Bay Area Real Estate Law Blog

Differences Between CAR and PRDS Purchase Agreements: Which One is Right for Me?

California has become known as the land of sunshine, adventure, and opportunity, and whether you are a California native looking to relocate or a newcomer to the Golden State, you will find that the California real estate market can pose [Read More]

Repairs at Your Rental – Whose Job Is It, Anyways?

As many housing providers and tenants have experienced when leasing a residential property, sometimes issues pop up in the property that require repair. Some might be minor- such as fixing the pilot light on a stove burner- and others larger- [Read More]

Big Changes to Residential Housing Laws in California: SB567 and AB12

Over the last 5 years or so, we’ve seen major changes in the California residential landlord tenant world, including one of the most impactful changes to California residential landlord tenant law in recent memory – the Tenant Protection Act of [Read More]

New Palo Alto Ordinance Tightens Tenant Protections

As is well known now since the passing of the Tenant Protection Act of 2019, as well as subsequent bills resulting from the effects of COVID-19, tenants in California have been afforded protections both from rent increases and evictions without [Read More]

Recent Appellate Decisions Hold COVID-19 Not Force Majeure Event for Nonpayment of Rent

COVID-19 tested legal theories and complexities that were previously known, but hardly ever applied in reality. One perfect example of such a complexity is within contract law, specifically the Force Majeure clause often found in commercial lease agreements. Commercial tenants [Read More]

Alameda County Landlords, Be Prepared for May 2023

After almost three years since the moratorium went into effect, the Alameda County Eviction Moratorium (Ordinance No. O-2020-41) is set to expire on April 29, 2023. Shortly after the COVID-19 pandemic began in early 2020, the County passed temporary eviction [Read More]

Historic Rains and Real Estate: Important Considerations for Sellers and Landlords

All throughout Northern California this winter, we have seen historic rainfall from Lake Tahoe to the low-lying coastal town of Santa Cruz south of the Bay Area. While we welcome the rain after some extensive droughts and dry weather, the [Read More]

Tips and Pitfalls When Drafting and Serving a Three-Day Notice to Pay

It is no secret that the COVID-19 pandemic had a huge impact on the rental market. By far the biggest impact was related to the timely and regular payment of rent for residential units. For most tenants during the pandemic, [Read More]

Habitability Disputes and How to Avoid Them

While most landlords and tenants enjoy a peaceful and cordial relationship, there are times wherein disputes arise. This causes stress on both sides, as well as the potential for litigation, spending of resources, and a huge time commitment. In this [Read More]

End of Tenancy Checklist for Landlords

At the end of each residential tenancy in California, landlords are required to perform a checklist of tasks to comply with the law. These tasks can be intimidating and are riddled with pitfalls that could result in further involvement with [Read More]

Tenancy-in-Common Complications in the Uniform Partition of Heirs Property Act

I. Partition Abuse and the Problem of Declining Intergenerational Wealth Unfortunately, a far too common scenario occurs where the family home passes to the children where the parents decease intestate (meaning, mom or dad did not have a will, trust, [Read More]

An Aberration? A One-Year Statute of Limitations and No Discovery Rule to Section 7031(b) Disgorgement Claims

Section 7031 was enacted as both a shield and a sword to deter unlicensed building contractors by (a) preventing them from bringing a claim for compensation for work performed that required a license, and (b) allowing any person who used [Read More]

5 Precautions to Take when Showing Properties in a Pandemic

Covid-19 changed the way in which properties are shown in the State of California. Open houses, scheduled showings and impromptu drop-ins are now a thing of the past. As the State is in Stage 2 of reopening following the State [Read More]

Conducting Business as a REALTOR® in San Mateo and Santa Clara Counties

The current Shelter in Place orders in San Mateo and Santa Clara County, along with the current MLSListings guidelines and rules, have changed the way REALTORS® conduct business during the COVID-19 pandemic. While helping people buy and sell arguably the [Read More]

What you Need to Know about the Santa Clara County Covid-19 Residential and Commercial Eviction Moratorium

In light of the Coronavirus (“Covid-19”) Pandemic that has affected schools, businesses, housing and employment, the Santa Clara County Board of Supervisors adopted Ordinance No. NS-9.287, an Urgency Covid-19 Eviction Moratorium (“SCC-Moratorium”), on March 24, 2020. The SCC-Moratorium immediately took [Read More]

Defenses For Buyers in the Era of COVID-19

COVID-19 has had far reaching economic effects that continue to ripple through every industry, and real estate is no exception. In this time of uncertainty many of those who have recently entered into real property purchase contracts find themselves unwilling [Read More]

California Association of Realtors Releases 4 New Forms in Response to Pandemic

The COVID-19 outbreak has created a slew of issues and potential areas for debate in the real estate world.  This has included issues with performing under active or potential purchase contracts, as well as determining how real estate agents may [Read More]

What you Need to Know about the California Covid-19 Residential Eviction Moratorium

In light of the Coronavirus (“Covid-19”) Pandemic that has affected schools, businesses, housing and employment, Governor Newsom executed two Executive Order’s regarding evictions. The March 16, 2020, Executive Order N-28-20 authorizes local governments to halt residential and commercial evictions based [Read More]

What you Need to Know about the City of Los Gatos’ Covid-19 Residential Eviction Moratorium

In light of the Coronavirus (“Covid-19”) Pandemic that has affected schools, businesses, housing and employment, the Town Council of Los Gatos adopted Ordinance 2305, an Urgency Covid-19 Eviction Moratorium (“LG-Moratorium”), on March 24, 2020. The LG-Moratorium immediately took effect and [Read More]

What you Need to Know about the City of Santa Clara’s Covid-19 Residential Eviction Moratorium

In light of the Coronavirus (“Covid-19”) Pandemic that has affected schools, businesses, housing and employment, the City Council of Santa Clara adopted Ordinance No. 2014, an Urgency Covid-19 Eviction Moratorium Ordinance (“SC-Moratorium”), on March 24, 2020. The SC-Moratorium took effect [Read More]

What you Need to Know about the City of Mountain View’s Residential Covid-19 Eviction Moratorium

In light of the Coronavirus (“Covid-19”) Pandemic that has affected schools, businesses, housing and employment, the City Council of Mountain View adopted Ordinance No. 2.20, an Urgency Suspension of Residential Covid-19 Evictions (“MV-Moratorium”), on March 27, 2020. The MV-Moratorium immediately [Read More]

What you Need to Know about the City of San Jose’s Covid-19 Residential Eviction Moratorium

In light of the Coronavirus (“Covid-19”) Pandemic that has affected schools, businesses, housing and employment, the City Council of San Jose adopted Ordinance No. 30381, an Urgency Covid-19 Moratorium on Evictions (“SJ-Moratorium”), on March 17, 2020. The SJ-Moratorium took effect [Read More]

Important Information about Statewide Rent Control – AB1482

Half of all California renters, more than 3 million homes, spend more than a third of their income on rent. This means that half of all renters in California are “rent-burdened”, according to the federal government’s definition of such. To [Read More]

Watch Those Words!

Stay out of trouble when writing purchase agreements by avoiding these pitfalls The Standard CAR and PRDS agreements are constantly updated and vetted in an attempt to ensure that they are clear and avoid dispute.  However, there are times when [Read More]

Pre-Litigation Road Map for Real Estate Clients

Most of the people who seek the help of a real estate attorney want to swiftly resolve a dispute they are experiencing. However, patience can be the name of the game when attempting to negotiate before a complaint has been [Read More]

Are Solar Easements Enforceable?

We previously wrote about view easements, a question we are often asked about.  Notably, many clients believe they should have a right to view, but as our prior article discusses, the answer in that scenario is oftentimes “no.”  However, the [Read More]

Common Defects That Lead to Disclosure Disputes

The number one piece of advice we give to sellers is disclose, disclose disclose! With most home sales, the devil is in the details. A dispute over a non-disclosed defect is the most common type of legal issue related to [Read More]

Forms of Joint Property Ownership in California

Individuals purchasing real property in California quite often do so jointly with others.  Whether investing, starting a family, or for business purposes, sharing the benefits and burdens of property ownership often makes good sense.  We often get questions from married [Read More]

Agree to Terms with Co-Owners Before Issues Arise

Our office is contacted frequently about disputes related to real estate clients own with other individuals.  This can include un-wed significant others, siblings, friends and business partners.  In most of these situations, the owners do not have any sort of [Read More]

A California Landlord’s Guide to Emotional Support Animals

Having an emotional support animal is a popular new method for therapy and well-being. They provide comfort and support to individuals suffering or in crisis, but they are different than service animals. The law in California treats service animals differently [Read More]

5 Things to Consider When Transferring Title of Real Property

On almost a weekly basis, our firm receives phone calls from clients about title transfers and changes in real property ownership. Many life events occur throughout our lifetime, and with that comes a change in the manner we conduct our [Read More]

Wrinkle in California Law Provides Shortcut to Forcing Compliance

Real property is one of the most important purchases in a person’s life. Given the importance and the stakes involved, disputes are not uncommon. Thankfully, California real estate law provides parties with many unique and effective resolutions for disputes concerning [Read More]

What Really is Required for a Failure to Disclose Claim?

Failure to disclose cases are something we deal with on an extremely regular basis. A case I recently litigated confirmed the standard required in order to prevail in such a case. In such case, we represented a seller of a [Read More]

How to Prevent Losing Property via Adverse Possession or Prescriptive Easement

One of the topics we deal with most often pertaining to neighbor disputes are adverse possession or prescriptive easement claims. These are claims whereby one property owner claims that because of extended use of another’s property, they have gained either [Read More]

How Will the New Housing Laws in Redwood City Impact You?

