Category: Real Estate Law

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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 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 > ...

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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 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 > ...

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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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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 Read More > ...

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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 Read More > ...

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Remodeling Series

The attorneys at the Law Offices of Peter N. Brewer have seen their share of construction related disputes. In an effort to educate our network of real Read More > ...

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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 > ...

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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 Read More > ...

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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 > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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Bankruptcy Series

The attorneys at the Law Offices of Peter N. Brewer have handled many collection disputes. Our current influx of calls pertaining to these types of matters Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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. comes Read More > ...

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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 > ...

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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 Read More > ...

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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 Read More > ...

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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 > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 > ...

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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 > ...

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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 > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 Read More > ...

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Disclosure Series

As real estate attorneys, the Law Offices of Peter N. Brewer cannot stress enough to real estate agents and sellers the importance of properly disclosing information Read More > ...

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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 Read More > ...

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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 Read More > ...

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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 > ...

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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 Read More > ...

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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 Read More > ...

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