Commercial Evictions- Not Necessarily Business as Usual
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 > ...
Read MoreAs 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 > ...
Read MoreDo 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 > ...
Read MoreOne 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 > ...
Read MorePARTITION 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 > ...
Read MoreIn 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 > ...
Read MoreTOP INTRO DISCLOSURES CONTINGENCIES DEPOSITS website software for mac 2016 PRDS VS. CAR PURCHASE AGREEMENTS The two documents used most frequently for purchasing and selling Read More > ...
Read MoreListing 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 > ...
Read MoreIn 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 MoreBeing 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 > ...
Read MoreLiquidated 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 MoreYou 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 > ...
Read MoreWhy 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 MoreFederally 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 > ...
Read MoreOn 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 > ...
Read MoreShort 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 MoreIn 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 > ...
Read MoreAs 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 > ...
Read MoreSubordination 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 MoreRegrettably, 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 MoreWith 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 > ...
Read MoreIn 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 > ...
Read MoreIn 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 > ...
Read MoreA 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 > ...
Read MoreNancy 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 MoreWhen 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 MoreFor 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 > ...
Read MoreIn 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 > ...
Read MoreBankruptcy 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 > ...
Read MoreThe 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 > ...
Read MoreThis 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 MoreOn 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 > ...
Read MoreIn 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 MoreWill 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 > ...
Read MoreGMAC 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 MoreIf 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 MoreA 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 MoreOr 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 MoreThe 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 MoreThe 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 MoreWhat 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 MoreLegislation 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 > ...
Read MoreCalifornia 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 MoreWhat 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 MoreDo 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