It is the New Year, and with that comes resolutions, gift returns, tax returns and new laws.  This is a short guide to help landlords and tenants navigate the new rental protections laws that the City Counsel of Redwood City [Read More]

What to Expect During Mediation

A few recent articles have discussed new laws in mediation and situations which oftentimes result in mediation, however we have not discussed what mediation is and the practical implications of it.  Our firm deals with mediation on an extremely regular [Read More]

What to Do When Disaster Hits

With the recent outbreak of fires in Butte County and Southern California, it seemed like an appropriate time to address the best course of conduct for those who have been hit with tragedy. For this article, we will assume you [Read More]

New California Law Affecting Real Estate Mediation

Approximately 95% of pending lawsuits end in a pre-trial settlement, with a majority of those settlements occurring at mediation. Mediation has been extremely successful for our clients, and it is typically more economical and efficient than going through the court [Read More]

Can A Buyer Back Out of a Non-Contingent Offer?

In my last article, we discussed liquidated damages in the context of a residential real estate purchase contract.  This article will examine whether a buyer may have a right to back out of a contract and receive their full deposit [Read More]

What a Three-Day Notice to Pay Rent or Quit Really Means

It is after Labor Day weekend and that means school supplies, summer vacation credit card bills, and preparing for the holidays. With all these added costs, the tenant may not have enough money to pay rent and the landlord serves [Read More]

Out of Contract? Not So Fast…

In the highly-competitive real estate market in California, agents are being more aggressive in enforcing contract terms. So before you tell your client that you are “out of contract”, you might want to be sure the contract is actually cancelled! [Read More]

Liquidated Damages and Buyer’s Refusal to Close Escrow

Buyers seeking to back out of a purchase contract after all contingencies have been removed is one of the matters we see the most in our office.  This is not surprising, given the crazy Bay Area real estate market and [Read More]

Selling Your Home with a Tenant Inside

Being a landlord in California can be very rewarding, but also challenging at times. Being a landlord and trying to sell your home can be even more challenging. In the Bay Area specifically, we’ve noticed a slowdown in the market [Read More]

5 Things Landlords Should Remember When Evicting Tenants

Summer is a time where most things slow down. School is out, vacations are plentiful, and the days are longer. What does not slow down is the housing market. With that inevitably comes evictions. A landlord who wants to regain [Read More]

Navigating the Unstable World of Real Estate and Cannabis in California

Marijuana legalization in California is here, but the fact that the substance is still considered illegal at the Federal level is causing some confusion and hardships for growers and sellers. Learn about how to navigate the unknown areas in attorney [Read More]

Recreational Pot In 2018: High-Times Or A Buzz-Kill For California Real Estate?

California is set to roll out new guidelines implementing the voter-mandated legalization of recreational marijuana use and production in January of 2018.  At the same time, cities and counties are scrambling to implement their own regulations before the state rules [Read More]

Progress Report on Rent Control Initiatives in Silicon Valley

Few topics have drawn more heated discussions throughout the Silicon Valley real estate industry than the ever-changing and increasing rent control efforts happening all across the region. From 2011 to 2016, the median wage in San Francisco, Santa Clara, and [Read More]

The Basics of Homeowners Association Disputes Part 1 – Mediation

HOA disputes are something that we see on a regular basis. Although in a perfect world, none of us would get in disputes with our neighbors, the reality is that disputes between neighbors, or the association and an owner, are [Read More]

Hidden Pitfalls of Renewal Clauses in Commercial Leases

One of the most overlooked clauses in commercial leases is the option to renew. Essentially, an option to renew is merely an offer by which the lessor binds himself in advance to make a contact if the lessee accepts on [Read More]

San Jose Tenant Protection Ordinance

The rental market in San Jose, currently the most expensive in America according to the 13th annual Demographia International Housing Affordability Survey of 2017, has experienced a recent spike in activity leading up to the enactment of a City ordinance [Read More]

Sheriff’s Sales to Third Parties Cannot be Set Aside

Howard Rich (“Buyer”) purchased a single-family residence at a sheriff’s sale in July 2011. The prior owner, Yung-Shen Steven Lee (“Debtor”), had a judgment against him. The judgment holder, Spyglass Hill Community Association (“HOA”), sought and completed the execution sale [Read More]

Construction Contract Tips for Owners — Part 1

A remodel of your home can be a substantial investment. Nonetheless, it oftentimes shocks me to see the contracts that parties enter into regarding construction. This article is intended to highlight some of the issues that homeowners should look out [Read More]

Conditions That California Sellers May Not Have to Disclose

(this article was written by Evy L. Eschbacher, the newest attorney at the Brewer Offord & Pedersen LLP) Selling a home can be on of the biggest steps in anyone’s life. Whether it involves letting go of old memories, bringing [Read More]

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

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 [Read More]

Commercial Landlords Subject to New Accessibility Disclosure Requirements

Multiple attempts have been made by California legislators in the past several years to limit the growing number of predatory Americans with Disabilities Act (“ADA”) lawsuits in California, whereby landlords and business owners are being sued for ADA accessibility violations. [Read More]

Court Allows Owner to Evict Tenant who has Filed Bankruptcy

Sholem Perl (“Perl”) owned a duplex in Los Angeles. Perl defaulted on his loan and the property was foreclosed on in 2013. At the foreclosure sale, Eden Place, LLC (“Eden Place”) purchased the property but Perl remained in possession of [Read More]

Nuisance Law Blog Series

It is incredibly important to stay aware of remedies that are available to you in case you are experiencing nuisance from your neighbor. Here you can find a few articles regarding this topic which we hope will find helpful. As [Read More]

Foreclosure Bidder Continues Fight After 9th Circuit Decision

Over four years ago, I wrote about the unpublished case of Jacobsen v. Aurora Loan Services (2012).  Jacobsen was a foreclosure investor who had been negotiating with borrower O’Brien.  O’Brien had borrowed $1.24M secured by a deed of trust against the property.  [Read More]

Commercial Leasing Considerations for the Adult Use of Marijuana Act

This November, Californians will vote on Proposition 64, the “Adult Use of Marijuana Act” which will effectively legalize the recreational use of marijuana to people over age 21. California’s Marijuana Legalization Initiative enumerates extensive modifications to the state’s Business and [Read More]

Appellate Court Upholds Fact-Based Determination of Nuisance

In the recent case of Mendez v. Rancho Valencia Resort Partners, LLC, the appellate court analyzed whether certain noise constituted a nuisance. The Mendezes (“Neighbor”) filed suit, claiming Rancho Valencia’s (“the Resort”) outdoor festivities constituted a private nuisance.  The Trial [Read More]

5 Tips for Landlords This Winter

A landlord’s duty to maintain a habitable unit can morph as the winter months approach here in California. What makes a unit habitable in the summer months can change with the seasons and the drop in temperature. In our recent [Read More]

Broker Beware! How to NOT Lose a $925,000 Commission!

A recent case confirmed our oft-repeated advice to get it in writing.  In Westside Estate Agency, Inc. v. James Randall, a broker learned this rule the hard way. California’s statute of frauds declares invalid any “agreement authorizing or employing an [Read More]

Buying Into an HOA, Part 3

Buying a new home can be an overwhelming process. The amount of paperwork is staggering. When buying property that is part of a homeowners’ association (HOA), the paper work is increased due to a statutorily-mandated set of additional disclosures regarding [Read More]

Court Finds Listing Agent Can Fight Multiple Owners For Her Commission

Recently, the Sixth District Court of Appeals overturned a state trial court order that originally invalidated a listing broker’s claim against multiple sellers of a vacant parcel of land in Marin County. FACTS:  Licensed broker Bernice Jacobs presented a listing agreement [Read More]

Two Proposed Assembly Bills Could Change the Commercial Real Estate Landscape

Prompted by the 2016 landmark ruling in the California Supreme Court Case Horiike v. Coldwell Banker, California Assembly members have introduced Assembly Bill 1059 (“AB 1059”) and Assembly Bill 1626 (“AB 1626”). AB 1626 and 1059 oppose each other and [Read More]

Sublease Considerations for Commercial Tenant

Commercial subleases can be good bargain options for tenants, but there are certain risks involved.  This article is intended to assist tenants in identifying these risks and understanding what can be done to mitigate them. There are many issues for [Read More]

Bah Humbug! How to Avoid Legal Issues During the Holidays

Winter is the time for festive celebrations, family, friends and giving.  However, we all know there are some Scrooges out there who do not share the joyful spirit. In this blog, we look at some of the real estate related [Read More]

Supreme Court Enforces DirecTV Binding Arbitration Provision and Finds California State Law Invalid

In a recent Supreme Court decision analyzing a California class action, the Court favored DirecTV’s binding arbitration provision and dismissed the class.  DirecTV’s service agreement had a binding arbitration provision against each individual subscriber.  That meant that any subscriber who [Read More]

Court Finds that International Property Owners Cannot Avoid California Jurisdiction

In 2007, Maria Soto (“Maria”) obtained a loan from Diana Buchanan (“Buchanan”) secured against a property she owned along with her husband and two other people.  In 2011, after defaulting on the loan, Buchanan sued Maria to collect the debt.  [Read More]

HOA Rules Upheld Once Again

Recent cases have generally supported a trend that homeowner’s associations are given a fair amount of deference in establishing their own rules.  A recent case in San Luis Obispo County has yet again provided deference to the homeowner’s association. Oak [Read More]

Court Limits a Tenant’s Ability to Challenge an Unlawful Detainer Action

Sofia Borsuk (“Borsuk”) was a tenant at LA Hillcreste Apartments in Los Angeles.  In March, 2015, LA Hillcreste served Borsuk with a 3-day notice to pay rent or quit.  After Borsuk failed to pay rent, LA Hillcreste attempted to evict [Read More]

Supreme Court Finds California’s Anti-Deficiency Statute Protects Borrowers After a Short Sale

THE DECISION:  The Supreme Court of California held that Code of Civil Procedure Section 580b prevents lenders from pursuing borrowers after approving the borrower’s short sale. Previously, the case law had been clear that after a foreclosure sale, the lender [Read More]

