After the Foreclosure, Lender Recovers Against Borrower on Court’s Expanded...
On June 27, 2012, the Third District Appellate created a new way for lenders to recover on loans after a nonjudicial foreclosure. In Fait v. New Faze Development, the court found that while the...
View ArticleThe California Foreclosure Reduction Act (aka Homeowner’s Bill of Rights)...
What? The California Foreclosure Reduction Act (aka Homeowner’s Bill of Rights) amends California’s non-judicial foreclosure process. When? Goes into effect Jan. 1,...
View ArticleArbitration is no Longer a Safe Haven for Unlicensed Contractors
California Business & Professions Code § 7031 (a) provides, in part, that “no person engaged in the business or acting in the capacity of a contractor, may bring or maintain any action, or recover...
View ArticleMcCoy v. Kuiken (In re Kuiken): Don’t Try to “Get Cute” with your Transfers
On January 4, 2013, the Ninth Circuit Bankruptcy Appellate Panel (the “B.A.P.”) held that a debtor cannot avoid a lien based on the California homestead exemption when the debtor has not maintained a...
View ArticleNew Easement Law Effective January 1, 2013
Many property owners share a common driveway to access their property. In those circumstances, usually one neighbor owns the actual land the driveway is on and the other neighbor has an easement for...
View ArticleFollowing California’s Right to Repair Act to the “T”
With the increase in new homes sprouting up in the greater Bay Area it is important to understand California’s Right to Repair Act. The California Court of Appeal recently issued a case of first...
View ArticleNew Law: Landlords in Foreclosure Must Disclose Default to Prospective Tenants
Normally a tenant would not learn that his or her unit was in foreclosure until very late in the foreclosure process, when the notice of trustee’s sale is posted on the front door. However, on...
View ArticleCourt Eases Service Requirements in Unlawful Detainer Actions
In a recent Sixth Appellate District ruling, the Court made it easier for a landlord to serve a tenant with an unlawful detainer complaint. In Stanford v. Ham, the court found that service of a...
View ArticleAdverse Possession Awarded Without Paying Taxes
In past blog articles, we have discussed the doctrine of adverse possession, and some of the difficulties in prevailing on an adverse possession theory. In order to prevail on an adverse possession...
View ArticleCross-Complaints May Prohibit You From Collecting Attorney Fees
Recently, there have been a series of decisions in California that have limited the recovery of attorney fees. In my previous blog article titled, “Can you Really Get those Attorney Fees? ” I...
View ArticleThe Evolving Tender Offer Rule: A Review of the Recent Case Law
When homeowners or borrowers seek to challenge foreclosures against them, California courts have long recognized the “full tender rule”, an equitable principle that requires the challenger to tender...
View ArticleTechnical Omissions Will Not Be Used to Set Aside Non-Judicial Foreclosure...
As a matter of first impression, the California Court of Appeal recently issued a decision in Shuster v. Bac Home Loans Servicing, LP, holding that the omission of a trustee from a deed-of-trust does...
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Purchasing Property Beware Blog Series
We know that buying a home can be a very stressful process that consists of plenty of unclear aspects. In an effort to educate our network, we hope that you find this series of blogs helpful in your...
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Attorney Fee Provisions Series
The attorneys at Brewer Offord & Pedersen LLP put together an Attorney Fee Provisions Series. We hope that these blogs can provide our colleagues with valuable information regarding the potential...
View ArticleNew ADA Requirements for Commercial Properties
As of July 1, 2013, a new lease disclosure requirement added one more responsibility for owners and lessors of commercial property. Civil Code Section 1938, part of the legislation designed to limit...
View ArticleWhat Can The Government Make You Pay to Obtain a Permit to Develop Your Own...
Cities and counties often require payments of one form or another as a condition to granting a permit to develop property. Thus, it has not been uncommon for property developers to make significant...
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Nuisance Law Series
If you find yourself dealing with a neighborhood nuisance issue, it is very important to familiarize yourself with remedies that can help mitigate these matters. Check out our Nuisance Law Series! We...
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Real Estate Case Update Blog Series
The attorneys at Brewer Offord & Pedersen LLP encourage you to stay ahead of the curve by reading our “Real Estate Case Update” blog series. We hope that the information you find here will be...
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Wrongful Foreclosure Blog Series
The attorneys at Brewer Offord & Pedersen LLP put together a “Wrongful Foreclosure Blog Series.” We hope that this blog will serve you as guidance and contribute to increasing your awareness of...
View ArticleNew Lending Laws: Seller Carry Backs and the Truth-in-Lending-Act. What...
As the California Bureau of Real Estate notes, “’Carry backs’ by sellers are evidenced by promissory notes secured by deeds of trust or mortgages recorded in a junior position that may either be held...
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