Spencer P. Scheer
Top rated Creditor Debtor Rights attorney in San Rafael, California
Practice Areas:
Creditor debtor rights,
Real estate,
Banking
Education Qualification:
Empire College- School of Law
Practice Areas:
Creditor debtor rights,
Real estate,
Banking
155 North Redwood Drive Suite 100San Rafael, California, 94903
First Admitted: 1983, California
Professional Webpage: https://www.scheerlawgroup.com/attorneys/spencer-p-scheer/
Bar/Professional Activity:
- Member of the American Bankruptcy Institute
- Member of the Marin County Bar Association
- Member State Bar of California, Real Propery Section
Verdicts/Settlements (Case Results):
- Bay Fed. Credit Union v. Ong (In re Ong), 461 B.R. 559 (B.A.P. 9th Cir. 2011). Spencer Scheer of the Scheer Law Group, succesfuly obtained an appelleate decison from the BAP, believed to be the first on this issue in the 9th Circuit. In overtuning the denial by the lower court of a reaffirmation agreement entered into between a credit union and its member, the BAP found that a bankruptcy court cannot review a reaffirmation agreement to determine if there is an undue hardship on the debtor, when the agreement is between a credit union and its members and is properly certified by the member/debtor’s counsel, and is properly and timely filed with the court (See 11 U.S.C. §524 (m)(2). Therefore, the bankruptcy court had no further authority to set a hearing and make a further inquiry (under11 U.S.C. § 524(d)) to determine whether the reaffirmation agreement is in the debtor’s best interest., 2011
- In re ELM INN, INC., Debtor. Eldon ANDERSON; Shirley Anderson, Appellants,v.ELM INN, INC.; Continental Savings of America, Appellees. Case No. 89-16355. United States Court of Appeals, Ninth Circuit This appeal involves a complicated dispute over a parcel of land subject to a bankruptcy proceeding. As counsel for Continental Savings and Loan, Mr. Scheer obtained relief from the bankruptcy stay to allow the client the right to foreclose on real property subject to a ground lease that was unencumbered by the lender's security interest . The case was appealed in respect to the effect of the lease rejection in the bankruptcy proceeding on the lender's security inteest. The appeal indicates dangers resulting from earlier case decisions in the Ninth Circuit holding that lease rejection=termination of the lease, and the impact on the underlying security of the lender
- McCall River Ranch Co. v. Schimmel (In re Schimmel), 2012 Bankr. LEXIS 3418 (Bankr. N.D. Cal. July 26, 2012). The Scheer Law Group, by Spencer Scheer, prevailed for its Client in a trial held in the San Francisco Bankruptcy Court on a complaint to deny the Debtor his general discharge under Section 727 (a)(2)(B) of the Bankruptcy Code. Denial of a bankrupt's general discharge is not common. SLG established that the Debtor concealed the rights of his wholly owned business to continue to collect a commission stream and that he portrayed the business as insolvent, and then took the commission steam for himself. The Court found this to be an intentional conceralment of property of the bankrptcy estate, with the intent to hinder, delay, or defraud, and denied the Debtor's rights to a disharge., 2012
- Qari v. Patelco Credit Union (In re Qari), 357 B.R. 793 (Bankr. N.D. Cal. 2006): Spencer Scheer obtained judgment for a credit union client in a bankruputcy non-discharge case, prevailing on fraud claims related to business and consumer loans fraudulently obtained by the borrower.