Seller is Refusing to Close Escrow? Know Your Options

If you’ve recently purchased a home, or are looking to buy, you know how tough the market is.  The competition is intense, with there being more buyers than sellers.  Finally, your offer on your “dream home” has been accepted. The [Read More]

Court Rules in Favor of Borrowers Suing for Wrongful Foreclosure

Tsvetana Yvanova (“Yvanova”) was a borrower who obtained a loan from New Century Mortgage Corporation (“NCMC”) in 2006.  In 2007, NCMC filed for bankruptcy and in 2008, its assets were liquidated.  In 2011, several years after NCMC was liquidated, NCMC [Read More]

Court Makes it Easier to Strip Mortgages

Robert and Darlene Blendheim (“Blendheim”) were borrowers who obtained two mortgages from HSBC Mortgages Services in the amounts of $347,900 and $90,474.  In 2007, the Blendheims filed for Chapter 7 bankruptcy protection and obtained their discharge.  The day after receiving [Read More]

Supreme Court Upholds Controversial San Jose Affordable Housing Ordinance

The Bay Area is known worldwide for a multitude of things, including being the hub of technological advancements, cultural diversity, and championship sports teams.  One of the more recent phenomena however doesn’t have to do with any of those things. [Read More]

Court Denies a Landlord’s Ability to Change House Rules in San Francisco

Margaret Foster (“Foster”) lived in the same apartment in San Francisco for more than 40 years.  In 2011, her building was bought by W.J. Britton & Co., Inc. (“Britton”).  As part of new management, Britton sent each tenant a new [Read More]

Important Water Considerations for After El Niño

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 [Read More]

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

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 [Read More]

Borrower Fails in Preemptive Action Challenging Right to Foreclose

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 [Read More]

Airbnb Rental Held to Constitute an Illegal Use of Property

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 [Read More]

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

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 [Read More]

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

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 [Read More]

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

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 [Read More]

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

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 [Read More]

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

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 [Read More]

Court Clarifies that an Eviction is not a Protected Activity

Monira Ulkarim, a tenant in a shopping mall, had a year-long lease with her landlord, Westfield.  In the middle of the tenancy, the landlord served Ulkarim with a notice of termination of the lease.  Ulkarim alleged that the termination was [Read More]

Investment Property Blog Series

Brewer Offord & Pedersen LLP put together an “Investment Property Blog Series.” We hope you find the information in this series to be informative as it covers important infomation surrounding investment properties. If you find yourself needing real estate legal [Read More]

California’s Spite Fence Laws – Trees, Hedges, and Shrubs, Oh My!

California has had a spite fence law since 1885, and until very recently, the courts did not consider whether trees could be a “fence”. 841.4.  Any fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in [Read More]

Court Whacks Lender for Failing to Get Consent from All Borrowers

In March, 2009, Sally DaVincenzo (“Sally”) and John DeVincenzo (“John”) were borrowers on a promissory note (“Note”) secured against a property in Wasco, California (“Wasco Property”) and a property in Shafter, California (“Shafter Property”).  The Wasco Property was community property [Read More]

Actual Property Damage Required to Obtain Attorney Fee Award in Trespass Action

The recent case of Belle Terre Ranch, Inc. v. Wilson clarified that in order to recover attorney fees in a trespass on land for “cultivation” or raising livestock under Code of Civil Procedure § 1021.9, you must obtain an award [Read More]

HOAs May Not Reject Partial Payments on Assessment Liens in Order to Prosecute Foreclosure

The recent case of Huntington v. Miller confirmed again that a HOAs must accept partial payments and are limited in their ability to foreclose on an assessment lien when such lien is for less than $1,800.00. In Huntington, an owner [Read More]

Supreme Court Resolves Circuit Split Over TILA Rescission

Larry and Cheryle Jesinoski (“Jesinoskis”) refinanced their loan on February 23, 2007 with Countrywide Home Loans, Inc. (“Countrywide”).  Three years later, they sent a written letter to rescind the loan pursuant the Truth in Lending Act (“TILA”).  A year later, [Read More]

Damage Caused by City-Owned Tree May Allow for Recovery Under Inverse Condemnation

The recent case of City of Pasadena v. Superior Court dealt with a situation whereby a city-owned tree fell on a private residence during a windstorm, causing damage.  The insurer for the homeowner paid benefits to the homeowner, and then [Read More]

Snakes In the House! Why Realtors® and Sellers Should Remember Their Duty to Disclose

“I do not want them in the house, I do not want them on my blouse, I would not like them in my car, I would not like them near or far, I do not want them here, nor there, [Read More]

Irrevocable Parol License: Court Grants Rare Right to Use Neighbor’s Property

Usually when we write about neighbor disputes, we discuss boundary disputes, a misplaced fence, or property rights gained or lost through adverse possession or easements.  In our previous article, we discussed Adverse Possession, Prescriptive Easements and Equitable Easements, with a [Read More]

The Watcher – A Reminder that Disclosure Duties Go Beyond Physical Defects

We have written several articles about a seller’s duty to disclose, including articles about the consequences of failure to disclose material facts. Most of these articles discuss physical defects, as these are the issues that most often result in lawsuits. [Read More]

Court Holds Debt Collectors Liable for Attempting to Collect Unenforceable Debts

In 2005, Afsheen and Fabiola Alborzian (“Alborzians”) obtained two loans to purchase a residential property.  The first lienholder was Wells Fargo and the second lienholder was JPMorgan Chase Bank (“Chase”).  Eventually, after the Alborzians defaulted on their loans, Well Fargo [Read More]

Trespasser’s Injury Must be Greatly Disproportionate To the Owner’s Injury to Obtain Equitable Easement

The recent case of Shoen v. Zacarias further analyzed the equitable easement concept and what is required by a trespasser to obtain one. In Shoen, the Zacariases (hereinafter “Trespassers”) were innocently trespassing on a patch of land owned by the [Read More]

5 Things to Consider Before Building a Pool

As the heat of the summer continues across California, and temperatures start to creep into the triple digits, having a pool around sounds like a pretty swell option. In the privacy of your own property, you can take a dip to cool [Read More]

HOA Obtains Injunction Requiring Floor Covering

The recent case of Ryland Mews v. Munoz dealt with an increasingly common issue in homeowners associations – the installation of hard surface flooring. Ryland Mews (“the HOA”) sued Munoz (“Homeowner”) in response to Homeowner’s installation of hardwood floors in [Read More]

Court Offers Some Relief for Homeowners under HBOR

The case of Monterossa v. Superior Court of Sacramento County (real party in interest, PNC Bank) is the first case to definitively answer a question many litigators have had ever since the Homeowner’s Bill of Rights went into effect. California’s [Read More]

Legal Notice of a Lis Pendens Requires Mailing to All Owners on the Tax Assessor’s Roll

In 2001, John Carr (“Carr”) claimed adverse possession of a vacant lot (the “Property”) in Riverside. The owner of record was a decedent’s estate in probate. In 2003, a judgment was recorded transferring from the estate one half of the [Read More]

Real Estate Law Considerations for Fallen Leaves

Some Californians believe that California does not exhibit autumn colors. That is because most of the population lives near a coast, where Mediterranean plants dominate the terrain. However, California boasts some of the most beautiful autumn sceneries in the country. The changing colors [Read More]

Are Short Term Rentals for You?

Short term rentals are becoming big business, and California and the Bay Area are no exception.  Companies such as Airbnb and VRBO have grown to become massive entities and have drawn a great deal of attention.  So much so that [Read More]

Court Affirms that Res Judicata Applies to Stipulated Judgments in Unlawful Detainer Actions

In April of 2008, Jeffrey Needelman (“Tenant”) entered into a lease agreement with DeWolf Realty Co., Inc. (“Landlord”) for an apartment in San Francisco.  After the lease expired, Tenant continued on as a month-to-month tenant.  In December of 2011, Landlord [Read More]

Court Helps Lender After Mistakes Are Made

Over three years, Navjot LLC obtained three loans secured by the same piece of property.  The first was in 2005 from Washington Mutual.  The second was in 2006 from a group of investors led by MMB First Mortgage Fund, LP.  [Read More]

$900K Judgment Against Supervising Broker Dischargeable in Bankruptcy Despite Agent’s Fraud.

In a lengthy and well-reasoned opinion, the 9th Cir. Bankruptcy Appellate Panel concluded that where the broker was unaware of the agent’s fraud, the state court judgment against the broker was dischargeable and the broker was entitled to a “fresh [Read More]

Neighbor Issues Blog Series

The attorneys at Brewer Offord & Pedersen LLP have handled many disputes that arose between neighbors with respect to trees. In an effort to educate our network of California property owners, as well as our followers, we hope you will find [Read More]

Court Again Punishes Dual Agents

We have previously stressed to real estate professionals, in our blog articles and in many of our speaking engagements, that dual agency is a very risky proposition for real estate brokers. The courts have consistently gone out of their way [Read More]

Courts Give Landlord Relief From Rent Control Ordinances

Lakeesha Lyles (“Lyles”) was a tenant living in a rent controlled apartment in Los Angeles since 2003.  Her landlord, Denise Sengadeo-Patel (“Patel”), failed to send her a copy of a rental unit registration statement or the annual rental unit renewal [Read More]

Buying Properties In Bankruptcy – Some Tips For Investors

What if you find the perfect house but the owner-seller is in bankruptcy? Sometimes it can be challenging to navigate the bankruptcy system and understand who the decision-maker is in the transaction. If you want to make an offer on [Read More]

Buying Into an HOA, Part 2

Buying a new home can be an overwhelming process. The amount of paperwork is staggering. When buying property that is part of a homeowners’ association (HOA), the paper work is increased due to a statutorily-mandated set of additional disclosures regarding [Read More]

Court Finds that Notices of Rent Increase Are Not Necessary for Resident Property Managers

Ceceilia Drumea (“Drumea”) was the resident property manager at an apartment building in Los Angeles for 18 years.  Prior to serving as the property manager, she was a tenant at the property for one year.  During that time, she was [Read More]

Are Mortgage Loan Officers Entitled to Overtime Pay?

