A recent decision concerned a property in a real estate transaction that had two deeds of trust securing two different lenders which were recorded at the exact same time. However, they were indexed at different times, and the earlier indexed lender thought he had priority. Generally, where it is a…
Two pedestrians were stuck by a car while crossing the street in Los Altos. They suffered serious injuries, and in a lawsuit named the city claiming this was a dangerous intersection. The city cross-sued the homeowner, charging that a large tree was a hazard and blocked visibility. The tree was…
Recently a federal court in Northern California found that a document which one party claimed was a non-binding proposal was really a binding ground lease agreement with purchase options, which resulted in a 16 million dollar damage award. The proposal concerned development of the Santana Row project in San Jose.…
In historical terms, the California deed of trust is a recent development. Originally parties used a “mortgage” in which the property was conveyed by the buyer to the lender, subject to payment of the debt. Prior to payment of the debt, the lender was entitled to possession of the property.…
I have posted before discussion of a decision which allowed postponing a trustee’s sale, and one which postponed the sale without requiring an injunction bond, because of claims the lender did not comply with Civil Code 2923.5. This section requires that, before filing the Notice of Default, the lender shall…
California lawsuits to set aside a trustee’s sale are generally suits in equity, and a borrower who seeks equity must do equity. One requirement of equity in this situation is that the borrower must pay, or offer to pay, all the secured debt or at least all of the delinquencies…
I have discussed the California Civil Code section 2923.5 requirement in a prior blog about an effort to stop a foreclosure. It requires that, prior to issuing a notice of default, the mortgage lender must contact the borrower by phone or in person to assess their financial condition, and explore…
A prescriptive easement is a right to use someone else’s land by using it continuously without permission. The rules for prescriptive easements have long been established in California. Laches is an equitable concept, which may be raised as a defense, when a party claims that the other side waited too…
A typical California commercial mortgage loan requires the borrower and/or its principals to execute a “bad boy guaranty” (a/k/a recourse carve out guaranty). This which provides for personal liability against the borrower and principals of borrower if certain listed ‘bad acts’ are committed by the borrower and its principals. It…
California Homeowners and Commercial Property Owners often hire contractors to do repairs, remodeling, or new additions to their structures. Most know to make sure that the person or company they hire is a licensed contractor (though you should not rely solely on the contractor’s state license board website). But experienced…