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Updated:
When a Real Estate Agent Acting as Referee in California Partition is Immune from Lawsuits – Qualified Judicial Immunity
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Updated:
An Exception to the Due on Sale Clause – Sale from Parent to Child Using An All-Inclusive or Wraparound Deed of Trust in California.
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Updated:
Doctrine of Merger in California Real Estate – Owning adjoining parcels may eliminate an easement on one, but not always
:
Updated:
Asessor Parcel Numbers (APN) Cannot Always be relied on in Legal Descriptions – the Rules Involved
:
Updated:
Easements for Road Use – When the Owner Can Can Make Improvements on the Unused Portion of the Easement
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Updated:
A Notice of Action (Lis Pendens) May be Recorded in a Constructive Trust Action – What it Takes
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Updated:
Easements for Road Access – Is Parking Necessarily Included?
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Updated:
Prescriptive Easement on Property Held By a Tenant – When it Works Against the Actual Owner
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Updated:
Quiet Title Statute of Limitations – When is a Defendant no Longer in Undisputed Possession of the Property?
:
Updated:
Outside Reverse Veil Piercing in California – Factors Considered
:
Updated:
Publishing Summons in Quiet Title Actions – What is Required
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Updated:
Electronic Signatures – How to Prove They are Authentic if the Signer Claims the E-Signature was Forged
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Updated:
Adverse Possession of Real Property that is Being Foreclosed – It Matters Who is the Possession Adverse To
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Updated:
California Quiet Title Judgments- Does it Protect Only Buyers without Actual Notice, or is lack of Constructive Notice Required?
:
Updated:
Alter Ego Liability – What Not to Do if You are a Member of an LLC
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Updated:
When a Deed of Trust is Not Signed By All Owners – Is it Valid?
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Updated:
Damages to Trees – When Treble Damages Requires Trespass
:
Updated:
Notice of Recorded Lien in California – When the Name is Not The Same, it is not Notice, & the Lien Does Not Apply
:
Updated:
Quiet Title & the Staute of Limitations – When is a Plaintiff in Undisturbed Possession of the Land?
:
Updated:
California Foreclosure, Junior Liens, and Unencumbered Percentages – How the sale Proceeds are Split between the Parties
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Updated:
Partition of Property and Attorney Fees – Parties to this Settlement Agreement Not Entitled to Them Because only the Statutory Right was Replicated in the Agreement
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Updated:
A Deed of Trust can be Assigned Apart from the Note, and that often occurs just before a foreclosure. But What Does That Mean? Not Much, the Deed of Trust is Inseparable from the Note
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Updated:
Merger of California Corporations – Avoiding Transfer of Real Property and Tax Reassessment
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Updated:
A License in California Real Estate May Become Irrevocable – How it May Happen
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Updated:
California settlement agreements & section 664.6 – How Far Can Judgment Vary From the Agreement?
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Updated:
The Floating Easement – What it is, and How it is Established
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Updated:
Severing California Joint Tenancies in Partition and Dissolution – the Statutory Steps That Are Required
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Updated:
Revival of Suspended Corporation’s Powers Validates Judgment Lien recorded While Suspended
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Updated:
A Right of First Refusal Does Not Automatically Carry Over for a Holdover Commercial Tenant
:
Updated:
Property Tax Assessment and Tax Basis Transfer – Over Age 55 or Disabled
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Updated:
License to Use Real Property in California – How it Can Become Irrevocable
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Updated:
Partition and Joint Tenancy – It Matters How You Hold Title To the Property
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Updated:
Prescriptive Easements vs. Public Use for Recreation in California- How Courts Tell Them Apart
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Updated:
Unjust Enrichment & Restitution in California – Privity of Contract is not Required
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Updated:
A “General Easement” – Is Not What You Think it is – When Easement Use is Not Restricted to Historic Use
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Updated:
Failure to Perform A Settlement Agreement is a Breach of Contract, and Attorney Fees Might Be Considered Damages for the Breach – But Oops, Don’t Forget to Prove You Incurred Attorney Fees.
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Updated:
The Right of First Refusal – Does it Waive the Right to Partition in California?
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Updated:
California Easements and Claims of Trespass, Nuisance, and for Greater Rights by Prescription
:
Updated:
Implied Dedication of Property for a Public Use – Part 2 – Uses after March 4, 1972
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Updated:
Implied Dedication of Property for a Public Use – Part 1 – Uses before 1971
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Updated:
Partition of Real Estate – Credits and Charges, Prior Owners and Tenants
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Updated:
California Commercial Real Estate Arbitration – What to do if it gets Too Expensive
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Updated:
Adverse Possession and Payment of Taxes – Does it Work to Pay Them When They Are Past Due?
:
Updated:
Partition Actions in California – Can You Sell The Property First, and Determine the Parties Interests Later?
:
Updated:
Specific Performance of California Real Estate Contracts – The Buyer Must Prove that they Satisfied Every Requirement of the Contract
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Updated:
Tresspasser’s Negligence Prevents Him from Obtaining an Equitable Easement; and he Learns NEVER to Seek an Exclusive Prescriptive Easement
:
Updated:
An Affirmative Defense is Not an Action for Purpose of Attorney Fee Awards – How a Court Awarded Fees Anyway, and some Rules of Construction
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Updated:
California Title Insurance – How to Determine if it Still Applies After You Convey Real Property
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Updated:
The Lease – Option: Determining Fair Market Value, and at What Point Rent is no Longer Due
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Updated:
A California Interference with Contract Claim requires a Stranger to the Contract to Interfere – But the Stranger May Have an Economic Interest in the Contract
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Updated:
What can Happen When a Lender Forecloses a Lease, and How the Lessor Can Protect Itself – Privity of Contract vs Privity of Estate
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Updated:
Multiple Deeds of Trust, Recorded on the Same Day, May not Have Priority in the Order Which They are Indexed. A Warning for Foreclosure Sale Buyers.
