Archive for February, 2011

Marriage of Fossum – Mandatory Award of Attorney’s Fees to Spouse for Breach of Fiduciary Duty (2011-2-21)

The opinion in In re Marriage of Fossum (Feb. 1, 2011) 2011 DJDAR 1629 focused on the characterization of a house that was owned by Edward and Sandra Fossum.  Like many couples, title was taken in the name of one spouse to obtain better credit terms.  The court found that the house was community property, […]

Aceves v. U.S. Bank – Promise by Lender to Negotiate with Borrower Gives Rise to Lawsuit (2011-2-14)

For anyone dealing with distressed mortgages, the story about the lender who said it would “work” with a defaulted loan, only to abruptly proceed to foreclosure, is all-to-familiar.  A legal challenge against the lender must be based on existing legal precedent. The January 27, 2011 decision in Aceves v. U.S. Bank, N.A. gives hope to […]

Kucker v. Kucker – General Assignment to Trust Includes Unspecified Stock (2011-2-7)

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 regarding real property. The facts were […]