Partition Actions & Co-Ownership Disputes in California
Co-ownership is a common way that siblings, families, and investors hold title to property in the Bay Area. However, Read More >
Archives: Resources
April 2016 Real Estate Law Newsletter
The Law Is Not Always Clear Cut Spring means that the flowers are in bloom and the grass is Read More >
Easements & Boundary Law in California
In California, the real estate boom has led to the construction of many new housing and commercial developments. To Read More >
March 2016 Real Estate Law Newsletter
AVOID FOOLISH MISTAKES Ok..ok…you caught us. It’s not actually March anymore. Hopefully this is the tamest of the April Read More >
PRDS vs. CAR Purchase Contract Comparison Tool
TOP INTRO DISCLOSURES CONTINGENCIES DEPOSITS website software for mac 2016 PRDS VS. CAR PURCHASE AGREEMENTS The two documents Read More >
California Small Business Guide to Getting Paid
Owners of small businesses are no strangers to the dilemma of outstanding accounts receivable. For a whole host of Read More >
February 2016 Real Estate Law Newsletter
LOOK BEFORE YOU LEAP Happy Leap Day! 2016 is a leap year, where we add an extra day to Read More >
January 2016 Real Estate Newsletter
Up to the Challenge 2015 is over, but the newness of 2016 fuels the creation of resolutions, goals, projections, Read More >
2016 New Real Estate and Lending Laws in California
In 2015, the California legislature sought to address a number of pressing issues facing California, the biggest of which Read More >
Commercial Listing Agreements
Listing or selling commercial property involves a series of contracts and negotiations, beyond the lease or purchase contract itself. Read More >
2015 Annual Review
In 2015, we at Brewer Offord & Pedersen LLP celebrated our 20th anniversary of being in business. Since starting Read More >
Real Estate Law in the Sharing Economy
In the summer of 2015, over 17 million people stayed with an Airbnb host, where only 47,000 people were Read More >
Legal Guide to Home Remodels
May is National Home Remodeling Month, but before you or your clients ramp up home improvement projects for the Read More >
Repair & Deduct Remedy
Being a tenant in California comes with its fair share of challenges, especially when the rental property falls into Read More >
Build-Out Provisions in Commercial Leases
When commercial landlords are in negotiations with prospective tenants, one of the most important items that needs to be Read More >
Liquidated Damages Clauses in Real Estate Purchase & Sale Transactions
Liquidated Damages Clauses Palo Alto, California and the San Francisco Bay Area are home to some of the most Read More >
Commercial Property Law in California
Brewer Offord & Pedersen LLP has a robust commercial property law practice. Our attorneys handle real estate matters for Read More >
Team Names for California Realtors®
Under a new California law passed in 2014 (AB 2018), licensed real estate salepersons can now represent themselves to Read More >
Taking Back A Property With a Nuisance – Now What?
You recently foreclosed, and now you have taken possession of the property. Then you notice a foul odor from Read More >
Help With a Loan Modification – Go to Jail
Why Lawyers Are Legally Prohibited From Helping You With Your Loan Mod For several years immediately following the crash Read More >
In State Court with a Federal Savings Association? Sometimes you can say “adios” to HOLA
Federally chartered savings associations, such as Wachovia, are regulated by HOLA (Home Owners Loan Act). HOLA authorizes the Office Read More >
Bankruptcy Courts Enforce “Produce the Note” Defenses by Borrowers
On May 20, 2010, the Bankruptcy Court for the Eastern District of California followed several other courts in striking Read More >
Short Sales: Buyer’s Bonanza or Boondoggle?
Short sales are commanding a lot of attention these days, but from the Buyer’s perspective are they a bargain, Read More >
Can A Lis Penden Be Recorded On A Dominant Tenement In An Easement Dispute?
In the recently-decided case of Park 100 Investment Group II v. Ryan, two attorneys were sued for wrongfully recording Read More >
Lost Your Promissory Note?
