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 hope that the information you find here will be relevant for you as it covers a wide spectrum of common real estate related problems. Our knowledgeable attorneys also have extensive experience in litigation, representing their clients in various real estate matters in California. If you have a real estate legal matter and are seeking legal representation, don’t hesitate to contact our office at (650) 327- 2900 x 10 or on the web at www.BrewerFirm.com.
By: Simon Offord, Esq. (Click image for bio)
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 area does not automatically provide the easement owner exclusive use of…
By: Henry Chuang, Esq. (Click image for bio)
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 Court found that the federal statute, Protecting Tenants Against Foreclosure Act of 2009 (“PTFA”), trumped state law and protected a lease from being wiped out in a foreclosure sale. As the name suggests, PTFA is a law that was designed to…
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 modification. In Bushell v. JPMorgan Chase Bank, the Appellate Court found that because the borrower had successfully completed the trial modification and provided all of the required documentation, Chase was required to…
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 lender from seeking a deficiency judgment, even for fraud, for a purchase money loan of…