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Updated:
A Nominal Buyer of Real Estate Had a Contract With the real Owner – Why This Owner Could Not Rescind the Contract, But Was Entitled to Damages
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Updated:
A Fake Deed of Trust and a Fraudulent Transfer – When the Fraud May Be Sucessful
:
Updated:
Settlement Agreements & Judgments – Provisions to Encourage Performance Without Being Found to be Unenforceable
:
Updated:
Stipulating to a Large Judgment for Failure to Perform a Settlement Agreement – Why It Can be an Unenforceable Penalty
:
Updated:
Liquidated Damages Provisions – When is it an Unenforceable Penalty?
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Updated:
Failure to Disclose – In California Real Estate, the Seller’s Expert Must Deal With The Buyer To Be Considered Seller’s Agent; Otherwise, Their Knowledge Will Not be Attributed to the Seller
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Updated:
Adverse Possession: A Situation In Which a Fence and Locked Gate Did Not Provide Notice of Hostile Use
:
Updated:
Reverse Veil Piercing in California – Available to Expose LLC Assets to Liability
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Updated:
Partition – When You Can Partition By Appraisal in California
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Updated:
Void Judgments and the Risk To Real Estate Buyers – An Action to Cancel an Instrument Does Not Quiet Title
:
Updated:
Slander of Title and the Statutory Privilege – What May Be Done by a Trustee Who is Foreclosing a Property
:
Updated:
Multiple Deed of Trust held By the Same Lender –Why Foreclosure of the First Does Not Prevent Deficiency on the Second
:
Updated:
Statute of Limitations to Prohibit Permanent Encroachment in California – Sacramento Appellate Court has its own Rule.
:
Updated:
A Guarantor in a Sales Transaction Only Guaranties What is Described in the Document, and the Guarantor May Be Exonerated – How the Courts Determine Liability.
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Updated:
California Court Grants Equitable Easement Where there was no Prexisting Use – The Test the Court Applied
:
Updated:
Fraudulent Transfers and the Good Faith Defense – Party Raising the Defense Only Needs to Prove It Did not Have Actual Knowledge of Wrongdoing
:
Updated:
A Clash Between a Void Judgment and a Bona Fide Purchaser of Real Estate – How the California Court Sorted out their Rights
:
Updated:
The Statute of Frauds and the Real Estate Commission – When Not Every Owner Needs to Sign the Listing Agreement
:
Updated:
Harming California Trees Can Result in Treble Damages for Replacement, PLUS Treble The Amount Awarded for Annoyance – Blunderers and Rogues Beware!
:
Updated:
Letters of Intent, Agreements to Agree, and the duty to Negotiate in Good Faith
:
Updated:
In California, the Doctrine of Boundary by Agreement and the Doctrine of Practical Location Started As the Same Theory, but Evolved Apart – How the Requirements Developed, Part 2
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Updated:
In California, the Doctrine of Boundary by Agreement and the Doctrine of Practical Location Started As the Same Idea, but Evolved in Different Directions – How the Requirements Developed, Part 1
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Updated:
Quiet Title – You Can’t Assign the Claim Without Assigning All Interest in the Property
:
Updated:
California Escrows and Liability to Third Party Strangers to Escrow – The Difficult Challenge to Finding Liability
:
Updated:
When a California Broker Acts as a Dual Agent, Both The Listing and the Selling Agents are Fiduciaries and Dual Agents of Both Buyer and Seller
:
Updated:
How Many Lease Extensions May Be Made When the Lease Terms Are Not Clear? The Court Explains How To Decide
:
Updated:
Partition Actions and Attorney Fees for The Common Benefit – How Much Chicanery Does it Take to Be Denied All Attorney Fees?
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Updated:
How to Determine if Your California Real Estate Contract Contains the Essential Elements for Enforcement
:
Updated:
When a lender holds both the first and second deed of trust on a Property – What you can do.
:
Updated:
California Title Insurance Covers Marketability of Title, Not Marketability of the Property – Can You Tell The Difference?
:
Updated:
The California Quiet Title Action and Legal vs. Equitable Title – When a Quiet Title May Be Used
:
Updated:
California Delta Water Tunnels Project Will Start Boring Holes In Private Property – Why the Supreme Court Says A Condemnation Action is Not Needed First
:
Updated:
Wrongful Recording of a Lis Pendens – Is It Ever Slander of Title?
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Updated:
When a Contract for Sale of Real Estate is Also a Lease – Seller’s Guide to The Right to Unlawful Detainer
:
Updated:
When Equitable Indemnity Does Not Apply – the Economic Loss Rule
:
Updated:
California Environmental Indemnity Provisions – Do they Cover First-Party Claims?
:
Updated:
Sacramento Enacts Short Term Rental Law – What Real Estate Owners Need to Know
:
Updated:
Lost Profits in Breach of California Real Estate Contracts – the Court Sets Out a Checklist of Evidence Required
:
Updated:
When is the Property Owner Liable for Injury Due to a Dangerous Condition on the Property? Maybe if you know that there are explosives hidden about.
:
Updated:
California Equitable Easement for a Landlocked Property – the Three Prong Test
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Updated:
California Fraudulent Conveyance Defendant Gets Deported Before He Could Be Served – How the Court Had Jurisdiction Over Him To Enter Judgment
:
Updated:
Trustee’s Will File a Declaration of Nonmonetary Interest When Named in California Lawsuits – What It Means
:
Updated:
There Are Exclusive Easements in California- But the Language Must Be Clear
:
Updated:
Real Estate Investors – The Requirements for an Investor to be a Holder In Due Course, Safe from Borrower’s Defenses.
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Updated:
California Real Estate Appraisals – the Test to Determine Who May Rely On Them
:
Updated:
Expert Opinions in California Real Estate Cases – Does the Expert Need to Personally Know the Matter That is the Basis for The Opinion?
:
Updated:
Drafting Around the Good Faith Requirement Implied in Contracts – Parties Get What they Bargained For
:
Updated:
Real Estate Investors Cannot Ignore Disclosures – The Private Placement Memo Was Not Studied, to Their Peril
:
Updated:
Unenforceable Sham Loan Guaranty – When the Guarantor & Borrower are the Same, or the Lender Interferes With the Deal
:
Updated:
Loan Guaranties and Lender Misconduct – When the Guarantor Is Released Due to the Lenders’ Actions.
