Beware CC&Rs — They Can Bite
In teaching Real Estate Transactions and Litigation to advanced Law and Business students at U.C. Berkeley’s School of Law, I find that one of the most…
Sham Guaranties Are (Still) Hard To Come By
In a prior post, Sham Guaranties Are Hard To Come By, we reviewed a decision from the First District Court of Appeal that emphasized how difficult…
Exercising a Real Estate Option: the Devil is in the Details
Leases often contain options to renew or extend the lease, and sometimes also an option to purchase the property at the end of the lease term.…
Damages for Seller’s Breach of a Real Estate Purchase and Sale Agreement: a Recent Case Example
When a seller breaches a purchase and sale agreement and fails to complete the sale to the buyer, the buyer’s usual remedy is to seek “specific…
Just Because A Deed Is Void Doesn’t Mean It Can Be Challenged “Any Time”
In a case reviewed last year, Salazar v. Thomas, a California Court of Appeal weighed in on how the statute of limitations applies to quiet title…
Yvanova Post-Script: It’s Not So Easy For Borrowers To Challenge Foreclosure Based on Defective Assignment of a Deed of Trust
For anyone who missed it, the California Supreme Court ruled earlier this year that a borrower has standing to allege wrongful foreclosure based on a void…
The Uniform Commercial Real Estate Receivership Act (Part 2) — Would “Receiver Sales” Conflict with California Law?
In the last post — The Uniform Commercial Real Estate Receivership Act (Part 1) — Pathway to “Receiver Sales” of Real Estate Security? — we previewed…
The Uniform Commercial Real Estate Receivership Act (Part 1) — Pathway to “Receiver Sales” of Real Estate Security?
“Uniform” laws seem to be all the rage these days. A group called the Uniform Law Commission (aka National Conference of Commissioners on Uniform State Laws)…
REITs Get Respect from the Market — a New Sector Home
Beginning in September 2016, publicly traded equity REITs (real estate investment trusts) and other listed real estate companies will get a new home in the S&P…
Court of Appeal Addresses “Prejudice” Element of Wrongful Foreclosure
If a property owner loses their property through a foreclosure sale initiated by someone who did not validly own the debt, has the property owner automatically…