Title companies often prepare complicated documents, such as deeds of trust, grant deeds, an promissory notes to accommodate closing escrows, which results in their fees. There can be mistakes that vary in seriousness, and sometimes the only solution is to have the Court order a document re-formed. A recent decision…
Quiet title actions can resolve conflicting claims to the title of real property. Experienced Sacramento and Placer real estate attorneys know that, once a quiet title judgment is rendered & final, it is good against all the world as of the time of the judgment, and there is no going…
Ownership of California real estate is like owning a bundle of sticks, or a bundle of rights. These rights, or sticks, include the right to use, possess, and dispose of the property. Experienced Sacramento real estate lawyers know that some disputes depend on whether you own a stick in the…
Several years ago I had written about how to determine whether or not your California real estate loan is a non-recourse loan, and if you lost the property, through foreclosure, would you have personal liability for the remainder of the debt. I did not discuss two other important considerations, even…
Quiet title is a lawsuit used in California to establish title to real estate against adverse claims. Quiet title attorneys know that If there is a dispute as to title, and claims against a property, the court order decides it once and for all- or almost all. California statutes allow…
Property buyers in California purchase a title insurance policy as a matter of course. Many do not understand what exactly such insurance does for them, and should consult with an experienced Sacramento real estate attorney. Title insurance does not guaranty the state of title. Instead, it is an agreement to…
Generally with California commercial properties, when a tenant defaults there is an unlawful detainer, and the landlord is awarded as damages the rent due until the judgment. If the lease contract would have gone for a longer term, the landlord may later sue for the balance of the rent due…
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.…