:
Updated:
Rescission of a Real Estate Contract – It is hard to Undo the Harm, But the Court Must No Matter How Difficult
:
Updated:
A Lis Pendens Must Be Mailed To Owners at the Address in the Assessor’s Role to be Valid; But Sometimes There is an Exception
:
Updated:
Multiple Parties to a Commercial Lease – Why They Do Not Need to All Be Named in a Single Lawsuit
:
Updated:
Escrow – Who the Money Belongs To, And Why it is Important
:
Updated:
California Statute of frauds and real property – how placing property in trust does not require a deed
:
Updated:
A California Lis Pendens (Notice of Pending Action) May Be Recorded In a Fraudulent Conveyance Lawsuit – When it Can Be Done
:
Updated:
Civil Code 1009 and Preventing Public Rights to Use Private Land for recreation – Whose Land is Protected
:
Updated:
The Security First Rule – The Steps to Obtaining a Deficiency Judgment
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Updated:
Equitable Easements – When the Trespasser’s Burden Is Not So Bad to Warrant an Easement
:
Updated:
The Irrevocable License to Use Another’s Land – The Two Steps Required
:
Updated:
Property Owners in California Are Now Liable to Recreational Users for The Owners Negligence in the Owners’ Activities on Their Property
:
Updated:
When is a Property Owner Liable For Injuries That Happen Off the Property?
:
Updated:
California real estate contract covenants can be merged in the Deed – What it takes
:
Updated:
What A Co-Beneficiary of a California Deed of Trust Must Do if they want to foreclose without agreement of other cobeneficiaries.
:
Updated:
The Two Steps to Take For An Executed Deed To Be Effective; & What Happens When the Grantee Does Not Yet Exist.
:
Updated:
Shared Tahoe Vacation Home Gone Bad -When A Right of First Refusal Between Co-Owners Does Not Waive the Right to Partition
:
Updated:
What California Easement Holders Must Do To Get Notice of Foreclosure of the Property
:
Updated:
Partition of land In-Kind (by splitting the property) is Preferred to Sale in California
:
Updated:
Disputed Property Lines and the Importance of the Surveyor’s Decisions in Retracing Ancient Deeds
:
Updated:
Title Insurance does not protect against a Notice of an Abatement Action, which is not a lien, encumbrance, or defect of title; and preliminary reports can’t get no respect.
:
Updated:
Adhesion and Unconscionability in Commercial Leases – The Cotenancy Provision, Part 2.
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Updated:
California Commercial Lease Cotenancy Provisions: When they Can Be Unconscionable or an Invalid Penalty
:
Updated:
Reassessment of California Property Where Entities Are Involved – How To Do The Math
:
Updated:
Title Insurance – Only Insures Against Claims Alleging a Defect, Lien or Encumbrance Against Title – The Preliminary Report Is Not A Contract Guarantying The State of Title
:
Updated:
Deeds in Lieu of Foreclosure – The Rule for Determining When The Transfer Causes a Merger, Allowing Junior Liens to Survive.
:
Updated:
A California Easement for Ingress Means Just That – to Enter and Leave Your Property
:
Updated:
Altered Deeds In California – Sometimes They Are Void, But When They Are Not Somebody Loses
:
Updated:
A Full Credit Bid on California Property Prevents a Lender From Recovering Insurance Proceeds; the Simple Solution
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Updated:
The Security First Rule – how a lender with multiple California properties as security for its loan must protect itself when releasing one of the properties from the deed of trust, and still get a deficiency judgment.
:
Updated:
Aiding and abetting breach of fiduciary duty – the two ways the aider may become liable.
:
Updated:
Mixed Collateral Security – What the Lender Must Do to Be Sure It Avoids The California Antideficiency Rules
:
Updated:
Collecting A Judgment against a Bankrupt LLC – When You Can Hold The Members Liable.
:
Updated:
Judicial Reference Better than Arbitration In California – But the reason the court can refuse to order reference
:
Updated:
California Homeowner’s Insurance & Neighbor Lawsuits – How to determine if an encroachment was an “accident” that will be covered
:
Updated:
The One Step a California Judgment Creditor Must Take In Addition to Recording An Abstract of Judgment to Collect Surplus Funds from a Foreclosure Sale.
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Updated:
What NOT to Do When Buying Property and Concerned about a Prescriptive Easement
:
Updated:
When a California Real Estate Broker is a Dual Agent, both the Listing and Selling Agents Are Dual Agents and Fiduciaries- How and Why That Makes A Difference
:
Updated:
Uncertain Boundary Line and Missing Monuments – Some Rules For How You Locate the Line in California
:
Updated:
Drafting a lawsuit when the lender denies a permanent loan modification after a HAMP trial Period – Some Necessary Allegations
:
Updated:
How you can determine if your real estate contract is specific enough to be enforced – what essential terms are required.
:
Updated:
California Commercial Lease – How to Determine if Option to Renew is Not Enforceable
:
Updated:
The Option to Buy California Real Estate, and Escape Clauses – How Part Performance Made the Promise Binding
:
Updated:
Conditions in California Real Estate Contracts – It makes a Difference if they are Dependent or Independent
:
Updated:
The Sham Guaranty in California – How to Avoid By Making Sure There is Separation Beween the Borrowower & Guarantor
:
Updated:
In California if you Obstruct a Prescriptive Easement, the Court can Require You to Remove the Obstruction, Even if it is a Commercial Building.
:
Updated:
Deeding California Property to Someone To Avoid Creditors Not a Fraudulent Conveyance When There is No Equity; How the Homestead Exemption Helps Beat Intentional Fraud
:
Updated:
A Private Easement for “Public Road Purposes;” its Still A Private Easement Enforceable Only By the Private Parties
:
Updated:
When Can You Use Equitable Subordination of California Real Estate Loans To Get The Priority You Bargained For?
:
Updated:
General reference of California disputes – How you can avoid a courthouse trial without having to deal with unpredictable arbitration
:
Updated:
Fraud in the inducement evidence not barred in real estate contracts between sophisticated parties
:
Updated:
The Performance Deed of Trust, Used in California to Secure Obligations other than Payment of Money. When It Can Be Reconveyed.