The answer is … maybe.  At one point the industry had some certainty on this issue when, in 2006, the Department of Labor (DOL) issued an opinion letter on September 8, of that year stating that loan officers qualify as [Read More]

Real Estate Case Update Blog Series

The attorneys at Brewer Offord & Pedersen LLP put together a “Real Estate Case Update Blog Series.” We hope that the information you find here will be relevant for you as it covers a wide spectrum of common real estate [Read More]

Court Sanctions Buyer for Filing Frivolous Failure to Disclose Action

The recent case of Peake v. Underwood will hopefully deter frivolous claims against real estate agents. Peake purchased a home from Underwood.  Long after the sale closed, Peake filed suit against Underwood and his agent, claiming Underwood and his agent [Read More]

Lender is Responsible for the Condition of the Property Following a Foreclosure

Joseph Erlach rented a bedroom and bathroom in a house located in Monterey.  He entered into an agreement with the original owner, Mary Schwann, to rent the property for seven months with the lease ending in October.  In the middle [Read More]

So you Want to be a Landlord

For many people, their first experience with becoming a landlord is a bit of an accident.  They buy a new house and decide to lease out their former place until the housing market improves, or they may be moving for [Read More]

Realtor Liability Blog Series

Brewer Offord & Pedersen LLP put together a “Realtor Liability Blog Series.” We hope you find the information in this series to be informative as it covers a few common liability pitfalls for Realtors®. If you find yourself needing real [Read More]

Court Affirms that Liability for Failure to Disclose Requires Relationship

The recent case of Hoffman v 162 North Wolfe LLC confirmed the statutory requirement that in order to prevail on a fraud claim for suppression of a material fact, the defendant must have a legal duty to disclose the fact [Read More]

Buying Into an HOA, Part 1

Buying a new home can be an overwhelming process. The amount of paperwork is staggering. When buying property that is part of a homeowners’ association (HOA), the paper work is increased due to a statutorily mandated set of additional disclosures [Read More]

Court Gives a Double Win to Borrowers

Vidal Preciado was the owner of a residential property in Alviso, California where he lived with two roommates.  In July 2011, the Bank of New York Mellon (“BNYM”), holder of a loan secured against Preciado’s property, foreclosed on the loan.  [Read More]

Three Things to Look For in Your HOA Docs

When buyers receive their disclosures it is often a huge volume of documents and even more so if the buyer is purchasing a condominium, townhouse, or other property governed by a Homeowner’s Association (HOA).  We are often engaged by Realtors [Read More]

Loan Modification Blog Series

Have you experienced difficulties when applying for a loan modification? Check out our new blog series! The articles written by our knowledgeable and experienced attorneys will guide you through your rights and obligations during the mortgage refinancing process. As always, if [Read More]

Court Clarifies Transfer Disclosure Law for Mixed-Use Property

The recent appellate decision of Richman v. Hartley is critical for California real estate agents and sellers to know as it clarifies the mandatory disclosure requirements for property sales. Richman v. Hartley dealt with the sale of a mixed-use property [Read More]

2014 New Laws Impacting Real Estate – Part 2

Another year, another set of new or revised laws.  There are hundreds of new or revised laws this year for California, several of which impact the real estate community.  This is the second in our series of three articles highlighting [Read More]

Anti-Deficiency Statutes Prevent Claims of Fraud for Purchase Money Loans

In November 2013, in Heritage Pacific Financial, LLC v. Montano, the Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”) held that the one-action rule prevents a lender from seeking a deficiency judgment, even for fraud, for a purchase money loan [Read More]

Commercial Leases Blog Series

The attorneys at Brewer Offord & Pedersen LLP put together a Commercial Leases Blog Series. Whether you are a tenant or a landlord, we hope that you will find these blogs, written by our knowledgeable attorneys, helpful when considering renting [Read More]

Adverse Possession Blog Series

The attorneys at Brewer Offord & Pedersen LLP have many inquiries pertaining to the adverse possession problem. As we know that it is a common concern of a lot of property owners, we put together an Adverse Possession Blog Series [Read More]

New Lending Laws: Seller Carry Backs and the Truth-in-Lending-Act. What Sellers Need to Know in 2014 About Extending Credit.

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 or sold by assignment or endorsement [Read More]

2014 New Laws Impacting Real Estate – Part 3

Another year, another set of new or revised laws.  There are hundreds of new or revised laws this year for California, a number of which impact the real estate community.  This is the third in our series of three articles [Read More]

Court Requires Lender to Offer a Permanent Loan Modification on Completion of Trial Period

Following in the footsteps of several recent cases, the Third Appellate District of California held that JP Morgan Chase was required to grant a permanent loan modification.  In Bushell v. JPMorgan Chase Bank, the Appellate Court found that because the [Read More]

What Sellers and Realtors® Need to Know About California’s Financial Privacy Rights

When a seller decides to carry-back some portion of the purchase price, he or she becomes a lender. As a lender, the seller is now in possession of the borrower’s financial information, which would ordinarily be private, but is being [Read More]

Court Limits Poorly Drafted Easement to Historical Use

The recent case of Rye v. Tahoe Truckee Sierra Disposal Co., Inc. affirms the long-standing principle in easement law that an express easement over a general area does not automatically provide the easement owner exclusive use of the entire area. [Read More]

A Bona Fide Lease Survives a Foreclosure Sale

The First Appellate Court overturned the Santa Clara Superior Court and held that a bona fide lease survives a foreclosure.  In Nativi v. Deutsche Bank, the Court found that the federal statute, Protecting Tenants Against Foreclosure Act of 2009 (“PTFA”), [Read More]

Expansion of California’s Anti-Deficiency Laws. Increased Protection for Borrowers After the Foreclosure of Purchase Money Loans.

Effective January 1, 2014, Senate Bill 426 went into effect and modified California’s anti-deficiency laws to do two things: 1)    Clarify the protection implied in the earlier versions of the statute that prevents lenders from trying to collect on [Read More]

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 your rights and obligations during the foreclosure process, [Read More]

Potential Pitfalls for Real Estate Agents Assisting in Home Improvement Projects

I was recently asked to speak at one of the local real estate associations about restrictions on real estate agents when assisting clients with repairs to property or preparing the property for sale.  It is a very interesting topic because [Read More]

What Is the Difference Between Mediation And Arbitration? And Should I Initial the Arbitration Provision?

Often the terms “mediation” and “arbitration” are used indiscriminately, but they mean entirely different things for the parties to an agreement containing these provisions. 1. What is Mediation? Mediation is a way to resolve a dispute by mutual agreement. A [Read More]

Lenders Have a Duty to Not Misstate the Status of a Foreclosure or Loan Modification

There have been a string of recent cases that have been decided in favor of borrowers against their lenders who have failed to offer loan modifications.  The most recent case is Lueras v. BAC Home Loans Servicing, LP.  In Lueras, [Read More]

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 relevant for you as it [Read More]

Can I Have My Neighbor’s Land?

As the economy has improved we have seen a steady increase in fence and boundary disputes.  This is an increasingly common issue because when owners remodel their homes, a survey is sometimes required.  The survey reveals that the fence is [Read More]

Bankruptcy Court Denies Attorney’s Fees To Debtor Discharging Debts

Seyed Hosseini was a medical school graduate who incurred substantial student loans.  After graduating he was unable to pass the medical licensing boards and never became a doctor.  Eventually, after being unable to pass the licensing exam, he filed for [Read More]

Homeowners’ Association MUST Accept and Apply Partial Payments or Lose Its Right to Foreclosure

Most condominium or townhouse owners are familiar with the responsibility of paying their homeowner association’s (“HOA”) dues.  However, many owners do not realize that if they fail to do so, the HOA has the power to place a lien on [Read More]

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 hope you find these blog articles helpful. As [Read More]

How to Take Ownership of Property

When a couple, partners, or family members decide to purchase property together they rarely consider how they are going to take title until the property is in escrow.  The purchase of a home is oftentimes the most significant purchase of [Read More]

Court Denies a Borrower’s Challenge to Foreclosure of a Secured Loan

In Jenkins v. JP Morgan Chase Bank, N.A., the Court affirmed a lower court’s decision dismissing a borrower’s challenge to a foreclosure sale based on securitization of her loan.  In reaching its decision to dismiss the plaintiff’s complaint the Court [Read More]

Remodeling Series

The attorneys at Brewer Offord & Pedersen LLP have seen their share of construction related disputes. In an effort to educate our network of real estate professionals as well as our followers, we hope you find this series of blogs written [Read More]

What Can The Government Make You Pay to Obtain a Permit to Develop Your Own Property?

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 payments to the government to develop their [Read More]

Commercial Leases – The Right to Assign or Sublet, a Potential Trap for the Unwary Tenant

Commercial leases tend to be negotiated for long periods of time (10 or 15 year leases are not uncommon), especially if the tenant is making significant tenant improvements.  Accordingly, when the tenant’s business expands or contracts, a common dispute that [Read More]

New 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 unwarranted lawsuits brought under the Americans with Disabilities [Read More]

A Purchase Money Loan is a Purchase Money Loan Regardless of When It Funds

Recently, a California appellate court held that a purchase money loan is a purchase money loan regardless of when the loan proceeds are transferred to the borrower.  In Enloe v. Kelso, a court held that although proceeds of a loan [Read More]

Creditor Victory in Collection against California Guarantor

In a case of first impression California, the Court held that the creditor can attach to the proceeds of the sale of property even if the property itself was excluded from guaranty.  [Series AGI West Linn of Appian Group of [Read More]

Court Again Reaffirms the Requirement to Strictly Comply with HOA Laws

The recent case of Diamond v. Superior Court (Casa Del Valle Homeowners Association) has reaffirmed the importance of a Homeowners Association (“HOA”) strictly complying with statutory requirements, in this case to foreclose on a lien for delinquent assessments. Owners in [Read More]

Bankruptcy Series

The attorneys at Brewer Offord & Pedersen LLP have handled many collection disputes. Our current influx of calls pertaining to these types of matters has inspired us to put together a “Bankruptcy Series” consisting of insightful blogs written by our [Read More]

Court Limits Class Action Suits Against Landlords

In a recent Second Appellate District ruling, the court made it more difficult for tenants to sue landlords in class action lawsuits.  In. Hendleman v. Los Altos Apartments, the appellate court upheld a lower court’s decision to deny certification of [Read More]

Neighbor Law – How Are Easements Extinguished?

