale, exchange, installment land sale contract, lease
with an option to purchase, any other option to purchase, or ground lease
coupled with improvements. Delivery of the transfer disclosure statement must be
by personal delivery or by mail to the prospective transferee.
transfer disclosure statement form includes the transferor's disclosure of
information regarding all of the following:
||The physical condition of the property;
||The existence of hazardous materials or dangerous conditions;
||Encumbrances on the property, including any encroachments;
||Easements or other matters which may affect the other party's interest in the property; and
||Lawsuits against the seller threatening to affect or affecting the property.
Transferors of residential property must also disclose to potential buyers, if applicable, that the property is in a natural hazard area, that the property is subject to a lien created under the Mello-Roos Community Facilities Act, or is subject to an assessment lien collected in installments to secure bonds issued pursuant to the Improvement Bond Act of 1915. In addition, cities or counties may require that sellers or their agents deliver to purchasers the Local Option Real Estate Transfer Disclosure Statement as set forth in the California Civil Code.
Expert Witnesses and Consultants Needed
In connection with our
extensive litigation practice, Michael T. Chulak & Associates regularly
utilizes the services of expert witnesses and consultants. If you believe
you have the knowledge, experience and overall ability to provide these
services, we invite you to complete an
application and return it with your
current resume. Upon receipt, we will enter the information into our
database for use by our litigation attorneys and support staff. Please view
our websites to become familiar with our
areas of practice.
Franchise Your Real Estate or Mortgage Business
The attorneys with Michael T. Chulak & Associates can provide you with the legal services needed to
franchise your real estate brokerage or mortgage business for a fixed legal fee. Payment plans are available and we may accept all or a part of your fee based upon
barter. Call us to discuss your plans to develop a franchised business. Initial consultations are provided at no cost.
Free Estate Planning Seminars
Please visit LegalSeminars.net for a schedule of free estate planning and other legal seminars that we offer. Valuable information will be provided followed by a question – answer session. This is an opportunity to ask questions of an attorney at no cost and without any obligation. We hope to meet you in person at one or more of our legal seminars.
The information presented on this site was prepared for general information purposes only and does not constitute legal advice. It should not be relied upon as a substitute for consulting with a licensed attorney in your state. The law is constantly changing. In addition, the information presented may not be up - to - date or 100% complete. Our attorneys are licensed to practice law in California and seek to represent clients only in California. Sending us an email or other communication does not create an attorney - client relationship. Only signing a retainer agreement will establish an attorney - client relationship. This is an advertisement.
Real Estate Broker – Agent Referrals
Since our law practice has involved consulting with and representing numerous real estate brokers and agents throughout Southern California over many years, we have developed a list of real estate brokers and agents that we will refer to our clients and a list of brokers and agents that we would definitely not refer to our clients. If you need a referral in connection with the purchase or sale of any property or business in Los Angeles County or Ventura County, please call us.
Los Angeles County:
Acton, Agoura, Agoura Hills, Agua Dulce, Alhambra, Altadena, Arcadia, Arleta, Artesia, Avalon, Azusa, Baldwin Hills, Baldwin
Park, Bassett, Bell, Bell Canyon, Bell Gardens, Bellflower, Beverly Hills, Bouquet Canyon, Box Canyon, Burbank, Calabasas,
Calabasas Hills, Canoga Park, Canyon Country, Carson, Castaic, Century City, Cerritos, Chatsworth, Claremont, Commerce,
Compton, Covina, Cudahy, Crystalaire, Culver City, Del Sur, Diamond Bar, Downey, Duarte, East Los Angeles, East Rancho
Dominguez, El Monte, El Segundo, Encino, Firestone Park, Flintridge, Gardena, Glassell, Glassell Park, Glendale, Glendora,
Granada Hills, Hacienda Heights, Hawaiian Gardens, Hansen Dam, Hawthorne, Hermosa Beach, Hidden Hills, Highland Park,
Hollywood, Huntington Park, Industry, Inglewood, Irwindale, La Canada Flintridge, La Crescenta- Montrose, La Habra Heights,
La Mirada, La Puente, La Verne, La Canada, Lake Hughes, Lake Los Angeles, Lake View Terrace, Lakewood, Lancaster, Lawndale,
Leimert Park, Lennox, Leona Valley, Lincoln Heights, Littlerock, Lomita, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan
Beach, Marina Del Rey, Maywood, Mission Hills, Monrovia, Monte Nido, Montebello, Monterey Park, Mount Baldy, Mount Wilson,
Newhall, North El Monte, North Hills, North Hollywood, Northridge, Norwalk, Pacoima, Palisades, Palmdale, Paramount,
Pearblossom, Pico Rivera, Pomona, Quartz Hill, Rancho Dominguez, Rancho Palos Verdes, Rancho Park, Redondo Beach, Reseda,
Ritter Ranch, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, San Pedro,
Santa Clarita, Santa Fe Springs, Santa Monica, Saratoga Hills, Saugus, Sherman Oaks, Sierra Madre, Signal Hill, South El
Monte, South Gate, South Pasadena, Stevenson Ranch, Studio City, Sun Valley, Sun Village, Tarzana, Temple City, Toluca Lake,
Topanga, Torrance, Tujunga, Universal City, Val Verde, Valencia, Valley Village, Van Nuys, Venice, Vernon, Walnut, Walnut
Park, West Covina, West Hills, West Hollywood, West Los Angeles, West Toluca Lake, Westchester, Whittier, Wilmington,
Windsor Hills, Winnetka, Woodland Hills.