:
Updated:
Joint Tenancy in California Real Estate – Termination of Family Joint Tenancy Can Trigger Reassessment. Pitfalls of Using Them As A Will Substitute
:
Updated:
Prescriptive easements and landlord -lessors. When the easement can be established against the owner of rented property in California.
:
Updated:
How Old Can A Mortgage or Deed of Trust be and still be Enforced in California? The MRTA Provides An Answer.
:
Updated:
Catastrophic Damage to California Real Estate During a Purchase Transaction – How the Risk Is Allocated After Fire, Flood, Landslide,or other Disaster.
:
Updated:
When a Bankruptcy trustee abandons California real estate – Who it Belongs to, And When the Automatic Stay is lifted
:
Updated:
The Disappearing Sublease – What can happen if the Sublessor files Bankruptcy, and ways to protect the subtenant or assignee.
:
Updated:
Liquidated Damages, Penalty, or a provision for Alternative Performance?
:
Updated:
California ‘One Action Rule’ may not apply if the property is out-of-state
:
Updated:
The Sham Guaranty – where the guarantor shares a substantial identity with the borrower, the guaranty may be found invalid in California real estate loans.
:
Updated:
A Home was excluded from a loan guaranty, but the proceeds from sale of the home were not protected. What a surprised guarantor left out.
:
Updated:
Does a mortgage broker meet its duty to prevent fraudulent loans by arranging for title insurance? The Court found evidence of obtaining insurance relevant to the broker’s duty, not barred by the collateral source rule.
:
Updated:
The Relative Hardship Doctrine in California real estate – When it provides exclusive use, while a Prescriptive Easement does not. Part 2- How Relative Hardship Differs from Prescriptive Easement
:
Updated:
The Relative Hardship Doctrine in California real estate – When it provides exclusive use, while a Prescriptive Easement does not. Part 1- Balancing the Hardships
:
Updated:
Adding additional judgment debtors to California Money Judgments.
:
Updated:
Option Agreements with other lease or purchase conract attached – when the binding contract is formed.
:
Updated:
Letters of Intent May Be Enforced in California – Steps to be Sure they Are Not Binding
:
Updated:
Interference with a California Easement – it can occur when you refuse to permit the holder to make improvements
:
Updated:
The California “Right to Repair Act” is not the exclusive remedy for construction defects, especially if there has been actual property damage.
:
Updated:
When the Extent of a California Easement is not clear from the grant, the extent is determined by historical use.
:
Updated:
Non – Refundable Deposits in California real estate contracts – not valid in rising market; The Alternative!
:
Updated:
Notice in a California Commercial Lease – The Lease Language Governs, Most of the Time
:
Updated:
California Lis Pendens, or Notice of Action, may be a avoided by a bankruptcy trustee as a Preference
:
Updated:
California borrower with out – of – state property – avoiding liability for deficiency judgment or collection on the note.
:
Updated:
In California residential short sales, 580e has prohibited deficiency judgments since 2011; but a Court ruled that CCP 580b prohibits judgments that happened anytime.
:
Updated:
Acceleration Clauses in California real estate loans – what they are, and how the work
:
Updated:
HAMP and Servicer’s signature on the modification; another Court sees through the servicer’s attempt to stretch the payments while denying a modification.
:
Updated:
California attorneys hired by title companies to pursue title actions have both the title company and the insured as clients, and the attorney – client privilege protects all three.
:
Updated:
Attorney fee provisions in California contracts can be restricted to contract claims, or expanded to cover any dispute. How the provision must be worded to do either
:
Updated:
A California Option Which Was Illegal Because It Violated the Subdivision Map Act, Saved By an Amendment.
:
Updated:
Senior lien holder modifies the terms of their loan in a workout agreement – what it takes to lose priority to a junior lienholder
:
Updated:
The Modern C.A.R. Real Estate Forms Allow the Seller to Cancel until Buyer’s Contingencies Are Released in Writing
:
Updated:
California Commercial Lease Negotiations – The Landlord’s CAM Estimates May Need To Be Accurate, And The Landlord Cannot Raise The Percentage
:
Updated:
Recording a Wild Deed To Divert Property Tax Bills Can Help Establish An Element of Adverse Possession, But Gets You Thrown Out of Court For Unclean Hands.
:
Updated:
Calculating damages in real estate fraud in California – it’s worse for fiduciaries, but lost profits can be recovered
:
Updated:
California Loan Modification Trial Period Plan (TPP) under HAMP – Requirement That Lender Return Signed Modification Is a Flim-Flam, says 9th Circuit.
:
Updated:
Assignment of California real estate loan does not assign fraud claims – Heritage Pacific foiled in plan to sue on 2nd note.
:
Updated:
California adverse possession of property owned by tax exempt organizations is easier – property taxes do not need to be paid.
:
Updated:
A California Real Estate Purchase Money Loan Can Be Made After The Sale Closes -an unusual situation where the seller cannot collect a deficiency judgment.
:
Updated:
The 90 Day Notice required by the Protecting Tenants at Foreclosure Act of 2009 only gives California tenants an argument, but no rights.
:
Updated:
Is the mortgage bank collecting your California loan a “debt collector” under the FDCPA? The 2 tests for debt collector, and a court that found Wells Fargo was not a debt collector.
:
Updated:
California Quiet Title Actions can be decided by judge or a jury – how the court determines who decides
:
Updated:
Wells Fargo forgot they modified California loan & began foreclosure, may be in violation of Equal Credit Opportunity Act
:
Updated:
In California real estate sale, constructive notice of a deed restriction in the recorded document may not overcome the sellers duty to affirmatively disclose.
:
Updated:
Promissory Estoppel and California Loan Modification Trial Plan – If the elements are met, the Promise Can Be Enforced.
:
Updated:
California Cross-collateralized loans – default on one is a default on all, but does not violate a subordination agreement.
