David J. O'Connell

Mr. O'Connell leads a small firm of professionals specializing in real estate issues, business, corporations, limited liability companies, estates, and trust administration. He has more than 30 years of experience in these areas and is fully equipped to advise clients regarding their options and risks in these troubling economic times.

Mr. O'Connell speaks frequently at continuing education seminars on topic including the emerging issues in limited liability companies and legal ethics.

Mr. O'Connell served in the U.S. Army Security Agency from 1968 to 1972, serving in Turkey and Germany.

• Free Consultation
  Free consultation, for the first half-hour, thereafter, client pays billable rate. Attorney requires clients sign consultation agreement before meeting with an attorney.
• Credit Cards Accepted
  Credit card payment for fees accepted; client responsible for all banking charges incurred
• Rates, Retainers and Additional Information
  Retainers financial arrangements subject to negotiation prior to retention. All clients are required to execute engagement agreement prior to any work performed.

California

Since 1988

9th Circuit

Since 1988

Managing partner/owner

O'Connell & Associates

2007 - Current

Managing partner/owner of law firm specializing in real property issues, corporations and limited liability companies, estates and trust administration

Partner

O'Connell & Zuffoletto, LLP

2000 - 2006

Partner in law firm specializing in real estate and employment law, litigation, estates, business, corporations, and limited liability companies

Sole practitioner

Law Office of David J. O'Connell

1993 - 2000

Sole practitioner, specializing in real estate, corporate and business law, estates, and general practice

Associate attorney

Law Office of N. Munro Merrick

1990 - 1992

Associate in general practice law firm

Associate attorney

Law Office of Charles J. Jamison

1988 - 1990

Associate in boutique law firm specializing in tax, real property, and business, including mergers and acquisitions

Thomas Jefferson School of Law

J.D. (1985) | Law

1981 - 1985

Honors: AmJur award for Ethics

University of Massachusetts - Amherst

B.A. (1976) | Political Science

1973 - 1976

Activities: Veterans Coalition for Community Affairs

American Bar Association

Member

Current

Activities: Real Estate and Estates sections

Housing Opportunities Collaborative

Volunteer Attorney

2009 - Current

Activities: The economic jolts of the last two years have hit working class homeowners hardest. Lured into purchases of homes they could ill afford, with unconscionable marketing practices of aggressive mortgage lenders, many of those homeowners cannot afford the monthly payments and face foreclosure now that those loans have adjusted. Worse, an unlicensed cottage industry of "foreclosure consultants" has emerged, offering the promise of help, while simply selling more loans, deeper debt, and more misery. With local volunteers, HOC offers help to those who have been victimized.

San Diego County Bar Association

Volunteer Attorney

2009 - Current

Activities: San Diego County Bar Association pro bono program, offering free legal services to those in need

National Business Institute

Speaker, author

2007 - Current

Activities: Featured speaker at NBI's seminars on the emerging field of California limited liability companies, and legal ethics in foreclosure

San Diego County Bar Association

Member

2000 - Current

Real Property Foreclosure: A Step-by-Step Approach

National Business Institute, Inc.

September 15, 2009

Limited Liability Companies: from Formation to Special Uses

National Business Institute, Inc.

June 5, 2009

Advanced Limited Liability Company Issues

National Business Institute, Inc.

January 13, 2009

Limited Liability Companies, Trends and Developments

National Business Institute, Inc.

June 5, 2008

Q. My dad and I are joint tenants of a home. If my dad passes does full ownership transfer over me or his wife?

October 5, 2022

A: The answer is, as is always the case, it depends.

If the "paper" your step-mother signed was an "inter-spousal grant deed," and that deed granted your father title to the property as "his sole and separate property," then your father took full title and could dispose of the property as his estate planning dictates, if he has any. Even as his sole and separate property, the new spouse that contributes to the funding of the purchase or refinance payment may have a claim to some fraction of the title to the property.

Further, if there are community property debts incurred during the pendency of the marriage, that remain unpaid at your father's death, creditors may seek recovery from the community property first, and then to the separate property assets of both spouses, including this property. That does not address the respective rights or claims of your siblings or your father's heirs, which could be addressed in a revocable trust.

Your question suggests many issues may arise from this acquisition. I strongly advise your consultation with an experienced estate, will, and trust attorney about your understanding of the conveyance. ... Read More

Q. My grandpa passed and did not leave a will. His kids didn’t go to probate or pay mortgage. What are my option to save it

August 1, 2022

A: First, I agree with Ms. Gurewich; you must consult with a probate attorney. But, if a foreclosure notice has been recorded and served, you may not have much time. Depending on where the property is located, and how the mortgage/deed of trust is drafted, opening a probate, at considerable expense, may not catch up with the legal process to take the property to satisfy the debt.

Second, while this is a matter of sentiment for you, you must treat this as a business transaction. You have already done your sums and have concluded that the repairs that the mortgage far in excess of the value of the property. To get to a rational decision on this, you must do a business plan, determine how much it will cost you to open a probate, after which the grandparent's kids get the property; make a rational offer to the kids to acquire their interest, deducting your costs, and then satisfying the mortgage.

Likely a refinance of the property will not satisfy all of those needs. Unless you have wealth independent of the investments you already have made, this may be an extraordinarily difficult row to hoe.

Last, consider an alternative based on the investment you may be required to make in the home in foreclosure. You may find that other, better opportunities, absent a family fight, a probate, and foreclosure, might be a more prudent choice. ... Read More

Q. Can a court appointed referee charge me 10,000 per month evermonth the house is on market?

November 14, 2018

A: The answer to your question will depend entirely on what the Court's partition order says. If the court has ordered a partition, and limited the fees as you suggest, then the referee's fees cannot exceed the court order. But, if the court order states a certain fee to be paid to the referee for his/her services, but leaves out the allowance for costs or commissions, the referee may be within his/her rights to bill the amount you recite.

If you are represented by counsel, and you should be, then have the order compared with the billing to determine if the referee is off base. If you are not represented by counsel, consult with an attorney in the LA area to review the order, the partition, and whether the fees charged are within the court's ruling. ... Read More