- In re Sroa, 2011 Bankr. LEXIS 4552 (Bankr. N.D. Cal. Nov. 16, 2011). The Scheer Law Group (case tried by Spencer and Joshua Scheer) previaled for a client in a Chapter 11 Confirmation Trial in bankruptcy proceedings. The case is noteworthy because it is one of the first cases in the 9th Circuit in many years to define the parameters and use of an 1111b election to combat an attempted strip off of a lien in a Chapter 11 case. Lenders should be aware of the issues and use this tool in appropriate cases. , 2011
Representative Clients:
- Fireside Bank, Pleasanton, CA
- Marin Mortgage Bankers Corporation, Larkspur, CA
- Provident Credit Union, Redwood City, CA
- Bank of Marin, Novato, CA
- S.F. Police Credit Union, San Francisco, CA
- Chevron Federal Credit Union, Oakland, CA
- Wells Fargo Bank, Walnut Creek, CA
- Crown Fortune Properties Inc., San Francisco, CA
- 1st United Services Credit Union, Pleasanton, CA
- America California Bank
- SpringLeaf Financial (fkaAmerican General Financial Services, Inc.,), Northern and Eastern Regions CA
- SafeAmerica Credit Union, Hayward, CA
- Cal-Bay Mortgage Group, Petaluma, CA
- Standard Trust Deed Services Corporation, Concord, CA
- Cournale & Co., San Francisco, CA
- First California Mortgage Co., Petaluma, CA
- Patelco Credit Union, San Francisco, CA
- Prudential Mortgage Bankers, Walnut Creek, CA
- Bay Federal Credit Union, Capitola, CA
- San Mateo Credit Union, San Mateo, CA
- Umpqua Bank
- World Omni Financial Corporation, Deefield Beach, FL
Transactions:
- Note and Deed of Trust Review
- Lis Pendens Expungment
- Identity Theft advisement and response
- Resolution of Cash Collateral / Sale Free and Clear Motions
- Loan Modifications Agreements
- Disclosure Statement Review
- Real Estate Purchase Contract Review
- Title Company Claims
- Responses to Claims Under the FCRA for Improper Credit Reporting
- Filing and Opposing Adversary Proceedings and Plans
- Adversary Proceedings
- Loan Restructuring Agreements
- Residential and Commercial Evictions
- TRO and Injunction Matters
- Motions for Relief from the Automatic Stay
- Reaffirmation Agreements
- Forbearance Agreements
Special Licenses/Certifications:
- U.S. District Court, Northern, Central and Eastern Districts of California, U.S. Court of Appeals, Ninth Circuit
Pro bono/Community Service:
- Legal Aid of Marin Foundation; http://www.legalaidmarin.org/about/marin-justice-league
- Featured guest as expert counsel on 910 AM talk show 'Real Estate Radio' www.talk910.com
Honors/Awards:
- Martindale-Hubbell AV Rating. Mr. Scheer received the highest rating of AV Preeminent receiving 5.0 our of 5., Award/Peer Review, www.martindale.com/Spencer-P-Scheer
Educational Background:
- Graduated from the University Massachussetts, cum laude, 1980
White Papers:
- Mr. Scheer alerts Lenders to recent case law that gives them rights against escrow when loan proceeds are unlawfully diverted prior to escrow closing. Mr. Scheer explaines instances in which Lenders are entitled to recoup their loan losses when escrow does not fulfill its dutes and the extent of escrow obligations to inform a lender when proceeds are not ditributed as instructed by the lender., Unauthorized Disbursements of Lender Loan Proceeds, Lenders
- Mr. Scheer writes an extremely interesting and informative article on Mortgage Fraud. Mr. Scheer advises lenders on many ways in which they can detect fraud and breaks down patterns that frequently occur. Shows Lender ways in which borrowers, brokers, appraisers, as well as title and escrow companies go about trying to defraud lenders. Mr. Scheer gives advise on foreclosure considerations and advises that in the event of a non-judicial foreclosure, the lender should underbid if possible. The article ends with touching on common types of mortgage fraud. A few that Mr. Scheer touches on are forged verification of income; forged bank statements; false representation of occupancy; appraisal fraud and many more. Internal document review for such things as loan applications can be another way that fraud occurs and unless these areas are recognized and policy is put in place to prevent these types of fraud, they will continue to happen. , Lender Review Considerations - Mortgage Fraud
- Reivew of the hisotry of the automatic stay in bankruptcy proceeings from the inception fo the Code. Reivew of legilsative attmepts to change the rules imposing the stay and recent court casees. Review of recent trrends to illegally impose the stay and solutions for creditors., Bankruptcy Hujackings: Improper Use of the Automatic Stay, California State Bar Real Estate Section, 2014
- In this article, Mr. Scheer provides general information regarding tenant in common ownership and lending. and a new retail Tenant in Common (TIC) lending program. Mr. Scheer explains what a TIC loan is, and the impact of rent control and the Ellis Act on lenders making such loans. He further provides key points to consider for lenders considering taking a security interest via a fractionalized TIC loan. , Some Considerations Regarding Retail Tenant in Common Lending, Lenders; Borrowers
