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. …
“Broker Beware” — Get Commission Agreements In Writing
All California real estate brokers should be well aware of the statute of frauds governing their work found in Civil Code section 1624(a)(4). Here is what…
Bankruptcy Is Not A Borrower Antidote For Loan “Default Interest”
Defaulting on a loan typically triggers a higher interest rate — “default interest” — as one of many consequences for the borrower. (Other consequences include acceleration…
Has Yvanova Lost Its Mojo For Wrongful Foreclosure Plaintiffs?
In 2016, the California Supreme Court’s decision in Yvanova v. New Century Mortgage Corporation caused a lot of excitement among plaintiffs asserting wrongful foreclosure claims and…