Mark D. Epstein Partner (510) 251-7143 mepstein@donahue.com Download vCard LinkedIn

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Mark D. Epstein is a partner with over three decades of experience practicing law and over two decades of experience focused on real estate, business, lending and title insurance litigation. He has a solid track record of successful client representations in resolving disputes that entail real property, title, escrow, commercial landlord-tenant, mortgage lending, easement, boundary line, encroachment and lien priority claims. Mark represents property owners, developers, fractional interest holders, title insurers, banks, and other financial institutions, as well as real estate professionals. He also represents business owners in contract disputes and commercial litigation.

Mark has been an adjunct professor at the University of California, Berkeley School of Law where he co-taught a course on real estate transactions and litigation during the fall 2015 and 2016 semesters.

Professional & Community Affiliations

  • Member, California Land Title Association
  • Member, S.F. Bay Area Chapter, NAIOP – Commercial Real Estate Development Association
  • Member, Alameda County Bar Association
  • Board Member, Oakland 100 Club

Recognition

  • Awarded, AV® Preeminent™ peer-review rated, Martindale-Hubbell™

Past Articles/News

  • Author, “Filling the Holes in a “Swiss Cheese Parcel” Correcting Flawed Metes & Bounds Description,” California Land Title Association Claims Awareness Committee, March 8, 2018
  • Author, “The Swiss Cheese Property Conundrum: Correcting CA’s Flawed Metes and Bounds Descriptions,” Western Real Estate Business, October 2017
  • Author, “New Law Regarding Short Sales Goes Into Immediate Effect: No Deficiency Judgments,” Wendel Rosen Client Update, July 2011
  • Author, “Reclaiming Lien Priority: The Doctrine of Equitable Subrogation Explained,” Wendel Rosen Client Update, June 2013
  • Author, “Ensure That You’ve Insured The Right Property,” California Land Title Association (CLTA) Claims Awareness Hot Sheet, October, 2010
  • Author, “New Case Holds That Title Company Has No Liability When It Gratuitously Provides Erroneous Title Information,” California Land Title Association (CLTA) Claims Awareness Hot Sheet, September, 2010
  • Co-Author, “RESPA Update: Enforcement Delay a Call to Action,” Wendel Rosen Client Update, December 16, 2009
  • Author, “Escrow 101: Follow the Instructions,” California Land Title Association (CLTA) Claims Awareness Hot Sheet, February, 2005

Books

  • CEB Contributor on real estate law issues

Past Speaking Engagements

  • Presenter, “What You Need to Know About California Mechanic’s Lien Foreclosure and Stop Notice Litigation: Strategies for Success”, an online presentation for on behalf of the Alameda County Bar Association Real Estate Section, September 4, 2024
  • Presenter, “Navigating Property Disputes: Exploring the Mechanics of Litigating Quiet Title and Real Estate Partition Cases”, an online presentation for on behalf of the Alameda County Bar Association Real Estate Section, March 6, 2024
  • Presenter, “What’s Mine May Be Yours: Involuntary Real Property Transfers”, an online presentation for on behalf of the Alameda County Bar Association Real Estate Section, November 1, 2023.
  • Speaker, “Recovering Possession of Abandoned Leased Premises,” Oakland / Berkeley Association of Realtors, December 9, 2019
  • Speaker, “The Responsible Salesperson: Guidelines to Reduce Your Liability Risks,” Colliers International, May 30, 2019
  • Speaker, “The Devilish Details: Keeping an Eye Out for Mortgage Lien Irregularities That You
    May Not Have Bargained For,” Wendel Rosen Client Seminar, February 13, 2017
  • Speaker, “Title to Real Property – Strange But True Examples of What Can Go Wrong With
    Title, and How to Fix Them” Wendel Rosen Client Seminar, December 12, 2017
  • Speaker, “Unraveling Real Estate Co-Owner Disputes,” Oakland Association of Realtors,
    December 14, 2015
  • Speaker, “Easy In, Not Always So Easy Out,” Wendel Rosen Client Seminar, November 10, 2015
  • Adjunct Profdessor, “Law 257 – Real Estate Transactions & Litigation,” U.C. Berkeley School of Law,
    Fall Semester 2015
  • Speaker, “This Land is … Whose Land?” Wendel Rosen Client Seminar, April 14, 2015
  • Speaker, “Default Remedies: Traps for the Unwary … Weapons for the Wise,” Wendel Rosen
    Client Seminar, June 10, 2014
  • Speaker, “Understanding Title Insurance: What it Typically Covers and Excludes, and What
    Additional Coverage May Be Available,” Wendel Rosen Speaker Series, March 11, 2014
  • Speaker, “Insured Closing Letters: What Attorneys Need to Know,” tele-presentation, National Business Institute, May 2011
  • Presenter, “Opportunity Knocks: Investing in Residential Income Property,” April 2011
  • Presenter, “Important Provisions to Include in Real Estate Related Loan Documents,” National Business Institute, May 2010
  • Presenter, “Borrower vs. Lender: Negotiating the Workout Agreement,” National Business Institute, May 2010
  • Panelist, “Real Property Foreclosure: A Step-by-Step Workshop,” National Business Institute, November 2009
  • Panelist, “In-Depth Title Insurance Principles,” National Business Institute, December 2007
  • Panelist, “Meeting the Challenges of California Real Estate Titles and Title Insurance,” National Business Institute, February 2005
  • Panelist, “California Real Estate Law: Problems and Solutions,” National Business Institute, May 2004