:
Updated:
California foreclosures -when the trustee makes a mistake on the beneficiary’s credit bid, sometimes they can void the sale and start over again
:
Updated:
California Real Estate Loans, Usury, & Brokers. A Broker Can Arrange The Loan & Profit On The Deal
:
Updated:
California Construction Contracts and Arbitration – When the Issue is whether the contractor was unlicensed, Courts Can Throw Away the Arbitrator’s Decision.
:
Updated:
Jurisdiction of California Courts After the Civil Suit Is Decided – Sometimes It Continues, but There Are Limits
:
Updated:
California Homeowners Associations can foreclose assessment liens, but must give notice after sale that the owner has 90 days to redeem- pay the debt and get the property back.
:
Updated:
California Owners and Brokers have Duties To Potential Buyers; There may be liability for failure to warn of dangerous conditions.
:
Updated:
California real estate and the Doctrine of Merger; titles, easements, and leases can disappear sometimes if the lesser and greater estates are held by the same person.
:
Updated:
California Motion To Compel Arbitration Granted If There Could Possibly Be Inconsistent Rulings. Judicial Admissions Work Both Ways, Not Just One Way.
:
Updated:
The Business Judgment Rule does not allow a California Board of Directors to rewrite a contract and expand its discretionary authority.
:
Updated:
No requirement to allege tender of payment of the loan when trying to prevent a California foreclosure; and the court unlikely to take judicial notice of facts stated in a declaration.
:
Updated:
California court finds FHA insured loans require following HUD guidelines prior to foreclosure, including face to face meetings.
:
Updated:
California court takes Judicial Notice of Agreement on Website – JPMorgans Purchase of WaMu loans did not include WaMu liabilities
:
Updated:
California Duty to Disclose and concealment – where a bank’s memo did not create a duty
:
Updated:
California deed of trust – failure to name the trustee in the deed of trust does not prevent foreclosure
:
Updated:
Acceleration Clause in California promissory note -Requires the creditor to exercise the clause.
:
Updated:
Cutting Down A Tree On A Property Line in California – Damages and Why A Neighbor Should Think Twice Before Running a Saw
:
Updated:
Lenders on California real estate may owe duties to their borrowers -Part 2: Lenders who cannot produce or authenticate documents don’t have evidence in California Courts
:
Updated:
Lenders on California real estate may owe duties to their borrowers -Part 1: Statement of Opinions can sometimes be relied on.
:
Updated:
California Prescriptive Easements – When The Owner Gives You Permission to Use the Property, You Cannot Make a Claim For Establishing an Easement.
:
Updated:
California Commercial landlords have two new disclosure requirements in 2013- Energy Use, and whether the property meets accessability standards
:
Updated:
Sacramento Kings Partnership Agreement allows Partners to Match the Deal for Sale of a Partnership Interest.
:
Updated:
California equitable easements created when hardship worse for the user, and the plaintiff is a jerk.
:
Updated:
How the Sacramento Kings may be kept in town for less money; the right of first refusal that often appears in Partnership Agreements.
:
Updated:
Evidence of fraudulent promise to get borrower to sign real estate loan documents now admissible in California.
:
Updated:
Construction defect claims in California common interest communities can be forced to arbitration by including FAA arbitration clause in CC&Rs. Association damages claim decided by arbitrator, not jury
:
Updated:
When a California home buyer gets both a first & second from the same lender, and the lender forecloses on the first- three scenarios for the second deed of trust.
:
Updated:
California commercial lease provisions prevents claim for constructive eviction or breach of covenant of quiet enjoyment – the right language saves a landlord.
:
Updated:
Assignment of California claim for quiet title also requires assignment of the interest in the property- otherwise, the assignee is not the real party in interest.
:
Updated:
California best efforts provision only requires reasonable diligence. The promisor is not a fiduciary
:
Updated:
California doctrine of agreed boundary as defense in Quiet Title action requires an actual agreement be proven
:
Updated:
In California Slander of Title, Attorney Fees are considered as a pecuniary loss on their own- no other financial loss is required
:
Updated:
Buyer at California Foreclosure Loses Because Deed of Trust was forged. A forged deed of trust cannot convey title, even to a bona fide purchaser with no notice of the forgery; and recording a Lis Pendens in a lawsuit is privileged.
:
Updated:
California court may not extinguish or reduce an easement for non-use. Easement holders have rights.
:
Updated:
California unclean hands defense beats a challenge to a forged deed. Why It pays to act ethically with California real estate.
:
Updated:
California law provides double damages for harm caused to trees. Civil Code section 3346. A Court applied it to harm caused by trimming a neighbor’s tree.
:
Updated:
Californians should wait to 2013 to refinance their purchase money loan- then SB 1069 – CCP 580b may protect them from personal liability
:
Updated:
Close your short sale by December 31, 2012 or else – the Mortgage Debt Forgiveness Act is set to expire, and you will be liable to pay tax on forgiven debt.
:
Updated:
California Judge would not force parties to arbitrate real estate concealment claim against seller Nick Cage, though Purchase Agreement had arbitration provision- buyer included Construction defect claim against builder
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Lender on California Property has security interest in the property, but apparently not in the money held back in escrow. How an unsecured creditor beat the secured creditor to the funds.
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Recording California deeds of trust & equitable subordination – when a lender can record last, but be considered first, to collect on foreclosure
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California Homeowners Association Gets Court Order To Modify CC&R Super-majority voting, and members only get 4 days notice.
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California construction contractor used multiple names, but court rescued it from being considered an unlicensed contractor. When a limited partnership is a general partnership in contractor fantasyland.
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Lender tells California homeowner to skip a payment, and she would probably get loan modification because she was pre-approved – Court finds lender may have wrongfully induced the borrower to place her loan in default
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California business owner / property owner liable for dangerous condition caused by employee, & it does not matter if the owner knew about it.
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Loan Modification accepted, lender foreclosed anyway, Part 2 – setting aside a wrongful foreclosure, when the borrower does not have to tender payment of the loan balance
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California real estate loan modification accepted, but bank foreclosed anyway – Part 1 -Court finds that there was a modification contract once the borrower signed and returned the agreement.