Camarillo, Channel Islands, Faria Beach, Fillmore, Moorpark, Newbury Park, Oak Park, Oak View, Ojai, Oxnard, Port Hueneme,
Santa Paula, Saticoy, Somis, Simi Valley, Thousand Oaks, Ventura (San Buenaventura), Westlake Village.
Aliso Viejo, Anaheim, Balboa Island, Brea, Buena Park, Corona Island, Costa Mesa, Cypress, Dana Point, Foothill Ranch,
Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Ladera Ranch, Laguna Beach, Laguna
Hills, Laguna Niguel, Laguna Woods, Lake Forrest, Los Alamitos, Mission Viejo, Newport Beach, Newport Coast, Orange,
Placentia, Rossmoor, San Clemente, San Juan Capistrano, Santa Ana, Santa Ana Heights, Seal Beach, Stanton, Tustin, Tustin
Foothills, Villa Park, Westminster, Yorba Linda.
San Bernardino County:
Adelanto, Apple Valley, Barstow, Big Bear, Big Bear City, Chino, Chino Hills, Colton, Crestline, Fontana, Grand Terrace,
Hesperia, Highland, Joshua Tree, Lake Arrowhead, Landers, Loma Linda, Montclair, Morongo Valley, Needles, Ontario, Rancho
Cucamonga, Redlands, Rialto, Running Springs, San Bernardino, Twentynine Palms, Upland, Victorville, Yucaipa, Yucca Valley.
Anza, Banning, Beaumont, Bermuda Dunes, Blythe, Cabazon, Calimesa, Canyon Lake, Cathedral City, Cherry Valley, Coachella,
Corona, Desert Hot Springs, East Blythe, East Hemet, El Cerrito, Glen Avon, Hemet, Highgrove, Home Gardens, Homeland,
Idyllwild-Pine Cove, Indian Wells, Indio, La Quinta, Lake Elsinore, Lakeland Village, Lakeview, Mecca, Mira Loma, Moreno
Valley, Murrieta, Murrieta Hot Springs, Norco, Nuevo, Palm Desert, Palm Springs, Pedley, Perris, Quail Valley, Rancho
Mirage, Riverside, Rubidoux, San Jacinto, Sun City, Sunnyslope, Temecula, Thousand Palms, Valle Vista, Wildomar, Winchester,
Santa Barbara County:
Ballard, Buellton, Carpinteria, Gaviota, Goleta, Guadalupe, Hollister Ranch, Hope Ranch, Isla Vista, Lompoc, Los Alamos, Los
Olivos, Mission Canyon, Mission Hills, Montecito, Orcutt, Santa Barbara, Santa Maria, Santa Ynez, Solvang, Summerland, Toro
San Luis Obispo County:
Arroyo Grande, Atascadero, Avila Beach, Baywood-Los Osos, Cambria, Cayucos,
Grover Beach, Lake Nacimiento, Los Osos, Morro Bay, Nipomo, Oceano, Paso Robles,
Pismo Beach, San Luis Obispo, San Miguel, San Simeon, Santa Margarita,
California, Christian Attorneys, Christian Lawyers