The more rural the property, the more likely it is that landowners who share a common boundary will have various rights of way or easements with their neighbors to accommodate hillsides, steep turns, and limited access points. This is often [Read More]

Court Denies Request to Adjust Lot Lines After Landslide

In the recent case of Joannou v. City of Rancho Palos Verdes, the appellate court affirmed that under the Cullen Earthquake Act, a homeowner may file a lawsuit to reset property boundaries disturbed due to earth movements.  However, the Court [Read More]

Ninth Circuit Requires Lender to Offer a Permanent Loan Modification to Qualified Borrowers

In a win for borrowers the Ninth Circuit Court of Appeals recently held that Wells Fargo was required to grant a permanent loan modification to qualified borrowers.  In Corvello v. Wells Fargo, the borrower successfully met the requirements of a [Read More]

The “Mortgage Exception” to Merger of Real Property Interests in California

California does not actually have a mortgage exception to the doctrine of merger, but the recent case of Hamilton Court, LLC v. East Olympic L.P[i]. comes close to creating one. What is merger and why should lenders care about it? [Read More]

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 to recover attorney’s fees after prevailing in a dispute. Additionally, we hope these blogs will serve as a [Read More]

2014 New Laws Impacting Real Estate – Part 1

Another year, another set of new or revised laws.  There are 100s of new or revised laws this year for California, several of which impact the real estate community.  Over the next few weeks, we will highlight what we consider [Read More]

The Penalty Provision That Wasn’t

Under California law a “penalty provision”, or an unreasonable liquidated damages provision, is not enforceable.  Over the years public policy has changed to allow for more stringent enforcement of these provisions.  For example, the standard real estate purchase contract has [Read More]

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 pursuit of [Read More]

Boundary Law – A Simple Way to Prevent an Adverse Possession or Prescriptive Easement Claim from a Neighbor

Landowners rarely survey their property until they are about to apply for permits for a remodel.  However, surveys can often reveal a misplaced fence, or in more rural areas, personal property such as landscaping, sprinkler systems, chicken coops, and the [Read More]

The Three Most Interesting Foreclosure Cases of 2012

In the recent tough times, lenders have had to conduct a number of non-judicial foreclosures.  Of course, the California courts have seen a number of borrower challenges to those foreclosures. In Debrunner v. Deutsche Bank, the California appellate court concluded [Read More]

Technical Omissions Will Not Be Used to Set Aside Non-Judicial Foreclosure Sales.

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 not preclude enforcement of non-judicial foreclosure  [Read More]

False Information on the URLA Really Matters

In the days before the financial crisis, it was common that borrowers or their loan brokers would intentionally falsify information on the Uniform Residential Loan Application (URLA) to qualify for a loan.  This was especially true with so many lenders [Read More]

Easement Blogs

We’ve had some recent easement inquiries and thought, what better way to give our support network perspective than to share this free highly rated educational blog series? The attorneys at Brewer Offord & Pedersen LLP are not only qualified to assist you with any [Read More]

California Court Reaffirms Line of Cases Regarding the Agreed Boundary Doctrine

Our office has seen an uptick in boundary disputes over the last several months.  These disputes commonly arise after one homeowner begins to remodel.  This is because, as part of the construction process, the City will oftentimes require the owner [Read More]

What is a Deed-in-Lieu of Foreclosure?

As of March 1, 2013, Fannie Mae has implemented new deed-in-lieu guidelines, streamlining the process and allowing borrowers who are current with their loan to be eligible.  Previously, only borrowers who were delinquent were eligible.  Now, if borrowers who have [Read More]

The 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 the amount owed as a prerequisite to making the challenge.  The rule [Read More]

Cross-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 discussed the importance of complying with alternative [Read More]

Homeowners Association Related Blogs Series

Lately, Brewer Offord & Pedersen LLP has received calls regarding Homeowners Association matters.  The attorneys at Brewer Offord & Pedersen LLP would like to share a few of their previously posted blogs pertaining to HOA matters. Our firm has handled many disputes [Read More]

Adverse 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 claim, the adverse possessor must prove each of [Read More]

More Risk for Junior Lienholders – Understanding Subordination Agreements

Junior Lienholders are by their very nature assuming greater risk because they are not in first position.  In the case of R.E. Loans LLC v. Investors Warranty of America, Inc., the junior lenders were at even more risk because the [Read More]

Court Eviscerates Lender’s Ability to Resolve Pre-Foreclosure Cases Quickly

In a stunning blow to lenders, the California Court of Appeals eviscerated a lender’s ability to resolve a wrongful foreclosure lawsuit quickly.  In Integan v. BAC Home Loans Servicing LP, the Court upheld a borrower’s claim that the lender had [Read More]

Non-Profits Need to be More Diligent to Prevent Adverse Possession Claims

In California one can obtain title to someone else’s property through a process known as “adverse possession.” The requirements for adverse possession are (1) pay the property taxes on the subject property, (2) actual possession that is (3) open and [Read More]

Recent Case Expands Broker’s Duty to Warn

The recent case of Hall v. Aurora Loan Services, LLC, 2013 DJDAR 5460 (April 26, 2013) has expanded the real estate broker’s duty of care to include an express disclosure and warning of matters included in a home inspection report [Read More]

Court Keeps it Difficult to Take Property By Adverse Possession

Recently there has been a lot of interest in adverse possession claims from the firm’s clients.  From a television interview with one of our attorneys to a tentative verdict in favor of our client denying another party’s attempt to adversely [Read More]

Disclosure Series

As real estate attorneys, Brewer Offord & Pedersen LLP cannot stress enough to real estate agents and sellers the importance of properly disclosing information pertaining to property being sold. Here are a few articles that our knowledgeable attorneys have written [Read More]

California’s Supreme Court Allows Trustee to Void Foreclosure Sale Sold Too Cheaply.

> What happens if the trustee is instructed by the lender to have a minimum bid of $219k but misses a digit and sets and sells the property at the foreclosure sale for a minimum bid of $21.9k?  You end [Read More]

Party Awarded Attorney Fees Despite Losing Contractual Claims

Attorney fee provisions often drive lawsuits, and become a significant battle after the trial is over.  The recent case of Maynard v. BTI Group was no exception. Catherine Maynard entered into a listing agreement, engaging BTI Group Inc. to broker [Read More]

Court 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 complaint by posting and mailing [Read More]

Negotiating Commercial Leases – Back to Basics

Understanding Square Footage and How it Affects Your Lease Previously, my colleagues wrote blogs regarding commercial leasing considerations for tenants and commercial evictions,  but today I am going to cover one of the most fundamental provisions of the lease – [Read More]

No More Harassing Depositions

If you have been a party to a lawsuit, or maybe even just a witness, you may have suffered the distinct displeasure of spending days sitting in a conference room while the opposing party’s lawyer asks question after question about [Read More]

No Deficiency on Settlement Agreement for a Note

Recently, in Weinstein v. Rocha, a California appellate court held that if a deficiency is barred by the anti-deficiency statute, a creditor cannot circumvent that protection by pursuing a settlement agreement modifying the terms of the loan. Facts of the [Read More]

How Are Easements Created? Part One

Before discussing how to create an easement, we must understand what an easement is. An easement is a non-possessory interest for the use of real property belonging to another for some specific stated purpose. Put simply, an easement is a [Read More]

New 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 September 25, 2012, Governor Jerry [Read More]

Fair is Fair for Competing Lien Holders

On September 27, 2011, the California Court of Appeal held that a holder of a second deed of trust was entitled be a first position lien holder over the bank that recorded its deed of trust first on the property [Read More]

Title Insurance on the Purchase of Multiple Parcels

Often a developer will purchase multiple parcels of property that have been sold together in a single transaction in the past. The developer’s intent is usually to sell those parcels separately later.   In such cases, the developer will obtain title insurance [Read More]

Can You Really Get Those Attorney Fees?

One of the key considerations in any real estate purchase dispute is the attorney fees provision. Given the expense of litigation, many times, the attorney’s fee quickly exceeds the damages in the case. However, a recent California case has placed [Read More]

How Are Easements Created? Part Two.

Before discussing how to create an easement, we must understand what an easement is. An easement is a non-possessory interest for the use of real property belonging to another for some specific stated purpose. Put simply, an easement is a [Read More]

Tis’ the Season.. to Take Care of Your Property.

During the holiday season it’s especially important to take the necessary precautions to make sure your home is safe and ready for guests. Be sure to perform home maintenance tasks in the coming weeks to avoid any seasonal glitches. Here [Read More]

CREDITORS BEWARE – How Bankruptcy Affects Your Bank Account Levies

Creditor Levies on Debtor’s Bank Account but the Debtor Files Bankruptcy Before the Sheriff Turns Over the Money to the Creditor.  Who Gets the Money? Collect Access, LLC (“Collect”) sought to enforce a judgment against Jose J. Hernandez and instructed [Read More]

Contractor’s Tort Liability Ends at Completion of Construction

In a recent case called Neiman v. Leo A. Daly Company the California Court of Appeal upheld summary judgment awarded to an architect based on his affirmative defense of the “completed and accepted” doctrine. Under this doctrine, once a contractor [Read More]

Following 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 impression:  Must homeowners serve notice of [Read More]

The Holiday Season is a Time for Giving

Attorney Charles Bronitsky is the new Vice Mayor of Foster City!  Charles has written an article to remind us all what the holiday season is truly about.  His article below may give you ideas on how to make a positive [Read More]

No Automatic Stay For Serial Bankruptcy Filers

Last month, in In re: Leafty, the Bankruptcy Appellate Panel for the Ninth District reaffirmed the statutory bar against debtors filing serial bankruptcies to stop a foreclosure after a creditor has obtained relief from stay in the debtor’s earlier bankruptcy. [Read More]

More Crazy Tree Damages.