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California real estate partition action provides for attorney fees – One Court apportioned them based on bad conduct of a party who got greedy
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California homeowner sues loan servicer, but servicer files cross claim for judicial foreclosure. Servicer can file in its own name, and this borrower may be liable for deficiency two different ways.
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California Quiet Title actions; a lawsuit to resolve disputes between different claims affecting title to real estate
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California real estate lender surprised that C.C.P. 580b applies to settlement of lawsuit, denied deficiency judgment
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New California SB 1069 – CCP 580b protects borrowers from deficiency judgments after refinancing real estate loans
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Bad Faith Waste & Intentional Impairment of Security – when a California borrower is liable for harm to the real estate that secures their loan. Part 2, impairment of security.
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Bad Faith Waste & Intentional Impairment of Security – when a California borrower is liable for harm to the real estate that secures their loan. Part 1, bad faith waste.
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California Mechanics Liens and Bankruptcy -The Rules on recording and foreclosing the lien
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California Civil Code 2079 only establishes the selling broker’s duty to inspect and disclose- the code does not apply to buyer’s broker. What about the section’s statute of limitations, and the Buyer broker’s duty?
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California Commercial Loan Guaranty Means What It Says; The Guarantor Is Liable, and the lender does not have to foreclose the property first.
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California Civil Code section 2923.5, Which requires foreclosing lender to explore options to avoid foreclosure, creates a private right of action for the borrower.
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California real estate purchase and sale contracts, CAR forms, and the mediation provision – the two parts to the rule that can prevent you from obtaining attorney fees.
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Part 2 – California real estate broker who is designated officer of corporation does not owe third parties a duty to supervise employees, neither under statutory law nor agency principals; Something more is needed for liability.
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California real estate broker who is designated officer of corporation does not owe third parties a duty to supervise employees, neither under statutory law nor agency principals; Something more is needed for liability. Part 1
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California arbitrator makes a mistake, plaintiff’s $1.6 million arbitration judgment is worthless. More evidence of the risks of arbitration
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Who Does The California real estate broker represent? Problems arise when the agreements are not clear.
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California title company error delays foreclosure nearly 2 years, but lender cannot get delay damages. What the court requires to prove delay damages for title company error.
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California real estate quiet title actions; there are no default judgments; everyone can prove their case.
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Options on California real estate-are they interests in the property? An option holder is surprised by the statute of limitations, and the negligent broker gets away.
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California real estate loans and foreclosure -2 considerations regarding whether you may be personally liable
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Quiet title lawsuits and California real estate. How the quiet title judgment was not enough for one homeowner
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California title company misses notice of merger, insured loses sale of property, but title insurer not liable. A court holds that “good title” not the same as “marketable title.”
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California commercial landlord and mitigation of damages- rents from later tenants can offset rent owed before the first lease was terminated.
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California Deeds of Trust -time of recording, not time of indexing, determines priority when there is no issue of constructive notice
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California homeowner sued by city, claiming adjacent tree contributed to accident. When the property owner is responsible for adjacent trees.
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California Letters of Intent & Proposals – When a proposal was really a contract, and the $16 million dollar surprise
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California Mortgage vs. Deed of Trust -they are the same, almost. How a mortgage and deed of trust compare, and a homeowner who was foreclosed on got a surprise from the court.
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California court establishes bright line on the tender requirement & finds that the lender’s failure to explore options- Civil Code 2923.5 – does not allow setting aside foreclosure
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Setting Aside California Foreclosures and the Tender Requirement; The 4 Exceptions to The Rule, and How This Homeowner Was Saved By One.
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Complying With California Civil Code section 2923.5 Requirement for Mortgage Lenders to Explore Options to Foreclosure; When Failure May Be Enough To Stop The Sale.
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California Prescriptive Easements and Laches: Whether Laches Can Ever Be A Defense To An Easement, And Why, or Why Not
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California Commercial Mortgage Loans and the Bad Boy Carve Out Guaranty; How It Works, And Whether A Tenant Who Abandons Property Can Trigger Liability
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When a California Property Owner Is Liable For Construction Injuries – The Rules regarding Licensed Contractors and Employees
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California Real Estate Broker Commissions – When They Can Be Earned, and A Court’s Interpretation
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California Checks Marked Payment in Full; If you Cash It, Is the Debt Cancelled? The Rules of Accord and Satisfaction
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Does A Lender Foreclosing on California Real Estate Need to Possess the Note? California State Court Clarifies The Rules On Assignment of Deeds of Trusts and Promissory Notes
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California Commercial Real Estate Loan Guaranty Waivers & Antideficiency Protection; Can It Be Waived, And What Happens If The Law of Another State Governs?
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California Corporations & LLCs, and Piercing the Corporate Veil; When the Individuals Are Liable for Corporate Debts as Alter Egos, and the 16 Factors Used By Courts
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California Lease with Option To Extend – Exercise By One Tenant May Not Bind Others, And The Lessor Can Waive Strict Requirements
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A California Real Property License is Not an Easement, But It Can Become One: What A License Is, and How It Becomes Irrevocable
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California Foreclosures and Utility Bills- What Steps Homeowners Can Take To Avoid or Reduce Liability After The Sale
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California Commercial Leases & Covenant of Quiet Enjoyment- Tenant Can Waive the Covenant, So They Better Read The Lease.
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An Option on California Real Estate – How to Determine if It Truly Is An Option, and What Is Needed To Exercise It
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California Commercial Leases And Subrogation Waivers- What You Need To Know About Their Meaning And Use
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California Commercial Building Owners and Landlords Soon To Be Required To Report And Disclose Energy Use During Lease, Lending and Sale Transactions
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California Flexible Purpose Corporations; Are They Different From Benefit Corporations?
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California Public Benefit Corporations; What They Do, And How They Are Created
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CFSB and Mortgage Complaints – What California Homeowners With Loan Problems Can Do
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California Residential Landlords Can Now Ban Smoking Under New Statute
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The Financial Crisis -Not Caused by Government Housing Policy, Fannie -Freddie, or The CRA, And Banks Are Not Just Victims
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California Adverse Possession And Co Owners- What It takes To Adversely Possesses The Property Against Your Co Owner
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California Brokers And Breach of Fiduciary Duty – The Customer Has Four Years To Sue Under the Statute of Limitations
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Rights of First Refusal In California Contracts – What Triggers it, and When The Right Holder’s Offer Can Vary
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Tender of Performance- Five rules in California Real Estate and Business Contracts, And The Consequences For Failing To Tender
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California Equitable Easements – The 3 Prong Test To Establish One, And A Court Grants An Easement To A Man To Pump Water From His Brother’s Well.
