This firm's practice exclusively engages in the representation of individuals and entities in matters involving real estate.
Established in 1998, the Law Office Of Daniel T. Mosier is located in an historic area of Redding, California, is within one mile from the Shasta County Courthouse and is located in reasonably close proximity to other courthouses in northern California. Daniel T. Mosier also practices in courts located throughout southern California, and within Los Angeles and Orange Counties. Daniel T. Mosier exclusively represents individuals and entities in matters involving real estate.
Since 1989, Dan's practice focus has been real estate law. He is an experienced trial attorney, and has had extensive experience handling civil trials and appeals. Dan is well respected by attorneys, title insurers, underwritten title companies, title officers, escrow officers and other professionals who are active in the real estate industry.
During the past 24 years, Dan has used a vast majority of his time as an attorney representing individuals and entities in litigated cases involving real estate issues, many of which have involved actions to quiet title or clear title, as well as actions for declaratory and injunctive relief. Many of the cases that Dan has handled have involved complex legal issues and multiple parties.
Some examples of the types of matters which Dan has handled are as follows:
-Actions to quiet title, clear title, reform and cancel recorded documents of title; actions to interpret and declare the meaning of language contained in recorded documents of title; and, actions to enjoin interference with the quiet enjoyment of real property title interests;
-Disputes involving "actual" or "constructive fraud", "fraud in the inception", "fraud in the inducement", mistake (mutual and unilateral), forged deeds, altered deeds, deeds erroneously accepted by a recorder for recording, undue influence, the dichotomy between void and voidable instruments, and notary misconduct;
-Disputes involving defective title instruments and conveyances, including deeds of all types (e.g. grant deeds, trustee's deeds, quitclaim deeds, deeds in lieu of foreclosure and easement deeds), mortgages/deeds of trust, reconveyances (full and partial), trust deed assignments, substitution of trustee documents, CC&R's; and, recorded restrictive covenants;
-Disputes arising from erroneous or incomplete real property legal descriptions;
-Disputes involving application of the recording statutes, including contested issues of constructive notice of real property claims affecting the priority of real property interests, and the effect of improper recorder indexing of an instrument/document which, on its face, appears to have been recorded;
-Disputes involving the priority of real property liens (voluntary and involuntary liens), and lender loss of lien priority claims;
Disputes involving express and implied easements, including government easements by contract and/or condemnation; easements for ingress, egress and public utilities; private easements (including road, pedestrian, recreation, water ditch, view and landscape easements); easements by express dedication; implied public easement rights in private roadways; and, the rights and duties of landowners concerning easement maintenance arising by express agreement, or by law in the absence of an executed written easement maintenance agreement;
-Disputes arising from judicial and non-judicial foreclosure proceedings, as well as claims and defenses concerning assertions of wrongful foreclosure by "power of sale," irregularities in non-judicial foreclosure proceedings, and the effect of loan repayment agreements formed after a loan default has occurred;
-Disputes involving contract interpretation;
-Disputes involving interpretation of title insurance policies (traditional and contemporary form policies), including general insuring provisions and exceptions from coverage contained in Schedule B, as well as provisions contained in the " Exclusions From Coverage" and "Conditions And Stipulations" portions of the title policy;
-Disputes involving alleged breaches of title insurer's duties under a title policy ("tortious and non-tortious") as well as alleged claims or assertions premised on errors in connection with matters shown or not shown in a preliminary report or title policy;
-Disputes involving loan payoff and escrow related problems;
-Disputes arising from proof of claim submission in probate and bankruptcy proceedings;
-Disputes in real estate partition actions;
-Disputes arising from lease options (and also land sale installment contracts);
-Adversary proceedings in bankruptcy cases to establish non-dischargeability of debt claims; and,
-Actions for subrogation or recoupment of monetary losses.
Dan has also represented clients in disputes arising from breaches of statutory and non-statutory (common law) duties of disclosure owed to real estate buyers by sellers, licensed real estate brokers and their associate licensees.
Dan is authorized to practice in all California courts, all courthouses of the United States District Court inside California, and the United States Court of Appeals for the Ninth Circuit.
From 1987 to 1989, Dan engaged in a general insurance litigation practice. During that period, he handled a significant number of judicial foreclosure and receivership actions involving high-rise office buildings in southern California.
From 1986 to 1987, Dan worked in Ticor Title Insurance Company's legal department at Rosemead, California.
Representative Clients: First American Title Insurance Company; Stewart Title Guaranty Company; United General Title Insurance Company; Silver Creek Subdivision Homeowners Association, Redding, California; and, Pioneer Trust Bank, N. A.