Category: Legal Update

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, Read More > ...

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. Read More > ...

Read More
Default Featured image

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 Read More > ...

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Over four years ago, I wrote about the unpublished case of Jacobsen v. Aurora Loan Services (2012).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 Read More > ...

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 Read More > ...

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 Read More > ...

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 Read More > ...

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 Read More > ...

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.  Read More > ...

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 Read More > ...

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 & Read More > ...

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 Read More > ...

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 Read More > ...

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 Read More > ...

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 Read More > ...

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 Read More > ...

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. Read More > ...

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 Read More > ...

Read More
Default Featured image

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 > ...

Read More
Default Featured image

Real Estate Case Update Blog Series

The attorneys at the Law Offices of Peter N. Brewer put together a “Real Estate Case Update Blog Series.” We hope that the information you find Read More > ...

Read More
Default Featured image

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 > ...

Read More
Default Featured image

Commercial Leases Blog Series

The attorneys at the Law Offices of Peter N. Brewer put together a Commercial Leases Blog Series. Whether you are a tenant or a landlord, we Read More > ...

Read More
Default Featured image

Adverse Possession Blog Series

The attorneys at the Law Offices of Peter N. Brewer have many inquiries pertaining to the adverse possession problem. As we know that it is a Read More > ...

Read More
Default Featured image

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
Default Featured image

Wrongful Foreclosure Blog Series

The attorneys at the Law Offices of Peter N. Brewer put together a “Wrongful Foreclosure Blog Series.” We hope that this blog will serve you as Read More > ...

Read More
Default Featured image

Real Estate Case Update Blog Series

The attorneys at the Law Offices of Peter N. Brewer encourage you to stay ahead of the curve by reading our “Real Estate Case Update” blog Read More > ...

Read More
Default Featured image

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 > ...

Read More
Default Featured image

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 Read More > ...

Read More
Default Featured image

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 Read More > ...

Read More
Default Featured image

Attorney Fee Provisions Series

The attorneys at the Law Office of Peter N. Brewer put together an Attorney Fee Provisions Series. We hope that these blogs can provide our colleagues with valuable information regarding the Read More > ...

Read More
Default Featured image

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, Read More > ...

Read More
Default Featured image

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 Read More > ...

Read More
Default Featured image

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 Read More > ...

Read More
Default Featured image

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 Read More > ...

Read More
Default Featured image

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 Read More > ...

Read More
Default Featured image

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 Read More > ...

Read More
Default Featured image

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 Read More > ...

Read More
Default Featured image

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 Read More > ...

Read More
Default Featured image

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 Read More > ...

Read More
Default Featured image

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 Read More > ...

Read More
Default Featured image

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, Read More > ...

Read More
Default Featured image

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
Default Featured image

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 Read More > ...

Read More