- Mr. Scheer clears up any misconceptions relating to new federal law on the subject of evictions for tenants after a foreclosure. Mr. Scheer goes into depth at explaining new federal law regarding foreclosures in relation to the eviction process and clears up any and all confusion with state law regarding notices for tenants occupying a home after foreclosure: The notice period is 90 days for any tenant in residential properties (however in some cases the tenant may stay longer). This article ensure that lenders have up to date eviction procedures and it no way violate any new laws. Foreclosures must be handled under strict laws and any 'slip up' by Lenders can result in untold problems and legal expenses. Mr. Scheer outlines problem free ways of dealing with foreclosures and guidlines for a hassle free process from start to finish. , Eviction Notices Under New Federal Law
- This article is extremely useful to lender clients. Mr. Scheer describes new laws that require lenders to take certain actions, in keeping consumer-borrower information obtained by the lender, confidential and protected. Mr. Scheer outlines specific procedures which banks and mortgage compies must follow in order to ensure that their customers confidential information remain private and out of the 'wrong hands'. This article comments on updated regulations that must be followed by lenders and also clearly outlines ways in which identify fraud can be identified and stopped. , Lender Privacy Issues: Identity Theft Claims, Banks; Credit Unions; Individual Investors
- Mr. Scheer breaks down the certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("DF Act") to give landlords and property owners a better understanding of the rights of borrowers and tenants after a foreclosure has taken place. Mr. Scheer alerts lenders to the impact of the DF Act on the 'Protecting Tenants at Foreclosure Act' federal legislation which gives tenants occupying a foreclosed property 90 days to vacate the premises and in some instances, allows the tenant to occupy the foreclosed property for the remaining term of the leave. Mr. Scheer continues to break down other provisions of the DF Act that might not be so clear to property owners at a first glance. In addition, Mr. Scheer advises the property owners to be sure that they inspect properties prior to foreclosures in order to determine their responsibilities once the foreclosure has been completed., Federal Eviction Law Protections Extended for Two More Years, Property Owners; Landlords; Tenants
Scholarly Lectures/Writings:
- Mr. Scheer offered practical guidance that can be used to protect Lender/business clients' interests. Some key issues addressed by Mr. Scheer in industey articles and insdustry and state bar conferences, include: Deflation and Real Estate Prices, Impact of new legislation affecting lender/busiess rights; forclosure ; loan fraud and loan Modications, bankruptcy real estate cram down issues., Speaker, Strategies for Surviving the Subprime Collapse: Deflation, Stimulation, Litigation and Loss Mitigation; What to Do Now?, 2009
- The Final Phase: Regulation, Litigation and Workouts. This half-day seminar was an informative lecture on legislative review and new developments from pre-foreclosure to eviction. In addition, Mr. Scheer addressed the rules of foreclosure and advised lenders of ways in which they can follow the laws in a foreclosure while preserving their rights., Speaker, Strategies for Surviving the Subprime Collapse, Mortgage Professionals & Private Lenders
- Mr. Scheer was a panal speaker at the annual California State Bar Real Property Section Meeting (2010) held at the Silverado Country Club in Napa, California Mr. Scheer spoke on topics such as Loan Modifications, Residential Short Sales and Retraints on Foreclosures., Featured Panel Speaker, California State Bar Association Real Property Law Section Retreat, http://sections.calbar.ca.gov, 2010
- MCLE credit earned by participants who sign up and participate to hear Mr. Scheer for this tele-web seminar. The 60 minute web seminar will review 2010 caselaw and legislation pertinent to the process of nonjudicial foreclosure from the viewpoint of the borrower/trustor and the lender/beneficiary with special emphasis on foreclosures of owner-occupied single family residences., Speaker, Real Property Foreclosure: Recent Legislative & Case Develpoments
- Spencer Scheer and Ludlow Keeney presented a CLE webinar on behalf of the CA State Bar-Real Property Section. The webinar covrered the practical effect of 2010 legislation and appellate cases on the nonjudicial foreclosure process from the perspective of lender and borrower., Real Property Foreclosure: Recent Legislative and Case Developments, State Bar Of CA-Real- Property Section, 2011
- Mr. Scheer was a panelist for the State Bar of Cailfornia, Real Property Section at its aanual state convention in Long Beach, CA. The presentation was entitled: Real Estate Foreclosusre, How to get it Right., California State Bar Panelist., 2011
- The article gives the history leading up to the implemntation of the current automatic stay in federal bankrputcy proceedings. The article goes on to decribe abusive practices that have resulted from the improper use of the automatic stay, court and legislative responses and recent trends resulting in "hijacking" of bankruptcy protection and the impact on lenders and courts., Co-Author with Joshua Scheer, Bankruptcy Hijackings: Improper Use of the Automatic Stay, Californa State Real Property Journal, Vol. 32, No. 2, Californa State Bar, Real Property Section, 2014
Other Outstanding Achievements:
- Spearheaded the cooperative efforts of a regional bank, title companies and TIC counsel, resulting in the release of the first known institutional retail Tenant in Common loan program in the State of California., 2005
Industry Groups:
- Individual Investors
- Lenders
- Mortgage Brokers
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