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Your Legal Corner - Client Alert Blog - Posts for Real Estate Reporter

New 3.8% Medicare Tax May Apply to the Sale of Your Home

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

Section 1402 of the Health Care and Reconciliation Act of 2010 creates a new 3.8% unearned income Medicare tax that goes into effect January 1, 2013. This tax is imposed on individuals with an adjusted gross income above $200,000 and couples filing a joint return with an adjusted gross income exceeding $250,000. This new 3.8% tax will be imposed on income from interest, dividends, annuities, royalties, rental income (less expenses) and capital gains (less capital losses) which are not derived in the ordinary course [...]

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Posted In: Real Estate Reporter  Tax Update 


July 2012 California Foreclosure Reduction Act

Written By: Melissa C. Marsh, Esq., California Business Attorney, July 2012

Effective, January 1, 2013, The Due Process and California Foreclosure Reduction Act requires all banks and lending institutions to implement new procedures that protect California homeowners from inadvertent foreclosure while applying for a loan modification. This brief article explains to whom it applies, the new procedures the banks must implement, and the penalties that may be levied against the bank/loan servicer if they fail to comply.

Eligibility. [...]

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Posted In: Real Estate Reporter 


Should You File a Homestead Declaration in California?

Written By: Melissa C. Marsh, Esq., California Business Attorney, April 2012

In California, there are two types of homesteads: (1) automatic and (2) declared. Although the filing of a declared homestead does add a little to the homestead protection that California law automatically provides to all homeowners, similar protections are enjoyed by homeowners who have not properly recorded a homestead declaration.

As implied, [...]

Tags: california homestead, Ca homestead declaration, homestead in california
Posted In: Real Estate Reporter 


New Rules For Service Of A Mechanics Lien

Written By: Melissa C. Marsh, Esq., California Business Attorney, November 2011

A.B. 456 amends California Civil Code Sections 3084 and 8416, relating to mechanics liens. Existing law requires a claim of mechanics' lien to be served on the "owner or reputed owner" of the property. Accompanying the lien is a proof of service affidavit which is required to state the name of the person upon whom the mechanics' lien was served. Effective January 1, 2012, for a mechanics' lien to be valid, the service of process affidavit (proof of service) must state not only the name of the owner or reputed [...]

Tags: mechanics lien
Posted In: Real Estate Reporter 


Joint Venture Exception to California’s Usury Laws

Written By: Melissa C. Marsh, Esq., California Business Attorney, November 2011

In Junkin v. Golden West Foreclosure Service, Inc.,180 Cal.App.4th 1150 (2009), Gary Bennett (a hard money lender) loaned Donald Junkin III (a licensed real estate agent and investor) $856,000 to purchase a property for $1.975 million. The balance of the purchase price came from a licensed financial institution [...]

Tags: promissory note, usury
Posted In: Business Law Bulletin  Corporate Client Bulletin  Real Estate Reporter 


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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.


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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.