When the Same Lender Has Both a Senior and Junior Deed of Trust….
If the same lender has both a senior and junior deed of trust on the same security property, can that lender foreclose on the senior lien…
California Supreme Court Settles Split of Authority re Implied Dedication of Private Property to the Public
In a 2015 post on Money and Dirt, we reviewed a then-recent Court of Appeal decision, Scher v. Burke, and discussed the split of authority among…
California Enacts New Regulatory Framework for Medical and Recreational Cannabis
This blog usually explores the relationship between real estate and one green substance — money. But cannabis is the greenery getting a lot of recent attention…
Valuation Of “Different” Property In Condemnation — Does a Developed Market Exist?
When real property interests are acquired by the power of eminent domain, the owner is entitled to receive “just compensation” in the form of fair market…
Equitable Easement Without Preexisting Use?
When a landowner whose parcel is landlocked needs to gain legal access to the property, an “equitable easement” is often the remedy of choice. An equitable…
Eviction Immediately After Foreclosure?
Lenders who foreclose and take ownership of security property via credit bid at the foreclosure sale often confront a tenant whose lease has been extinguished, but…
Adverse Possession of an Easement: Mistakes, Gates, and Fences
Just as fee title to real property can be lost by adverse possession, the same is true with easements. In a recent opinion from California’s Sixth…
Tax Sales and Bankruptcy Stays
It is well understood that under section 362 of the Bankruptcy Code, a bankruptcy filing triggers an “automatic stay” preventing creditors from taking any act to…
Just How Much Power Does Your LLC’s Manager Have?
A few prior posts have addressed the power dynamic between members and managers in LLCs. For example, see: Seven Critical Mistakes Real Estate LLCs Make (and…
Even a “Bona Fide Purchaser” Can’t Rely on a Void Judgment
Under California law, “bona fide purchasers” who buy property with no notice (actual, constructive, or otherwise) of a competing claim to the property are generally protected. …