Winter 2017 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

Another year has come and gone far too quickly. Over the past 12 months, our firm, our region, our state, and our country has seen a Read More > ...

Read More

October 2017 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

Farming and agriculture have played a significant role in the advancement of civilizations throughout history. Many cultures and religions around the world have festivals to celebrate Read More > ...

Read More

August/September 2017 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

Every ending is a beginning. The end of summer begins a new school year, with new challenges and opportunities. When escrow closes, one family’s adventure comes Read More > ...

Read More

July 2017 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

Heading in the Right Direction It is very easy to be pulled in several different directions during the busy real estate season. When making important decisions, Read More > ...

Read More

May 2017 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

Slowly, but surely, the temperature is beginning to rise. The days are getting a little bit longer, and the sun is getting a little bit brighter. Read More > ...

Read More
Real Estate Law April Newsletter

April 2017 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

  All In at All Levels The real estate market in the San Francisco Bay Area is experiencing a pricing squeeze — limited supply of inventory Read More > ...

Read More

February 2017 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

Real Estate Law From All Sides The State Bar of California certifies attorneys as “specialists” in many different legal practice areas. Lawyers can be certified as Read More > ...

Read More

December 2016 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

Joyful and Triumphant The end of another year is upon us, and 2016 will surely be remembered for many years to come. May we all take Read More > ...

Read More

November 2016 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

  Get Moving On Your Next Success Many new things are just on the horizon — a new year, a slate of new laws, and even Read More > ...

Read More

Autumn 2016 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

  A Season of Fellowship Throughout history, autumn has been associated with transition. Many beginnings and endings occur during the autumn season. As the weather begins Read More > ...

Read More

September 2016 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

  Strive to Stay Ahead of the Curve The San Francisco Bay Area is the global epicenter of innovation. The entrepreneurial ecosystem allows for novel ideas Read More > ...

Read More

August 2016 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

  The Nature of Success The world is composed of naturally-occurring elements that make up the essence of life — from the water we drink to Read More > ...

Read More

July 2016 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

  Extend Your Reach to New Horizons The San Francisco Bay Area is home to some of the most innovative people and companies in the world. Read More > ...

Read More

June 2016 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

Timing & Preparation Creates Opportunities During the summer months, the Bay Area real estate market is brimming with opportunity. Agents are working fervently to take advantage Read More > ...

Read More

April 2016 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

The Law Is Not Always Clear Cut Spring means that the flowers are in bloom and the grass is green once again. The Bay Area has Read More > ...

Read More

March 2016 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

AVOID FOOLISH MISTAKES Ok..ok…you caught us. It’s not actually March anymore. Hopefully this is the tamest of the April Fool’s Day shenanigans through which you must Read More > ...

Read More

February 2016 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

LOOK BEFORE YOU LEAP Happy Leap Day! 2016 is a leap year, where we add an extra day to the calendar every four years to compensate Read More > ...

Read More

January 2016 Real Estate Newsletter

by Peter N. Brewer, Esq.

Up to the Challenge 2015 is over, but the newness of 2016 fuels the creation of resolutions, goals, projections, and plans. Blank calendars to be filled. Read More > ...

Read More
Default Resources Thumbnail

2015 Annual Review

by Peter N. Brewer, Esq.

In 2015, we at Brewer Offord & Pedersen LLP celebrated our 20th anniversary of being in business. Since starting out as a solo practice in 1995, Read More > ...

Read More
Default Resources Thumbnail

Liquidated Damages Clauses in Real Estate Purchase & Sale Transactions

by Peter N. Brewer, Esq.

Liquidated Damages Clauses Palo Alto, California and the San Francisco Bay Area are home to some of the most expensive residential property in California. Most real Read More > ...

Read More

Team Names for California Realtors®

by Peter N. Brewer, Esq.

Under a new California law passed in 2014 (AB 2018), licensed real estate salepersons can now represent themselves to the public as a “team” without having Read More > ...

Read More
Default Resources Thumbnail

Help With a Loan Modification – Go to Jail

by Peter N. Brewer, Esq.

Why Lawyers Are Legally Prohibited From Helping You With Your Loan Mod For several years immediately following the crash of the real estate and financial markets Read More > ...

Read More
Default Resources Thumbnail

Short Sales: Buyer’s Bonanza or Boondoggle?

by Peter N. Brewer, Esq.

Short sales are commanding a lot of attention these days, but from the Buyer’s perspective are they a bargain, or a bust?  This article discusses a Read More > ...

Read More
Default Resources Thumbnail

Lien Priorities and Subordination Agreements

by Peter N. Brewer, Esq.

Subordination Agreement that Omits Intervening Deed of Trust Is Subject to Partial Subordination A fresh new case gives us the opportunity to study lien priorities and Read More > ...

