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, Read More > ...
Read More
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 Read More > ...
Read More
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. Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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, Read More > ...
Read More
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 Read More > ...
Read More
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. Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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® Read More > ...
Read More
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, Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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, Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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, Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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, Read More > ...
Read More
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 Read More > ...
Read More
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, Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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. Read More > ...
Read More
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 Read More > ...
Read More
(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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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, Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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), Read More > ...
Read More
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 Read More > ...
Read More
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”) Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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. Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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. Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 & Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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”) Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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, Read More > ...
Read More
“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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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. Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read MoreIn 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. Read More > ...
Read More
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, Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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), Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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), Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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. Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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. comes Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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, Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
> 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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
California Business & Professions Code § 7031 (a) provides, in part, that “no person engaged in the business or acting in the capacity of a contractor, Read More > ...
Read More
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. Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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, Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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, Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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. Read More > ...
Read More
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, Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
‘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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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: Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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, Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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, Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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. Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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. Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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. Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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. Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
One of the first issues that comes up in negotiating a commercial lease is the rental structure, and how the landlord and tenant’s responsibilities for items Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More