In an article of just a few months ago I discussed a recent California case, Kallis vs. Sones, that discussed the potential consequences of the wrongful cutting of a neighbor’s tree (SEE “Get Consent Before You Cut, or Pay.”).  Since [Read More]

New 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 ingress or egress. Who pays for the [Read More]

McCoy 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 continuous interest in the property.  This holding [Read More]

No Tender is Required Pre-Foreclosure

In California, one of the biggest hurdles for borrowers who are challenging a foreclosure sale is the tender offer rule.  The rule requires that the borrower offer repayment of the entire amount owed prior to challenging the foreclosure.  However, in [Read More]

Arbitration 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 in law or equity in any [Read More]

California Court Overturns DRE’s Decision to Deny Broker’s License

In late 2012, the Third Appellate District provided some guidance for the DRE on what is sufficient rehabilitation for a prospective licensee to receive a license. Dave Singh was a police officer in Northern California until 2004.  Singh’s father, Sarbjit, [Read More]

Commercial Evictions… The Three Day Notice

I have recently been handling a number of commercial evictions.  Several years ago I stopped handling residential evictions, but there are a lot of similarities in the process. In California an eviction, (called an Unlawful detainer) is most often initiated [Read More]

Hey Vanna, Can I Buy A Comma?

How the absence of a comma in a Listing Agreement cost a broker a $340,000 commission. How important is it to be accurate in your listing agreement? Plenty, as one broker found out.  Take the February 2012 case of RealPro [Read More]

Bankruptcy Court Finds Exception to “Snapshot” Rule.

The Ninth Circuit Court of Appeals recently ruled that in order for debtors to receive the benefit of the homestead exemption after a forced sale of their home, they must reinvest the proceeds in another home.  The Court held that [Read More]

Do Not Overstep Your Bounds – Court Holds Mortgage Lender to the Higher Standard of Mortgage Broker

In the 2011 case of Smith v. Home Loan Funding, Inc., the Second District Court of Appeals held that a mortgage lender, who represented that they would comparison shop for the best loan, stepped into the role of a mortgage [Read More]

Kickbacks, Commission Splits & Loan Fees, Oh My!

The U.S. Supreme Court Finds Mortgage Loan Fees Were Not a Violation of RESPA. Anyone who has ever obtained a residential loan or mortgage is familiar with mysterious fees cropping up on their closing statement. For lenders, mortgage brokers and [Read More]

Secured Creditors’ Right to Credit Bid Affirmed

This week, in RadLAX Gateway Hotel, LLC v. Amalgamated Bank, No. 11‐166 (U.S. May 29, 2012) the United States Supreme Court unanimously ruled that a secured lender must be given the right to credit bid up to the full amount [Read More]

Supreme Court Upholds Creditor’s Rights

On May 29, 2012, the United States Supreme Court held that a secured lender must be allowed to credit bid on the sale of secured property when it is sold “free and clear” of liens.  In RadLAX Gateway Hotel, LLC [Read More]

There Goes the Neighborhood (Part 2)…Damages Available Resulting from Nuisance

In my previous article titled “There Goes the Neighborhood,” I provided an overview of some of the activities that can constitute a nuisance.  In this article, I will discuss the types of remedies that are available if you are able [Read More]

Preparing Your Disclosures When you Sell Your House

Check out this animated video discusses what to look out for while preparing  your disclosure documents when selling your property. Video Script CLIENT:                 We have decided to sell our house! Our Realtor has asked us to fill out some disclosures. [Read More]

California Passes Foreclosure Reduction Act

On July 2, 2012, the California Assembly passed the “Foreclosure Reduction Act” which substantially overhauls the non-judicial foreclosure process.  Non-judicial foreclosures constitute the vast majority of foreclosures in California.  While the legislation has not been signed by Governor Brown yet, [Read More]

Homeowners Association Found to Have Equitable Easement Despite Lack of Recorded Document

Sumner Hill is a homeowners association in a gated community in Madera County.  The Sumner Hill residents historically enjoyed access to a private road that leads to the nearby San Joaquin River. That access was jeopardized when a portion of [Read More]

Collection and Reporting of Energy Data in the Sale of Commercial Buildings – its coming 1/1/13

On October 12, 2007 AB 1103 became law. The law requires that commercial building owners collect and disclose energy consumption data prior to a building’s sale, lease, or finance.  January 1, 2013 is the current trigger date for implementation.  Since [Read More]

The California Foreclosure Reduction Act (aka Homeowner’s Bill of Rights) amends California’s non-judicial foreclosure process

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, 2013, in effect 5 years. Who?                    Affects borrowers, loan servicers, lenders and DRE licensees.  “Smaller banks” are [Read More]

After the Foreclosure, Lender Recovers Against Borrower on Court’s Expanded Definition of “Bad Faith” Waste

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 antideficiency statutes normally prohibit a lender [Read More]

What is this “Easement” Thing in my Preliminary Report?

Buying a home can be a very exciting time, and for most people the biggest investment in their lives.  Therefore, it is very important to make sure you know everything you can about the property prior to completing the deal. [Read More]

Foreclosure Bidder’s Frivolous Lawsuit Bites the Dust

UPDATE: This case was appealed to the 9th Circuit Court of Appeals, and was affirmed in part, and reversed/remanded in part. Read the update here: http://bayarearealestatelawyers.com/foreclosure/foreclosure-bidder-continues-fight-after-9th-circuit-decision Robert Jacobsen sued Aurora Loan Services, LLC in Contra Costa County Superior Court seeking to [Read More]

It’s a Good Day to be a Developer

How to Determine Your Primary Residence

One of the surprising aspects of lending law is the fact that the definition of one of the most basic terms is still in dispute. While one would think the term “primary residence” is clear, there is still substantial litigation [Read More]

Get Consent Before You Cut, or Pay!

In a previous blog, “Get Your Tree out of my Yard” I discussed the potential issues that may arise between adjoining landowners with respect to trees.  In that article, I cautioned against resorting to self-help unless you have consulted an [Read More]

Lenders Behaving Badly – Borrower Makes a Credible Case for Intentional Infliction of Emotional Distress, Fraud and Violation of Foreclosure Statute Section 2924g(d) Against Downey Savings & Loan (U.S. Bank N.A.)

The litigation tide turns in favor of the borrower due to the lender’s conduct. [Ragland v. U.S. Bank National Association et al, Filed September 13, 2012, No. G045580] Facts of the Case Pam Ragland was a borrower in Orange County [Read More]

Home Remodel Contracts – First Things First

In my previous blog article I discussed Fixed Price contracts and Cost Plus contracts. I intend to post a series of blog articles outlining the ways you can protect yourself before home remodel problems arise. Many of us have done [Read More]

Insurance for Your Remodel – Something No One Thinks About Until a Catastrophe Happens.

My colleague Charlie Bronitsky has been sharing tips for revising home improvement contracts and working with General Contractors. As The Homeowner, Make Sure You Are Insured Today’s article is inspired by a Chris Grammar of Allied Brokers.  Chris writes: “Remodel [Read More]

Bankruptcy Courts Continue to Punish Negligent Lenders

Previously, I wrote about the diverging case law in state and bankruptcy court regarding foreclosure litigation.  In state courts, California has almost unilaterally upheld nonjudicial foreclosure sales and overlooked any deficiencies by the lender.  On the other hand, the bankruptcy [Read More]

“Ho Ho Holiday Mayhem!” Avoid the Unwanted Present of a Lawsuit During the Holidays

‘Tis the holiday season.  Time for family get-togethers and holiday parties, whether you like it or not!  However, what happens when Uncle Eddy has one too many egg nogs, trips over a present under the tree, and breaks his leg?  [Read More]

Summary of new California Real Estate Laws for 2012

The new year brings with it new laws and some of these may affect you and/or your clients. The following are effective January 1, 2012. NEW DISCLOSURE REQUIREMENTS: Transfer Disclosure Statement (TDS) Disclosure of Water-Conserving Plumbing Fixtures A seller must [Read More]

Home Improvement Contracts – Part III

This is the third of my home remodel blog article series about how to protect yourself when contracting for a remodeling of your home. To review my previous articles, click on the following articles titled; “Home Remodel Contracts – First [Read More]

Bankruptcy Basics, Part I

In the past several months, I have had numerous private lender clients come to our office and ask me how they should proceed after receiving a notice of bankruptcy from a borrower.  In this article, I will summarize some of [Read More]

Wait, This is Binding? Is a Lease is Enforceable Even Though the Agreement Lacks Essential Terms?

In the 2011 case of First Nat. Mortg. Co. v. Federal Realty Inv. Trust, 631 F.3d 1058 (9th Cir. 2011), the Ninth Circuit Court of Appeals upheld a district court’s decision that a signed document, entitled “Final Proposal,” was an [Read More]

Advanced Collection Techniques to Collect on Your Judgment or “Pay Up, You Deadbeat!”

I’ve written in the past about the most passive method of collection, which is to simply record Abstracts of Judgment and assuming your judgment debtor has real property in the county where you have recorded the Abstract, and will eventually [Read More]

Protecting Your Pocketbook During Construction on Your Home

This is my fourth article regarding home remodel contracts. If you have not seen the basics, please take a look at my earlier articles ” Home Remodel Contracts- First things First,”  “Home Remodel Contracts,” and  “Home Improvement Contracts- Part III” [Read More]

Bankruptcy Basics, Part II

Previously I wrote about the basic bankruptcy terms.  This article  covers more advance topics related to creditors in bankruptcy and protecting their interests. Proof of Claim: A proof of claim is exactly as the name suggests, it is a document [Read More]

Can the City Restrict What Kind of Antenna I Can Have?

