SUMMARY OF PRACTICE
Eric joined RHRC in 2003, bringing with him extensive knowledge of business and corporate matters. He spent the prior ten years creating and negotiating multi-million-dollar transactions in Silicon Valley's semiconductor industry. Eric's significant corporate, business, and real estate experience gives him a practical, no-nonsense approach to the law. He is effective at cutting through the haze and confusion associated with most lawsuits and transactions and quickly identifies the relevant issues in order to resolve matters and achieve his clients' goals in the most expeditious and cost-effective manner.
In his practice, Eric focuses on real estate transactions, foreclosures, short sales, mortgages & deeds of trusts, deeds in lieu of foreclosure, loan modifications, California anti-deficiency laws, secured transactions, predatory lending, the federal Truth in Lending Act (TILA), RESPA, lender liability, easements, boundary disputes, real estate and business litigation, negotiating real estate and business contracts, and forming and advising business entities.
Eric has also successfully defended numerous real estate agents and brokers against actions brought by the California Department of Real Estate (DRE) for alleged licensing violations. He also represents property owners for real property tax appeals.
Eric can regularly be found lecturing to property owners, brokers, and agents on the hot topics and latest legal issues surrounding the current mortgage crisis, including the ins and outs of short sales, loan modifications, foreclosures, and related topics. Eric's in-depth knowledge of these areas of the law has garnered him wide acclaim, making him a sought-after lecturer and advisor. He has also authored numerous articles on mortgage-related issues.
NOTABLE LITIGATION
In Re: Aguiar v. Walker, et al. (Santa Clara Superior Court Case No.: 1-04-CV-012791). Successfully defended a claim made by a co-owner in a home that the parties purchased together back in 1986. After 20 years of co-owning the property together, the one co-owner claimed that the other co-owner was a mortgage foreclosure consultant as defined by Civil Code 2945 et seq. and that she should now be entitled to void the original purchase and now become the sole owner of the property. On the eve of trial, RHRC successfully obtained the rarely awarded terminating sanctions which eviscerated nearly the entirety of plaintiff's complaint leaving her with only a small breach of contract claim. After trial, plaintiff lost her breach of contract claim and the defendant/clients prevailed on their counter claims for partition and breach of contract in addition to being awarded prevailing party attorney's fees.
BROKER DEFENSE
- Defended a real estate broker against action by the CA Department of Real Estate (DRE) seeking to revoke the broker's license has result for a conviction of shoplifting, and obtained a restricted license rather than revocation.
- Defended a real estate broker against a revocation against brought by the DRE for multiple alleged violations of DRE regulations including claims for improper supervision of agents and trust fund violations, and obtained for the broker only a 90-day suspension which was stayed by the DRE.
- Obtained a restricted license for a real estate salesperson applicant following denial of the license by the DRE due to prior felony convictions.
- Obtained a restricted license for a real estate salesperson following an action by the DRE to revoke their license as a result of multiple misdemeanors involving alcohol and drugs.
ENTITY FORMATION
- Bay Area Women's Sports Initiative. Formed the San Jose based non-profit corporation Bay Area Women's Sports Initiative (BAWSI), founded by women's soccer legend Brandy Chastain and former general manager of the San Jose Cyber Rays Marlene Bjornsrud. Also assisted BAWSI in obtaining IRS 501(c)(3) tax-exempt status.
- Math Enrichment Summer Academy. Formed the Morgan Hill based non-profit corporation which provides education and tutoring in math throughout the bay area.
- Physical Therapy Company. Formed a professional corporation for a Santa Clara based physical therapy company.
- Mortgage Brokerage Company. Formed a large multi-million dollar mortgage brokerage corporation.
- LLC's. Has formed numerous LLC's for a variety of purposes ranging from the simple mom and pop LLC through multi-million dollar businesses and real estate development companies.
- Other Business Entities. Routinely forms all types of business entities for clients including general partnerships, limited partnership, limited liability partnerships, LLC's, non-profits and corporations (both C and S Corps).
PERSONAL
Eric is an avid pilot and maintains FAA licenses as a certified aircraft inspector and mechanic with both airframe and powerplant ratings. Eric and his wife are raising their two young daughters in Willow Glen, where they have lived for the past 10 years.
