How to Determine Your Primary Residence – Part 2, the Homestead Exemption

by Henry Chuang August 31, 2016 Bankruptcy
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In 2011, Andy Diaz (“Diaz”) lived in a property in Fullerton, CA (“Property”) with his then wife.  In 2011, Diaz suffered severe health problems.  Later in 2011, Diaz and wife divorced.  Due to his health problems, after several months of living in hospitals and therapy facilities, Diaz moved into his mother’s home as he could […]

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Rent-to-Buy Real Estate: Can a Seller File Unlawful Detainer After a Default?

by Ashlee Adkins August 17, 2016 Eviction
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The recent case of Taylor v. Nu Digital Marketing, Inc. discusses the issue of when it is appropriate for a seller to regain possession of a property from a buyer by filing an unlawful detainer action. In Taylor, the Plaintiffs (sellers) and Defendant (buyer) entered into an agreement entitled “Contract of Sale Residential Property” in […]

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My Home is a Pokémon Go Hotspot — Do I Have to Disclose?

by Simon Offord July 28, 2016 Disclosure
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Pokémon Go is the latest craze that is literally everywhere we look. It is all over the news, and all over the streets with players of all ages trying to “catch ’em all.”  We have all heard about the stories of people falling, getting into car accidents, and even quitting their jobs to play full […]

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Be a “HERO”: Remember to Disclose This Silent Lien

by Julia Wei July 25, 2016 Lending/Lender Issues
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Since 2001, California has had PACE programs available throughout the state.  One of the most well known is the “HERO” program, the Home Energy Retrofit Opportunity program which was first established in the Riverside County area. In late 2013, San Jose’s city council voted to participate in the HERO program, joining Berkeley, San Francisco, Menlo […]

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Court Finds that a Borrower May Sue for Wrongful Foreclosure Regardless of Ability to Repay Loan

by Henry Chuang July 20, 2016 Foreclosure
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In June 2005, Monica Sciarratta (“Borrower”) obtained a loan in the amount of $620,000 from Washington Mutual Bank.  In April 2009, Chase Bank (“Chase”), the servicer of the loan, recorded an assignment of the loan and transferred it to Deutsche Bank National Trust Company (“Deutsche”).  In that same month, Borrower began defaulting on the loan.  […]

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Court Holds That Landlord is Not Allowed to Evict a Tenant for an Immaterial Breach of the Lease

by Henry Chuang May 31, 2016 Landlord/Tenant Disputes
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Juan Juarez (“Tenant”) lived in a rent-controlled apartment complex owned by Boston LLC (“Landlord”) for more than 15 years.  Although his lease required him to obtain renter’s insurance, Tenant did not obtain the insurance.  After 15 years of not having insurance, on a Friday before a holiday weekend, Landlord served a three-day notice to perform […]

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Airbnb Rental Held to Constitute an Illegal Use of Property

by Simon Offord May 27, 2016 Landlord/Tenant Disputes
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AirBNB (and similar rental sites) have been omnipresent in the news for the last few years.  Controversy has arisen in many cities as regulations and restrictions have been implemented.  The recent case of Chen v. Kraft is an example how these restrictions can impact landlords and tenants. In Chen v. Kraft, Chen (“Landlord”) filed an […]

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Borrower Fails in Preemptive Action Challenging Right to Foreclose

by Julia Wei May 24, 2016 Foreclosure
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In 2004, Ms. Brown borrowed $450k and secured that loan with a deed of trust against her property in Oakland, California.  The beneficiary under that deed of trust was Washington Mutual Bank, F. A. WAMU failed in 2008 and the FDIC sold WAMU’s assets to JP Morgan Chase Bank, N.A.  This sale included Ms. Brown’s […]

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Committee Offers Hope for Relief from Airplane Noise to Bay Area Residents

by Ashlee Adkins May 23, 2016 Disclosure
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Beginning in early 2015, the Federal Aviation Administration (“FAA”) introduced a new program, NextGen, which rerouted flight paths in the South Bay and Peninsula in an effort to improve airport infrastructure, air traffic management, and provide nearly $133 billion in benefits to airports, airlines, and passengers.  NextGen was implemented with the intention to drastically advance […]

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Important Water Considerations for After El Niño

by Ashlee Adkins April 29, 2016 Construction Disputes
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As predicted, El Niño arrived in California and brought some much needed precipitation with it.  This past winter brought the most rain California has had in quite awhile, with many major reservoirs in better shape than they have been in years.  Despite the warm welcoming El Niño received, there is a downside to the wet […]

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