As a general rule, the First Amendment protects one’s right to receive ‘suitable access’ to meaningful television broadcasts (seriously!).  City ordinances restricting height, screening, and setback of satellite dishes that are content neutral are a valid regulation for health, safety, [Read More]

Mechanic’s Lien Law Changes

As of January 1, 2011 Mechanic’s Lien law has started changing here in California. Two changes are already in effect and the entire section of the Civil Code relating to Mechanic’s Liens has been rewritten and will be effective on [Read More]

Bankruptcy 201: Relief From Automatic Stay

By: Henry Chuang, Esq. Now that we have covered some basic bankruptcy terms in the prior two articles “Bankruptcy Basics, Part I” and “Bankruptcy Basics, Part II,” this article addresses the single most important motion for most creditors—the motion for [Read More]

Insurance Coverage for Damage Caused by Encroachments

A very common dispute that we see on a regular basis are encroachments on neighbor’s land.  These encroachments can be anything from a driveway, a portion of a home or balcony, or oftentimes fences or landscaping.  In many situations, the [Read More]

Co-ownership of Real Property – Fighting the Partition Action Can Cost You.

There is a fundamental premise in California law that a co-owner of real property has the right to sever the co-ownership at any time by forcing a sale of the property through partition.  The only exception is if the co-owners [Read More]

Mechanics’ Lien Law Changes Coming Soon

On July 1, 2012, just three months from now, an all new series of mechanics’ lien laws will be in place in California.  This new law, or actually a series of laws, will alter the process that has been in [Read More]

Federal Court Holds That There Is Still a Difference Between a Note and a Mortgage

Although most people in California refer to a loan secured by a house as a mortgage, the legally accurate terminology is a promissory note secured by a deed of trust.  There are two different theories for these loans.  Some states, [Read More]

Where Did My View Go? Homeowners’ Rights to Easements for Air, Light, and Views.

One of the most important features for some people in deciding whether to purchase a home is it’s view. Palo Alto and the San Francisco Bay Area are no exception. A good view can be worth hundreds of thousands of [Read More]

Real Estate Case Update: Dual Agents – Longer Liability Exposure

Bad Facts for the Licensee: The buyers bought a house with substantial water damage.  The problem? The sellers had painted over the damaged areas with dark brown paint.  The bigger problem? The buyer’s agent was present and taking photos of [Read More]

Local Private Money Investors Get Nailed with Usury Claim or “When is a Broker Not Really a Broker?” or “The Problem with Fractionalized Notes”

In a stunningly horrific recent case against private investors, the California Court of Appeals punishes investors on a multi-lender Note, rewards a borrower in default and allows the true bad actor (the mortgage loan originator) to walk away. Jim Ward [Read More]

Extreme Deal Hunting: Buying from Bankruptcy Estates

By now, short sales and REO’s have entered the mainstream vocabulary to describe properties that are distressed.  Recently, due to the increase number of bankruptcy filings, a new opportunity has arisen; purchasing real or personal property in bankruptcy.  Perhaps the [Read More]

Do Trees Qualify as a Fence Under the California Spite Fence Statute?

The California Legislature has carved out specific rules to deal with an issue that commonly causes disputes among neighbors: spite fences.   A “spite fence” is the generic term for any structure that harms a homeowner when that harm is the [Read More]

“Equitable Easements in California” or “It’s Ok to Drive Over Your Neighbor’s Land When You’re Landlocked”

Despite modern technology, good maps, title company preliminary reports and computerized indexes at the county recorder’s office, easement issues still arise in case law and in my practice area. The shared driveway is a common scenario and in the recent [Read More]

Gold or Snowball? The Effect of an “As-Is” Clause on Real Property Purchase Agreements in California.

Often our clients ask us to review their California Association of Realtors (“CAR”) or Peninsula Regional Data Service (“PRDS”) real estate purchase and sale agreements.  One of the contractual provisions that our clients frequently inquire about is the “As-Is” clause.  [Read More]

Extreme Deal Hunting, Part 2: Buying at Foreclosure Sales

Last month, I wrote about buying property from bankruptcy estates as a potential way to get a discount on your purchase.  Another way investors are getting large discounts is by buying property at foreclosure sales.  However, while properties can be [Read More]

Help, They Flooded My Property!

Borrower “Mass Action” Lawsuits Against Banks Dealt a Double Blow

On August 18, 2011, Attorney General Kamala Harris sued three infamous California law firms who had been signing up distressed homeowner clients for ~$5-10k fees to file frivolous lawsuits against lenders. Those law firms have been placed into receivership. The California [Read More]

Why Can’t Realtors® and Appraisers Play Nice? The New PRDS Real Estate Purchase Contract and Potential Problems for Appraisers

Our office represents real estate brokers in a variety of different matters, including but not limited to commission disputes and failure to disclose lawsuits.  Our office also represents real estate appraisers in administrative (OREA disciplinary hearing) and litigation (e.g. purported [Read More]

Finally, Some Standardization in Appraisals

Recently, Fannie Mae and Freddie Mac teamed up to create a standardized system for use by appraisers to improve the quality and consistency of appraisal data. This system has been termed the UMDP, or Uniform Mortgage Data Program. Before the [Read More]

Simple Ways for Lenders and Servicers to Avoid a $10,000.00 Fine

By Henry Chuang, Esq. Regulation B was enacted in 1974 to implement the provisions of The Equal Credit Opportunity Act (“ECOA”). ECOA was enacted in order to prevent discrimination based on race, color, religion, national origin, sex, marital status, age, [Read More]

Getting Paid After Winning; Additional Tips on Collecting on a Judgment

Congratulations, you have now won your case against the defendant and were awarded a judgment.  Oftentimes people assume that the hard work is over and money will just flow into their hands.  However, while the case may be over, you [Read More]

Get Your Tree Out of My Yard! An Overview of Neighbor’s Rights Relating to Roots and Branches

In previous blog posts I have discussed some of the many areas of dispute that may arise between neighbors.  This article touches upon another one of those areas of dispute:  damage from neighboring trees. If you share a property line [Read More]

3 Things to Watch for When Buying into an HOA

1. CC&R’s Contain Rules That Could Cramp Your Lifestyle. When a buyer is handed a thick stack of documents from the property management company and faced with just a few days to remove the inspection contingency, it’s tempting to avoid [Read More]

Bankruptcy Judge Voids Foreclosure Sale.

In a surprising ruling in August 2011, a bankruptcy judge in the Central District of California voided a foreclosure sale that occurred before the borrower’s bankruptcy filing.  Normally, a non-judicial foreclosure sale is final as to a bona fide purchaser, [Read More]

Home Remodel Contracts

There are many different complications that can occur during a remodel. If you are a homeowner looking to enter into a construction contract, this article will give you a brief overview of what you need to look out for. There [Read More]

Look Out! Two Things to Watch Out for in a Builder’s Purchase Agreement

Most home sales in Northern California use standardized forms for the purchase agreement.  For example, realtors in the Bay Area typically use either the CAR (California Association of Realtors) or PRDS (Peninsula Regional Data Service) forms.  The PRDS forms are [Read More]

Mind The Gap! Relief for Property Owners on Slip and Fall Liability

Generally, owners have a duty to maintain their property in a safe condition, and repair any known dangerous conditions.  From a liability standpoint, the issues that concern landowners are 1) what condition is safe enough and 2) did they know [Read More]

Ibanez Revisited: Massachusetts Court Voids Trustee’s Deed

Earlier this year, the Massachusetts Supreme Court voided a foreclosure sale due to the lender’s inability to prove that it had obtained the right to foreclose.  (See my article on Ibanez for an analysis of the case and impact on [Read More]

Tenant Considerations in a Commercial Lease

Commercial leases generally have many more complexities than the average residential lease, and are oftentimes involve and require significant negotiation.  This article will look at a few of the many areas that tenants should consider before entering into a commercial [Read More]

I Have Been Sued! How Much Will My Defense Cost?

Since I have been named as defendant, how much will it cost to defend this lawsuit? When the initial lawyer/client interview takes place our clients have a lot of questions, but sooner or later the discussion turns to the cost [Read More]

How Is The Deposition Scheduled?

A party to a lawsuit will request that the deposition occur.  The request for the witness to appear is known as a Notice of Deposition.  The Notice of Deposition will state the date, time, and location of the deposition.  It [Read More]

How Does Robo-signing Impact Foreclosure Investors?

The Impact of Robo-signing on Foreclosure Investors and REO Purchasers in California By: Henry Chuang, Esq. Recently, with the announcements of foreclosure moratoriums from some of the largest banks in the nation, including JP Morgan and GMAC, there has been [Read More]

My Lender Foreclosed and Now They Want to Sue Me for More Money!

With the spate of defaults on home loans, people have become increasingly concerned with life after foreclosure.  One of the primary issues that people raise is whether or not a bank can sue the borrower after the home is foreclosed [Read More]

Some of the Contract is Illegal, Does it Still Have to be Paid?

Many people enter into contracts with individuals or entities who purport to be licensed real estate brokers, without looking into whether they are actually licensed. If you later find out the “agent” was not licensed, do you still have to [Read More]

We’ve Seen Some Weird Stuff

Over the years, we have encountered a number of strange fact patterns which tend to stand out in our collective memory. Below is a list of some of the more unusual: Seller was a hoarder who entered into contract to [Read More]

Listing or Selling an Overencumbered Property? Disclose, Disclose, Disclose

Throughout the San Francisco Bay Area the real estate community has seen a drop in residential property values. This drop was particularly noticeable in portions of Santa Clara County, Alameda County and Contra Costa County. As a result of this [Read More]

Ibanez and Its Effects on California

On January 7, 2011, the Massachusetts Supreme Court, in U.S. Bank National Association v. Ibanez, held that a foreclosure sale was void if the lender could not prove that it had the power to foreclose at the time of the [Read More]

Do I Have to Tell Them EVERYTHING?

