Author: dev_team

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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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. Read More > ...

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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 Read More > ...

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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 Read More > ...

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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, Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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$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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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), Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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), Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 > ...

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Wrongful Foreclosure Blog Series

The attorneys at Brewer Offord & Pedersen LLP put together a “Wrongful Foreclosure Blog Series.” We hope that this blog will serve you as guidance and Read More > ...

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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 Read More > ...

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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 > ...

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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.  Read More > ...

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Real Estate Case Update Blog Series

The attorneys at Brewer Offord & Pedersen LLP encourage you to stay ahead of the curve by reading our “Real Estate Case Update” blog series. We Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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Nuisance Law Series

If you find yourself dealing with a neighborhood nuisance issue, it is very important to familiarize yourself with remedies that can help mitigate these matters. Check Read More > ...

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