Read More
Default Resources Thumbnail

If I Lose My Home In Foreclosure Am I Still Liable For The Debt?

by Peter N. Brewer, Esq.

Regrettably, many homeowners these days are finding that their homes are under water, meaning they are worth less than the amount owed on them. Naturally, they Read More > ...

Read More
Default Resources Thumbnail

Commission Splits, Kickbacks, and Referral Fees

by Peter N. Brewer, Esq.

Nancy Neighbor refers a plum listing to Andy Agent. Andy is considering sending a “gratuity” to Nancy. Andy knows Nancy fancies champagne, and Andy has found Read More > ...

Read More
Default Resources Thumbnail

Is A Personal Guarantee Enforceable for a Deficiency After A Trustee’s Sale?

by Peter N. Brewer, Esq.

When a lender forecloses on a defaulted debt and the foreclosed security does not net enough money at the foreclosure sale to fully repay the debt, Read More > ...

Read More
Default Resources Thumbnail

If a seller successfully defends a lawsuit without first seeking mediation, is the seller eligible to recover attorney fees?

by Peter N. Brewer, Esq.

This question has now been considered in two significant appellate decisions. In the more recent of the two cases, the defendant sellers filed a cross-complaint. Did Read More > ...

Read More
Default Resources Thumbnail

Relief from Stay Can Be Made Retroactive, Thus Validating Acts Done In Violation of the Stay – But May Still Subject You to Liability to the Debtor for Damages Arising Out of the Violation

by Peter N. Brewer, Esq.

In an April 2005 appeal to the U.S. Bankruptcy Appellate Panel, the Appellate Court retroactively annulled the debtor’s automatic stay, thus validating a foreclosure that had Read More > ...

Read More
Default Resources Thumbnail

Lender Whacked For $33M In Punitives

by Peter N. Brewer, Esq.

GMAC Commercial Mortgage Corporation, finding that GMAC breached its Security Agreement with its borrower, 1601 McCarthy Boulevard, LLC. The jury found GMAC guilty of breach of Read More > ...

Read More
Default Resources Thumbnail

Mortgage Elimination Scams Sweeping The Nation

by Peter N. Brewer, Esq.

If a seller successfully defends a lawsuit without first seeking mediation, is the seller eligible to recover attorney fees? This question has now been considered in Read More > ...

Read More
Default Resources Thumbnail

The Broker Arranged Loan Exemption From Usury Comes Under Attack

by Peter N. Brewer, Esq.

A Broker Who Prepared The Loan Documents, Ordered Title Insurance and Dispersed the Funds, Did Not “Arrange” the Loan for Purposes of Exemption from Usury A Read More > ...

Read More
Default Resources Thumbnail

“Operation Of Law” Postponements Under C.C. § 2924g

by Peter N. Brewer, Esq.

Or When Is A Non-Judicial Foreclosure Sale Stayed By An Appeal Recently the California Court of Appeal (Second Dist.- Los Angeles) made a determination of whether Read More > ...

Read More
Default Resources Thumbnail

The Newest Insurance Crisis – Will You Be The Next Victim

by Peter N. Brewer, Esq.

The Newest Insurance Crisis – Will You Be The Next Victim? The Problem: Will your next home purchase or sale fall through because of little fellas Read More > ...

Read More
Default Resources Thumbnail

Fence and Boundary Line Disputes – The Legal Sausage

by Peter N. Brewer, Esq.

The Legal Sausage You just discovered that the fence between your house and your neighbor’s, which has been there for years, is displaced from the true Read More > ...

Read More
Default Resources Thumbnail

Competing Ownership Interests – Distressed Properties

by Peter N. Brewer, Esq.

What Happens When You Buy A House That Is About To Be Foreclosed Upon? Recently the California Appellate Courts contemplated a situation where it appeared that Read More > ...

Read More
Default Resources Thumbnail

Home Buyers Are Now Required To Be Tax Police under Revenue & Taxation Code Section 18662

by Peter N. Brewer, Esq.

California Franchise Tax Board Puts Burden on Buyer to Withhold Seller’s Tax Liability The Change to the California Tax Law Affecting Real Estate: A change in Read More > ...

Read More
Default Resources Thumbnail

Defective foreclosure sales in California – What Are Your Rights?

by Peter N. Brewer, Esq.

What Are Your Rights? Your property was in foreclosure but you had a plan to rescue it. You contacted the lender and reached an agreement to Read More > ...

Read More
Default Resources Thumbnail

If your household worker or contractor is injured, will you be liable?

by Peter N. Brewer, Esq.

Do The OSHA (Occupational Safety & Health Administration) Rules Apply to You? Does Your Homeowner’s Insurance Protect You? THE PROBLEM: If your housecleaner, gardener, or handyman Read More > ...

Read More