As foreclosure rates rise and the legislative bodies nationwide rush to address this, plaintiffs lawyers are also cashing in Read More >
Lien Priorities and Subordination Agreements
Subordination Agreement that Omits Intervening Deed of Trust Is Subject to Partial Subordination A fresh new case gives us Read More >
If I Lose My Home In Foreclosure Am I Still Liable For The Debt?
Regrettably, many homeowners these days are finding that their homes are under water, meaning they are worth less than Read More >
How Much Wood Would A Woodchuck Chuck If A Woodchuck Repeatedly Filed For Bankruptcy Protection: The Automatic Stay In Repeat Bankruptcy Filings (Part One)
With the threat of foreclosures on the rise, filing for bankruptcy is becoming more attractive to many homeowners since Read More >
The Distressed Property Owners Have Filed for Bankruptcy – What Does That Mean To the Pre-Foreclosure Investor?
In California the requirements to conduct a trustee’s sale are very strict. Between the recording of the Notice of Read More >
Past Litigation is a Material Fact that Sellers are Obligated to Disclose
In California, sellers have a legal obligation to disclose any material facts affecting the desirability of the property. This Read More >
The Property Has a Judgment Lien – What Does That Mean To the Pre-Foreclosure Investor?
A cautious investor will always check the public records to see what liens the investment property has against it, Read More >
Commission Splits, Kickbacks, and Referral Fees
Nancy Neighbor refers a plum listing to Andy Agent. Andy is considering sending a “gratuity” to Nancy. Andy knows Read More >
Is A Personal Guarantee Enforceable for a Deficiency After A Trustee’s Sale?
When a lender forecloses on a defaulted debt and the foreclosed security does not net enough money at the Read More >
Seller Carryback Financing and Anti-deficiency Laws
For many investors, the sooner they can sell a property to recognize their profit and re-invest their capital, the Read More >
Lis Pendens – What Is It and How Does It Affect Title?
In California, court documents are filed with the courts, and documents affecting real property are recorded with the Recorder’s Read More >
Commercial Leasing Issues – When a Tenant Files Bankruptcy
Bankruptcy Commencement The Petition Most common filings The Automatic Stay on Creditor Action The Scope and Duration of the Read More >
Who’s On First? – Lien Priority in California
The law in California regarding lien priority is generally, “first in time, first in right.” There are exceptions however, Read More >
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 two significant appellate decisions. In the more recent of the two cases, Read More >
Even After Refinancing a Loan, A Borrower Can Rescind That Loan for TILA Violations
On April 27, 2006, the California Court of Appeal ruled that a borrower’s right to rescind the transaction for Read More >
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
In an April 2005 appeal to the U.S. Bankruptcy Appellate Panel, the Appellate Court retroactively annulled the debtor’s automatic Read More >
Yield Spread Premiums – Will They Be Considered A Part Of The Total Points and Fees Payable At Closing?
Will They Be Considered A Part Of The Total Points and Fees Payable At Closing? On December 2, 2004, Read More >
Lender Whacked For $33M In Punitives
GMAC Commercial Mortgage Corporation, finding that GMAC breached its Security Agreement with its borrower, 1601 McCarthy Boulevard, LLC. The Read More >
Mortgage Elimination Scams Sweeping The Nation
If a seller successfully defends a lawsuit without first seeking mediation, is the seller eligible to recover attorney fees? Read More >
The Broker Arranged Loan Exemption From Usury Comes Under Attack
A Broker Who Prepared The Loan Documents, Ordered Title Insurance and Dispersed the Funds, Did Not “Arrange” the Loan Read More >
“Operation Of Law” Postponements Under C.C. § 2924g
Or When Is A Non-Judicial Foreclosure Sale Stayed By An Appeal Recently the California Court of Appeal (Second Dist.- Read More >
The Newest Insurance Crisis – Will You Be The Next Victim
The Newest Insurance Crisis – Will You Be The Next Victim? The Problem: Will your next home purchase or Read More >
Fence and Boundary Line Disputes – The Legal Sausage
The Legal Sausage You just discovered that the fence between your house and your neighbor’s, which has been there Read More >
