Resources Category: Articles

Commercial Evictions- Not Necessarily Business as Usual

by Ashlee D. Adkins, Esq.

  As seen in our most recent Fundamentals of Evictions webinar, California law affords heavy protections to residential tenants in unlawful detainer actions.  Not all of Read More > ...

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Landlords & Service Animals

Do you know the difference between a “Service Animal” and an “Emotional Support Animal”? Many landlords have a “no pets” policy. However, under the Fair Housing Read More > ...

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commercial lease types in california

Commercial Lease Types

by Simon Offord, Esq.

One of the first issues that comes up in negotiating a commercial lease is the rental structure, and how the landlord and tenant’s responsibilities for items Read More > ...

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Co-Ownership of Real Property – The Partition Action

PARTITION BY SALE – THE FIRST BATTLE In a partition action, there are two parties generally. One party who wishes to sell the the co-owned property, Read More > ...

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California Supreme Court Confirms Expansive Application of Fiduciary Duties for Dual Agents

by Simon Offord, Esq.

  In a highly anticipated ruling, the California Supreme has upheld an appellate decision ruling that a listing agent owed a fiduciary duty to a buyer Read More > ...

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PRDS vs. CAR Purchase Contract Comparison Tool

by Simon Offord, Esq.

TOP INTRO DISCLOSURES CONTINGENCIES DEPOSITS website software for mac 2016 PRDS VS. CAR PURCHASE AGREEMENTS The two documents used most frequently for purchasing and selling real Read More > ...

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Commercial Listing Agreements

by Simon Offord, Esq.

Listing or selling commercial property involves a series of contracts and negotiations, beyond the lease or purchase contract itself.  These negotiations start before you even list Read More > ...

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2015 Annual Review

by Peter N. Brewer, Esq.

In 2015, we at the Law Offices of Peter N. Brewer celebrated our 20th anniversary of being in business. Since starting out as a solo practice Read More > ...

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Repair & Deduct Remedy

by Ashlee D. Adkins, Esq.

Being a tenant in California comes with its fair share of challenges, especially when the rental property falls into disrepair. Under the implied warranty of habitability, Read More > ...

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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 > ...

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Invest in the Relationship to Win Work: Review of Silicon Valley In-House Counsel Summit

by Clayton Dodds
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Creditor Victory in Collection Against California Guarantor

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BANKRUPTCY: Fighting a Cramdown

by Henry Chuang, Esq.
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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 the property. After more research, you learn Read More > ...

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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 > ...

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In State Court with a Federal Savings Association? Sometimes you can say “adios” to HOLA

by Simon Offord, Esq.

Federally chartered savings associations, such as Wachovia, are regulated by HOLA (Home Owners Loan Act). HOLA authorizes the Office of Thrift Supervision (OTS) to issue regulations Read More > ...

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Bankruptcy Courts Enforce “Produce the Note” Defenses by Borrowers

by Henry Chuang, Esq.

On May 20, 2010, the Bankruptcy Court for the Eastern District of California followed several other courts in striking claims by lenders who are unable to Read More > ...

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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 > ...

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Can A Lis Penden Be Recorded On A Dominant Tenement In An Easement Dispute?

by Simon Offord, Esq.

In the recently-decided case of Park 100 Investment Group II v. Ryan, two attorneys were sued for wrongfully recording a lis pendens in a prior action. Read More > ...

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Lost Your Promissory Note?

As foreclosure rates rise and the legislative bodies nationwide rush to address this, plaintiffs lawyers are also cashing in with “Foreclosure Defense” lawsuits. Borrowers pay a Read More > ...

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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 > ...

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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 > ...

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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 filing imposes an automatic stay, or legal Read More > ...

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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 Default and the actual foreclosure sale, often Read More > ...

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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 duty is not only rooted in the Read More > ...

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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, prior to acquisition. In some cases, investors Read More > ...

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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 > ...

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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 > ...

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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 better. These days, both conventional and private Read More > ...

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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 Office of the county where the property Read More > ...

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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 Stay Assets and The Bankruptcy Estate Property Read More > ...

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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, as some liens have “skipping” power. In Read More > ...

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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 > ...

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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 a Truth In Lending Act violation survives Read More > ...

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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 > ...

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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, the California Court of Appeal, Fourth Appellate Read More > ...

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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 > ...

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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 > ...

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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 > ...

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“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 > ...

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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 > ...

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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 > ...

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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 > ...

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Landlord-Tenant Law: Legislation Affecting Real Estate as of 2003

Legislation Affecting California Real Estate as of 2003 Many of us have been renters at some point in our lives. As tenants, we worried about the Read More > ...

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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 > ...

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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 > ...

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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 > ...

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