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California Equitable Easements- What Are They, And When Can You Get One For Future Access To Property That You Have Not Needed To Access.
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California Residential Landlord Liability For Injured Tenants – When Can They Get a Waiver In The Lease?
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When A Developer of California Condominium Project Cannot Enforce CC&R’s -What Developer & Owners Need To Know
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California Eminent Domain – What Is Fair Market Value?
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California Commercial Lease Eviction – If It Is Overruled On Appeal, The Tenant/Lessee Has A Claim against the Landlord – Lessor For Breach of Contract
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California Condemnation & Eminent Domain- The Procedure The Government Follows If It Wants Your Property
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California Hard Money Lenders – When Investors Are Not Holders In Due Course, And Are Liable For Usury
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Buying California Real Estate at a Trustee’s Sale -What Happens if the 2nd Is Foreclosing, and The Buyer Is Subject to The First Deed Of Trust?
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Sacramento Real Estate Scam -Diversified Management Consultants (DMC) – When Is Your Investment Secured By Real Estate?
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California Commercial Real Estate Loan Modification And Workouts; As Loans Come Due, What Do the Commercial Borrowers Do?
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California Prescriptive Easements On Real Property- Is Payment of Taxes Ever Necessary, And When Can you Get An Easement on An Easement?
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Commercial Leases – California Lessors & Landlords Have An Advantage
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Terms of the California All-Inclusive Deed of Trust or Wraparound Mortgage: Part 2
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Use of the All-Inclusive or Wraparound Deed of Trust in California- As Rates Go Up, Will they Become Popular Again? Part 1.
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Receivership And California Commercial Real Property – Why Appoint A Receiver, and When Can You Do So?
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Assignment of Rents and Profits of California Commercial Properties – How Lenders Can Prevent Defaulting Borrowers from Keeping The Cash
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California Commercial Leases, Security Deposits, and Civil Code Section 1950.7; Can the Landlord Offset Future Rent Damages?
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When Is A California Landowner Liable for Neighbor’s Fire Damage? Negligence And Interference With Other’s Use Of Their Real Property, And Knowing If You Are On The Deed
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California Real Estate Option & Power of Attorney – How To Terminate A Power Coupled With An Interest Without Trying
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California Mortgage Lender Acts Like a Mortgage Broker, Creating Fiduciary Duties and Owing Damages to the Borrower. Does It Pay to Say You Will “Shop the Loan”?
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California and the Foreign Series Limited Liability Company (LLC); How Useful Are They to Hold California Business and Real Estate Assets?
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Keep Your Home California Program On-Track, While Federal Real Estate Foreclosure Programs Flounder for Unemployed
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California Civil Procedure section 580e, SB 931 & SB 458: Does the New Mortgage Anti-Deficiency Legislation Work? SB 458 May Be A Disaster.
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California Homebuilders and Construction Defects- The Procedure For Getting Repairs Before Filing A Lawsuit, and Mistakes A Builder Can Make In Changing Them
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California Three Day Notice Of Breach of Lease Served By A Registered Process Server- Is the Proof Of Service Enough, Or Does The Server Have To Appear In Court To Testify in The Unlawful Detainer?
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Is That California Commercial Lease With Mutual Termination Provision Illusory, Or A Real Contract?
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In California, What Is A Spite Fence, and What Is Needed To Get An Injunction & Damages?
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California Adverse Possession and Prescriptive Easements – When You Can’t Get Exclusive Use
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When A California Arbitration Award Can Be Vacated- If the Arbitrator Does Not Allow a Party to A Commercial Lease Dispute Pick its Own Representative
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Assignment of California Deed of Trust Must Be Recorded Before Foreclosure- MERS Process Does Not Trump California Real Estate Law
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California Construction Contractors May Need Sales Permits & Pay Sales Tax
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California Eviction Judgment Cures a Wrongful Foreclosure
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Stated Income Loans Created Risks for California Borrowers – One Man Went to Jail, While the CEO of Countrywide Walks
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California Loan Modification Negotiation re-opened by Lender’s Oral Misrepresentations
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California Real Estate Contract Dispute Damages Can Include Lost Profits as Consequential Damages
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HUD Policy Change on Reverse Mortgages Make It Easier To Foreclose On California Seniors Who Are Not Liable For The Loan
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MERS Can Foreclose as Nominee in California, Appellate Court Rules
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Government Pushing For Mortgage Principal Reduction in Servicer Settlement; Good Move or Drop in The Bucket?
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Greedy California Lessor Waives Anti-waiver Provision, Gets Surprise
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A California Home Equity Sales Contract Buyer Was An LLC, But the LLC Owner Could Not Claim To Intend To Reside There To Get the HESCA Exemption.
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Does a California Title Company’s Preliminary Report Govern, Or Is It Only The Final Policy That Matters?
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Oral Settlement in Court- The Party Must Be In Court, Their Attorney’s Statement Is Not Enough.
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Fannie Mae & Freddie Mac – Sending Our Cash to Wall Street. Is the End Near?
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Mortgage Lender Gets Borrower to Drop Bankruptcy With Promise To Negotiate, Then Forecloses. Was The Lender In The Wrong, & What Is Promissory Estoppel?
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Developer Cannot Enforce Arbitration Provision in California CC&Rs
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Is the Title Company Liable? You Get What You Pay For with Abstracts and Preliminary Reports.
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California Averaging 1 Year Before Foreclosure
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Association Liable to Owner for Damage From Sewer Pipes Which Are Not Exclusive Use Common Area
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The Solar Shade Control Act- California’s Protection For Homeowners Installing Solar Collectors
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Insurer of Securities Sues Morgan Stanley over Fraud in Securitization of Loans- The Allegations Are What We All Know Happened
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Countrywide Did Not Provide the Original Notes When It Securitized Mortgage Loans- Fraud on Investors, & Illegal Foreclosures?