You are a homeowner in Palo Alto in the process of selling your home, and the question arises: What do I have to disclose to the seller about the house?  As the seller, you do not want to jeopardize your [Read More]

As a Borrower, Suing an Appraiser or an Appraisal Management Company May Not be a Wise Decision.

Our office is regularly contacted by borrowers/homeowners who are struggling to make their loan payments and are now contemplating suing an appraiser or the appraiser’s management company.  The homeowners claim that their mortgage was based on an appraisal that was [Read More]

Do I Need Padded Walls?

Sadly, when someone gets injured on a landowner’s property, one of the first thoughts the landowner may have is “I am going to be held liable for this?”  This article is meant to give landowners a brief overview of liability [Read More]

Chase Settles Class Action Wrongful Foreclosure Suit for $56 Million

On April 21, 2011, JPMorgan Chase agreed to settle a class action lawsuit filed by active-duty military personnel for claims of wrongful foreclosure.  In Rowles v. Chase, three members of the armed forces sued Chase alleging violations of the Servicemembers [Read More]

As a Lender, Can I Sue an Appraiser or His/Her Appraisal Management Company?

Lenders often contact our office when a loan has taken a turn for the worse:  the borrower has defaulted, the borrower has no money, and the property securing the loan is substantially “underwater.”  While we advise the lenders regarding their [Read More]

There Goes the Neighborhood…An Overview of Nuisance Law

What can you do if someone moves in to your Palo Alto neighborhood and suddenly the neighborhood you were used to has completely changed?  In certain instances, the newcomer’s presence may constitute a nuisance, and you may be able to [Read More]

HOA Litigation: A How To Guide

Recently, there has been a rise in disputes between homeowners and their Homeowners’ Associations (“HOAs”).  While many HOAs are willing to work with their members, others prove to be less accommodating.  In these cases, the law has provided specific procedures [Read More]

Homeowner’s Rights Under SB800, Including The Ramifications of the Homebuilder-Seller Unsuccessfully Trying to Circumvent SB800’s Pre-Litigation Procedures

In February 2011, a new California Appellate decision was published effecting a homeowner’s rights after purchasing a newly constructed home. However, before delving into this legal development, this article will briefly review the statutory law behind the ruling. Several years [Read More]

The Deed of Reconveyance – What Happens if You Pay Off Your Loan and The Trustee Does Not Clear Title?!

A brief refresher of how the Deed of Trust works.  Despite common parlance, California is not a “mortgage” state.  For example, if Betty Borrower purchases a house in San Jose and puts down $100k and borrows $400k from Wells Fargo [Read More]

California Backs MERS Right to Foreclose

Recently, there have been a series of decisions throughout the nation about Mortgage Electronic Registration Systems, Inc. (“MERS”).  Some, predominantly cases in state court, hold that MERS can foreclose and there are no issues with the legality of MERS.  (Taylor [Read More]

I Won! Now How Do I Get Paid?

Introduction Many times, obtaining a judgment does not guarantee you will be paid.  Unfortunately, judgment creditors cannot simply rely on the debtor to write a check for the judgment, but instead creditors have to be proactive in collecting their debts.  [Read More]

Revoke a DRE License? Show Me Clear and Convincing Proof.

When a real estate transaction falls through and a lawsuit results, real estate brokers and salespersons have multiple concerns. One concern is the lawsuit itself. Lawsuits can be very stressful, expensive, and time consuming. However, another major concern is the [Read More]

The MERS Problem and Why Lenders Need Possession of the Note

There has been lot of recent case law over the “MERS” problem, which is when the loan instruments get split up – ie, the promissory note is endorsed in blank, and the deed of trust is recorded with MERS, which [Read More]

How Long Will It Take For My Case To Go To Trial?

As real estate and lending law trial attorneys in Palo Alto, we often appear in the Superior Courts of Santa Clara County, San Mateo County, Alameda County, and San Francisco County. In our experience, a case typically reaches trial within [Read More]

I Am A Secured Creditor – How Long Will I Wait To Get Paid By A Borrower Who Just Declared Chapter 13 Bankruptcy?

Chapter 13 bankruptcy is often thought of as the bankruptcy relief that offers the debtor some “breathing room” from his creditors. The Chapter 13 debtor is one who should have some steady income and be able to pay off his [Read More]

What Is This “Discovery” Thing All About?

If you become involved in a lawsuit in California, there is a good chance that you will be exposed to the “Discovery’ process. So what does that mean? To put it simply, discovery is the process by which parties to [Read More]

I Made A Loan To A Borrower And Secured It With The Borrower’s Home. The Borrower Has Stopped Making His Loan Payments. How Long Can The Borrower Stay In The House?

Dear Private Money Lender – Presently, if you choose to start foreclosure in California, it will be at least eight months before you can actually sell the house at Trustee’s Sale. This prolonged time period is due to the California [Read More]

What Is A Deposition?

A deposition is a discovery tool that is frequently used in lawsuits. At a deposition, a witness is asked questions and he/she must respond under oath. A court reporter attends the deposition and transcribes the questions and the responses into [Read More]

I Am A Private Money Lender Who Made A Loan To A Borrower Who Has Just Filed Bankruptcy. Why Do I Need To Get A New Appraisal On Property When The Borrower Is In Bankruptcy?

As lenders know, when a borrower files for bankruptcy, the act of filing clamps down on any and all collection efforts against that borrower and her property– the automatic bankruptcy stay is immediately in effect. Do Not Pass Go, and [Read More]

I’ve Been Sued – Now What?

A few months after building a new fence around your Bay Area home, your neighbor storms over, complaining that he had a survey done and found out that the fence is on his property. The two of you cannot come [Read More]

After A Borrower’s Default – What Lenders Can Expect

California Law allows for two types of foreclosures, judicial and non-judicial foreclosures. While judicial foreclosures are considered in situations where there might be a deficiency, due to the time and expense, it is almost never pursued. Instead, almost all lenders [Read More]

If The Buyer Is Suing The Seller For Failure To Disclose, Why Is The Listing Agent Or Selling Agent Also Named In The Complaint?

This firm defends real estate brokers and salespersons. The typical scenario the firm sees in a “bad house case” (a purchase and sale transaction in California where seller has failed to disclose a defect) is that both the listing agent [Read More]

Just Because A Lender Says You Qualify For A Loan Does Not Mean They Are Saying You Can Afford It!

In the published portion of the recent decision by the California Court of Appeals (Perlas v. GMAC Mortgage), the Court held that merely because a lender determines that a borrower qualified for a loan does not suggest that the borrowers [Read More]

Real Estate Deeds – Getting the Property Transferred to the Right Person at the Right Time

Family members often try to simplify a real estate transaction by avoiding the use of professionals. However, a transfer of a piece of real estate can and usually does have legal, practical and tax implications, even when done correctly. When [Read More]

Investors Beware! Do Not Rely On Information From A Title Company Without An Abstract Or Insurance Policy

With the decline of the real estate market, there has been an epidemic of foreclosures. As a result, many investors have made it their business to purchase distressed real estate at bargain rates. However, before making such purchases, it is [Read More]

What Lenders Should Know about Temporary Restraining Orders and Foreclosures in California

There are only two silver bullets to stop a foreclosure sale. One is the automatic stay provision from when the borrower files bankruptcy, and the other way to stop the trustee sale is through a temporary restraining order (“TRO”) and [Read More]

Alternatives to Unlawful Detainer Actions

As discussed in a previous article Unlawful Detainer Actions (“UD”) can be long, costly, and may even be prohibited by the Helping Families Save Their Home Act. In the face of these difficulties, many lenders have come up with alternatives [Read More]

Who Can Be Deposed In A Lawsuit?

Any party to the lawsuit or anyone with information relevant to the lawsuit can be deposed. For example, in a Palo Alto house purchase dispute, you may get deposed even if you are not the buyer or the seller.  Often [Read More]

I Want To File A Lawsuit! How Much Will It Cost?

I want to file a lawsuit.  As a plaintiff, how much will my case cost? When the initial lawyer/client interview takes place our clients have a lot of questions, but sooner or later the discussion turns to the cost for [Read More]

What’s His or HERS?

Energy efficiency in the home is quickly becoming a hot topic and important consideration in the purchase and sale of residential real estate, especially in Palo Alto and the San Francisco Bay Area. The passing of AB 1809 clarifies existing [Read More]

Caution to REO Investors

REO Investors – California Law Favors the Bidder in Foreclosure Defense Lawsuits When foreclosure investors and REO purchasers in California attend a trustee’s sale and pay cash for the house, they want to know that the sale is final. That [Read More]

Commercial Leasing Basics – Understanding Lease Types

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 outside the base rent are paid.  Generally, the leases are structured by making the [Read More]

Peter Brewer Featured in Super Lawyers Magazine

Super Lawyers® is an organization that rates attorneys by region and publishes award-winning magazines every year. Peter Brewer has held the distinction of Super Lawyers since 2010. However, this year, Peter received additional recognition. In the 2017 Northern California edition [Read More]

Court Finds Listing Agent Can Fight Multiple Owners for Her Commission

Recently, the Sixth District Court of Appeals in California overturned a lower court ruling that originally prevent a real estate broker from collecting a commission when only one owner (out of five) executed the listing agreement. Read more on our [Read More]

Commercial Landlords Subject to New Accessibility Disclosure Requirements

California has seen an uptick in predatory ADA lawsuits, where landlords and business owners are being sued for accessibility violations under the Americans with Disabilities Act (ADA). To counter the rise in these lawsuits, Governor Jerry Brown recently signed a [Read More]

Court Allows Owner to Evict Tenant Who Has Filed Bankruptcy

Many previously-decided cases have held that an owner cannot evict a tenant who has filed bankruptcy, without approval of the bankruptcy court. Fighting the automatic stay is often a struggle for owners who want to remove the party that defaulted. [Read More]

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

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

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

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 [Read More]

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

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 [Read More]