The average length of unemployment is now nine months, according to the Treasury Department, but Federal foreclosure help for the unemployed only lasts for three months. The Treasury Department was given $46 billion to spend on keeping homeowners in their houses; to date, the agency. Big Deal. Meanwhile, the Keep…
The California legislature last year passed senate bill 931, which became Code of Civil Procedure section 580e, effective January 2011. It provides that when a residential lender in the first position (i.e., the deed of trust recorded first in time) approves in writing a short sale, the lender cannot later…
The California Civil Code has an extensive pre-lawsuit set of procedures for a homeowner to follow to have their homebuilder make repairs. The builder can opt-out and provide his own pre-suit procedures; a recent court decision shows how risky that can be. First the procedures- starting at Civil Code section…
When a lessee or tenant fails to pay rent, California Code of Civil Procedure section 1161 requires that the landlord must provide the tenant with a three-day notice to pay rent or quit before bring an unlawful detainer. Commercial leases sometime provide for a different number of days, but the…
An illusory contract, or illusory promise, is one where the person making the promise has a free pass not to perform. For example, if the duty of a party to performed is subject to his own approval, without conditions, then there is no legal detriment, and no contract at all.…
A spite fence is any fence or barrier intended to annoy the neighbor, and serves no purpose to the builder. In California they are governed by Civil Code Section 841.4. The most famous spite fence on California real estate was Charles Crocker’s 40 footer on Nob Hill in 1879. The…
California adverse possession and prescriptive easement law has undergone some evolution in California since its rural beginnings. Now commonly claimed in urban areas, the courts had modified the available remedies. Adverse possession is the process in which someone acquires ownership of another’s land. The claimant must prove: (1) possession under…
A recent California decision miraculously vacated an arbitration award in a commercial lease dispute. The Columbus Club Inc. owned a banquet room, and leased to a commercial caterer, who did over $300,000 in tenant improvements. The Lessee intended to hold weddings at the location. At their first event, the police…
A recent California bankruptcy court decision ( In re: Eleazar Salazar) found a foreclosure invalid because of failure to record an assignment of the Deed of Trust. In the original Deed of trust (DOT) Accredited was the lender, Chicago Title was the trustee, and MERS was the nominal beneficiary. The…
The California Board of Equalization (“BOE”) is responsible for collection of sales and use taxes. When you buy a product in California and are charged sales tax, the seller is required to file a return, and pay the tax, to the BOE. Sales taxes are imposed by the state, as…