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Rural Landowners Now Liable to Recreational Users
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Lender’s Failure to Explore Options to Prevent Foreclosure Allows Court to Postpone Foreclosure. California Civil Code section 2923.5.
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A California Commercial Landlord Sends A Notice to Pay Or Quit To A Different Address Than The Lease Provides, The Tenant’s Agent Receives It. The Tenant Wins Because The Notice Went To the Wrong Address; Email Didn’t Count.
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Taking a Security Interest In An Entity That Owns Real Estate- Does Mezzanine Financing Fall Under The California Real Estate Law Requiring A Licensed Broker?
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California Brokers Have Duty to Disclose that a Property Is Over-Encumbered And Cannot Sell for Listing Price
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Deed to Trust Was Effective Even Though Trust Had Not Been Created Yet.
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California Court Rules That Once Default Judgment has Existed for Over Two Years, It Cannot Be set aside Unless the Proof of Service Is Void On It’s Face
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Another Erroneous California Arbitration Award is Binding, thanks to the CAR Form
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What Is the Difference Between a Grant Deed and a Quitclaim Deed? The assumption is often made that a “Grant” deed is better than a Quitclaim. Here is the Reason Why.
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Offering Homeowners a Loan is Not A Representation that the Homeowners can Afford the Loan- a California court reminds Borrowers that Lenders Usually Do Not Owe Borrowers a Duty of Care.
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An Attorney Cannot Agree to a California Arbitration on Behalf of the Client, But the Client Can Game the System If He Does (and the client loses the Arbitration)
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A Real Estate Sales Contract becomes an Option Enforceable Due To Performance
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Avoiding Usury- if a Lender Takes A Small Interest in the Real Estate Project, He Is A Joint Venturer / Partner and Can Avoid the Usury Laws Against High Interest Loans
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Loan Guarantor’s Own Real Estate Attached On Default- Guaranties Are Risky
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California Escrow Co. in trouble -When escrow has closed and the seller then changes instructions for distribution of the money, escrow cannot always carry them out.
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The foreclosing lender’s promise was not a binding contract, but was binding anyway- the doctrine of Promissory Estoppel.
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What to do when you are sued and its partly someone else’s fault- how to get liability apportioned in California lawsuits.
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Foreclosure of California Commercial & Investment Properties- Five Steps To Determine if Your Loan is Non-Recourse
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Sue 1st, Negotiate later; When a California Landlord Risks Being Sued After Settling a Dispute With Their Tenant
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Court says No to Benefit of the Bargain Damages for Mutual Mistake
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Refi by March – Revisited
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Part 2 – What About Liquidated Damages Clauses In California Real Estate Contracts?
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When a “Nonrefundable” Deposit Really Is Refundable- Why this Buyer who Bailed got his Deposit Back; Part 1.
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The Broker’s Agreement Required Payment of the Commission Through Escrow, But Escrow Never Closed. Why Did The Buyer Have To Pay A $1.7 Million Commission?
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Thinking of Refinancing or Getting a New Loan to Buy Real Estate? Do It By the End of March, Or Roll the Dice Against House Odds.
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When is Trespass an Accident for Insurance Purposes? Encroachment in California and the Insurer’s Duty to Defend the Lawsuit.
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What are the Tax Consequences of Residential Foreclosures and Short Sales?
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Arbitrator’s decision Reversed By Court- a Miracle, or Business as Usual?
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What happens to California Real Property Tax When the Lender Forecloses, and Does The Homeowner Still Have to Pay the Tax?
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Is your Settlement Agreement Enforceable by the Court? California CCP 664.6 and Pending Litigation.
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California Residential Foreclosures- Is your loan non-recourse, or will you remain personally liable for the debt?
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New Home Construction Defects- California procedure for making claims, & What to Do Before You Sue
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When a Trust Enters a Partnership Agreement to Hold Real Estate- Is it the Trust or the Trustee That is the Partner?
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Trustee at Foreclosure Sale Reads the Wrong Street Address, Buyer thinks he gets a Windfall, but the Court Allows the Trustee to re-Auction the Property— When a Trustee Can Get off The Hook for his Error.
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Intentional Fraud is Not Enough- A Real Estate Conveyance Is Not Undone as a Fraudulent Transfer Because the Total of the Liens plus the Homestead Exemption Wiped Out The Equity in the Property.
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How Bad Can a California Real Estate Broker Be? License Suspension for Building Code Violations, after amendment of B&P 10177 to eliminate the need for showing Moral Turpitude.
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The Commercial Landlord / Lessor’s Guide to The Bankrupt Tenant
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SB 94 and loan modification – California State Bar Weighs In
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Arbitration Becomes More Dangerous- an obvious error is not enough for Court intervention
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Updated:
New Hope for Short Sales? B of A automates, other banks may follow.
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Updated:
Federal Guidelines Issued for Commercial Loan Modifications
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Commercial Real Estate Loans- more loan modifications, or the next shoe to drop?
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The Sword, the Shield, the Missionary, and the Unlicensed Contractor; a Pyrrhic Victory for the Homeowner.
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Updated:
California Senate Bill 94 and Loan Modification- Too Little, Too Late, Too Bad
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California Senate Bill 306 & Short Sales- Revisited
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California Senate Bill 306 & Short Sales- Easy As It Looks?
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Can A Real Property Seller Conceal A Recorded Document? When The California Recording Law Is Not Enough, And The Seller Must Disclose The Obvious.
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Arbitration Provisions in Real Estate Contracts- read ’em or weep
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ALTERED DEEDS; when are they valid?
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Updated:
False financial statements are forever.
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Commercial Leases and square footage approximations-Is the Lessor safe?
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When a good neighbor is better than a stack of law books- how prescriptive easements apply in the neighborhood.
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Unenforceable Arbitration Agreements in Homebuilder Contracts
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When is Saturday a holiday?
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Contract or Option?
California Real Estate Lawyers Blog