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HOWARD L. HIBBARD, ESQ. 251 Park Road, Suite 800
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BIOGRAPHY
Howard L. Hibbard is owner and principal attorney of the Law Office of Howard L. Hibbard, founded in 1979. With over 30 years experience as a trial attorney in both state and federal courts, his primary focus has been on corporate law and complex real estate matters, including construction defect lawsuits. In addition, his clients rely upon him for other legal services including insurance litigation, debt collection, bankruptcy issues, labor relations, elder law and estate planning.
He has extensive experience in real estate and construction defect litigation, with a case history of achieving multi-million dollar settlements involving large housing developments, commercial properties and condominium complexes. He has served as chief legal counsel for a major soil engineering company since 1981, where he has handled lawsuits involving housing developments with as many as 250 homes in a single case.
Mr. Hibbard’s experience handling complex real estate transactions involves structuring, negotiating and documenting the sale and lease of commercial and residential properties. This includes 1031 exchanges and other complex commercial real estate transactions. He also teaches a seminar entitled, The Legal Pitfalls of Short Sales and Foreclosures, that discusses how to avoid foreclosure through loan modification programs, and other important information on buying and selling distressed properties.
Aside from real estate-specific issues, Mr. Hibbard advises clients on a broad array of business and commercial matters including the preparation of commercial agreements, partnerships and other general corporate matters. He also assists contractors, subcontractors, mortgage and real estate brokers, and other persons/entities in taking legal action to recover monies for services and materials rendered.
Mr. Hibbard also has a longstanding history of insurance defense work. He pursues matters involving workers’ compensation, as well as subrogation for insurance companies in multi-million dollar personal injury lawsuits.
Philosophy
Mr. Hibbard’s philosophy has always been guided by what makes best economic sense for his clients — sometimes this means advising clients not to engage in a lawsuit.
Mr. Hibbard provides high-end legal services and takes pride in defending lawsuits on the most cost efficient basis, often at a third the cost of larger law firms. He accomplishes this through his knowledge and skills acquired from 30 years of litigation, affording him the ability to minimize research costs, along with minimizing clients’ risks, and taking the most direct route to maximize recovery for his clients.
REPRESENTATIVE MATTERS
- Represented a 34-unit condominium association against the builder and subcontractors for a building less than two years old with major construction defects, including roof leaks and more. This case required eight separate construction experts to meet the burden of proof and exposed $2.4 million dollars in damages. The successful lawsuit recovery paid for all construction defects including a new roof without further contribution from the homeowners due to minimizing attorney fees and costs.
- Successfully defended borrower against bank’s lawsuit for $80,000 where the loan broker improperly filled out the loan application.
- Continue to represent an uninsured geotechnical civil engineering firm since 1981 in over 25 different lawsuits covering over 500 different homes and commercial buildings. The client is still in business today.
- Recovered a $90,000 real estate agent’s commission when a Buyer and Seller fraudulently colluded to cancel the escrow, and later reopen it to close the deal, in an attempt to avoid paying any commission.
- Represented debtor to sue Bank of America to enforce a signed contractual agreement for a loan modification on her house’s first deed of trust but Bank of America then refused to honor. Successfully won debtor’s lawsuit against Bank of America; and performed a lien strip on debtor’s second deed of trust.
- Continue to defend numerous debtors in bankruptcy lawsuit proceedings saving them thousands of dollars against adversary actions brought upon by credit card companies and others, allowing the debtors to successfully discharge their debts in bankruptcy.
- Represented a Buyer in a real estate transaction whereby the Seller’s broker threatened to close escrow and re-list the property unless the Buyer met the Seller’s demand for more money. The matter was settled on the Buyer’s original terms by recording a Notice of Pending Litigation to prevent the sale of the property until the lawsuit settled.
- Continue to advise start-ups on FORMATION OF CORPORATIONS, whether for a Corporation; Limited Liability Company; Limited Partnership; or setting up companies to purchase and resell real property and other business enterprises.
- Successfully defended Beneficiary’s bequest of her mother’s $800,000 home in a Will Contest brought by other heirs alleging their sibling engaged in elder abuse to void the gift. Beneficiary client was awarded gift in both Superior Court and Appellate Court.
PUBLISHED ATTORNEY IN CASE LAW HISTORY
- Miller v. Ellis, No. A095705, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 103 Cal. App. 4th 373; 126 Cal. Rptr. 2d 667; 2002 Cal. App. LEXIS 4903; 2002 Cal. Daily Op. Service 10868; 2002 Daily Journal DAR 12553.
- Buck v. Barb, No. AO18827, Court of Appeal of California, First Appellate District, Division One, 147 Cal. App. 3d 920; 195 Cal. Rptr. 461; 1983 Cal. App. LEXIS 2248, October 11, 1983.
- Published under another attorney’s name in California Supreme Court.
BLOG ARTICLES
- “FORECLOSURE DANGERS: Beware of Scams to Collect on Purchase Money 2nd or 3rd Deeds of Trust,” HLHibbardAttorney.com (September, 2011)
- “IF YOU ARE A DISTRESSED HOMEOWNER FACING A SHORT SALE OR FORECLOSURE, READ THIS ARTICLE!!,” HLHibbardAttorney.com (July, 2011)
- “Chapter 13 Bankruptcy Debtors: How to Eliminate 2nd and 3rd Mortgages by Lien Stripping!,” HLHibbardAttorney.com (May, 2011)
- “Home Loss By Foreclosure During Loan Modifications – What Can Be Done About It?,” HLHibbardAttorney.com (March, 2011)
SPEAKING ENGAGEMENTS
- Mr. Hibbard created a curriculum entitled, The Legal Pitfalls of Short Sales and Foreclosures, and is an ongoing speaker for San Mateo County Association of Realtors, (2010 – 2011).
- Speaker for Business Resource Meetings for Women’s Council of Realtors, (2009 – 2011).
MEMBERSHIPS
- California Bar Association
- Vermont Bar Association
- San Mateo County Association of Realtors
- Women’s Council of Realtors
ADMISSIONS
State Courts:
- Admitted to law practice in the States of California and Vermont
Federal Courts:
- U.S. Court of Appeals, Ninth Circuit
- U.S. First District Court of California
- U.S. Central District Court of California
- U.S. Eastern District Court of California
EDUCATION
- Southwestern Law School, Los Angeles, Juris Doctor (1977).
- University of Vermont, Burlington, Bachelor of Arts in Economics, (1972).
AWARDS AND HONORS
As a decorated combat infantry lieutenant, Mr. Hibbard feels his war experience assists him in his litigation practice as a legal battle, like real war, requires a sound, quick presence of mind, analysis, and strong action for the client’s best outcome.
- Two Bronze Stars: W/V Device, and OLC
- Four Service Medals: National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal W/60 Device, Army Commendation Medal,
- Combat Infantry Badge, Parachutist Badge, Overseas Bar
- First Lieutenant, Army – Paratrooper Service in Vietnam and Germany Commendations (1967-1969)
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JENIFER G.M. BEHLING 251 Park Road, Suite 800
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BIOGRAPHY
Jenifer Behling, Director of Operations, brings to the law firm her background in communications, marketing and business operations.
PROFESSIONAL MEMBERSHIPS
Board of Director, Women’s Council of Realtors, San Mateo County Chapter, 2009 – Present. Committee Chair for Bylaws & Standing Rules.
Member, San Mateo County Association of Realtors, 2009 – Present.
