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 Read More > ...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 Read More > ...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 Read More > ...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 Read More > ...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 Read More > ...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 Read More > ...Read More
It’s a Good Day to be a Developer
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, Read More > ...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 Read More > ...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 Read More > ...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 Read More > ...Read More
Help, They Flooded My Property!
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 Read More > ...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 Read More > ...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 Read More > ...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 Read More > ...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 Read More > ...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 Read More > ...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?